KCP Income Fund and KIK Holdco Company - s. 1(10)
Headnote
Mutual Reliance Review System for Exemptive Relief Applications -- application for an order that the issuer is not a reporting issuer.
Ontario Statutes
Securities Act, R.S.O. 1990, c. S.5, as am., s. 1(10).
August 10, 2007
Attention: Erin Pelletier
Dear Sirs/Mesdames,
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Re:
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KCP Income Fund and KIK Holdco Company (the successor entity by amalgamation to KIK Acquisition Company) (the "Applicants") - application for an order not to be a reporting issuer under the securities legislation of Alberta, Saskatchewan, Ontario, Québec, New Brunswick, Nova Scotia and Newfoundland and Labrador (the "Jurisdictions")
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The Applicants have applied to the local securities regulatory authority or regulator (the "Decision Maker") in each of the Jurisdictions for a decision under the securities legislation (the Legislation") of the Jurisdictions not to be a reporting issuer in the Jurisdictions.
As each of the Applicants has represented to the Decision Makers that,
• the outstanding securities of the Applicant, including debt securities, are beneficially owned, directly or indirectly, by less than 15 security holders in each of the jurisdictions in Canada and less than 51 security holders in total in Canada;
• no securities of the Applicant are traded on a marketplace as defined in National Instrument 21-101 Marketplace Operation;
• the Applicant is applying for relief not to be a reporting issuer in all of the jurisdictions in Canada in which it is currently a reporting issuer; and
• the Applicant is not in default of any of its obligations under the Legislation as a reporting issuer,
each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met and orders that each of the Applicants is not a reporting issuer.