81_FR_26365 81 FR 26281 - Order of Suspension of Trading; In the Matter of Pineapple Express, Inc.

81 FR 26281 - Order of Suspension of Trading; In the Matter of Pineapple Express, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26281-26281
FR Document2016-10295

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Page 26281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10295]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


 Order of Suspension of Trading; In the Matter of Pineapple 
Express, Inc.

April 28, 2016.
    It appears to the Securities and Exchange Commission that the 
public interest and the protection of investors require a suspension of 
trading in the securities of Pineapple Express, Inc. (CIK No. 1654672) 
because of recent, unusual and unexplained market activity in the 
company's stock that raises concerns about the adequacy of publicly-
available information regarding the company. Pineapple Express, Inc. is 
a Wyoming corporation with its principal place of business listed as 
Los Angeles, California, with stock quoted on OTC Link (previously 
``Pink Sheets'') operated by OTC Markets Group, Inc. under the ticker 
symbol PNPL.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the securities of the 
above-listed company is suspended for the period from 9:30 a.m. EDT, on 
April 28, 2016, through 11:59 p.m. EDT, on May 11, 2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10295 Filed 4-28-16; 4:15 pm]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                  26281

                                                any person who, if it were not directly                   4. In passing upon applications under               SECURITIES AND EXCHANGE
                                                or indirectly controlled by the BDC,                    rule 17d–1, the Commission considers                  COMMISSION
                                                would not be directly or indirectly                     whether the company’s participation in
                                                under the control of a person who                       the joint transaction is consistent with              [File No. 500–1]
                                                controls the BDC), or any person who is,                the provisions, policies, and purposes of
                                                within the meaning of section 2(a)(3)(C)                                                                      Order of Suspension of Trading; In the
                                                                                                        the Act and the extent to which such
                                                of the Act, an affiliated person of such                                                                      Matter of Pineapple Express, Inc.
                                                                                                        participation is on a basis different from
                                                person. Sections 2(a)(3)(C) defines an                  or less advantageous than that of other               April 28, 2016.
                                                ‘‘affiliated person’’ of another person as              participants.                                           It appears to the Securities and
                                                any person directly or indirectly
                                                                                                          5. Applicants believe that the                      Exchange Commission that the public
                                                controlling, controlled by, or under
                                                                                                        representations and conditions set forth              interest and the protection of investors
                                                common control with, such other
                                                person.                                                 in the application will ensure that the               require a suspension of trading in the
                                                   2. Rule 17d–1 under the Act generally                Proposed Transactions are consistent                  securities of Pineapple Express, Inc.
                                                prohibits participation by a registered                 with the protection of the Company’s                  (CIK No. 1654672) because of recent,
                                                investment company and an affiliated                    Shareholders, including the Current                   unusual and unexplained market
                                                person (as defined in section 2(a)(3) of                Common Shareholders (as herein                        activity in the company’s stock that
                                                the Act) or principal underwriter for                                                                         raises concerns about the adequacy of
                                                                                                        defined), and with the purposes
                                                that investment company, or an                                                                                publicly-available information regarding
                                                                                                        intended by the policies and provisions
                                                affiliated person of such affiliated                                                                          the company. Pineapple Express, Inc. is
                                                                                                        of the Act. Applicants state that the                 a Wyoming corporation with its
                                                person or principal underwriter, in any                 Company’s participation in the
                                                ‘‘joint enterprise or other joint                                                                             principal place of business listed as Los
                                                                                                        Proposed Transactions will be                         Angeles, California, with stock quoted
                                                arrangement or profit-sharing plan,’’ as                consistent with the provisions, policies,
                                                defined in the rule, without prior                                                                            on OTC Link (previously ‘‘Pink Sheets’’)
                                                                                                        and purposes of the Act and on a basis                operated by OTC Markets Group, Inc.
                                                approval by the Commission by order
                                                                                                        that is not different from or less                    under the ticker symbol PNPL.
                                                upon application. Although the
                                                Commission has not adopted any rules                    advantageous than that of other                         The Commission is of the opinion that
                                                expressly under section 57(a)(4), section               participants.                                         the public interest and the protection of
                                                57(i) provides that the rules (but not                  Applicants’ Conditions                                investors require a suspension of trading
                                                section 17(d) itself) under section 17(d)                                                                     in the securities of the above-listed
                                                applicable to registered closed-end                       Applicants agree that any order                     company.
                                                investment companies (e.g., rule 17d–1)                 granting the requested relief will be                   Therefore, it is ordered, pursuant to
                                                are, in the interim, deemed to apply to                 subject to the following conditions:                  Section 12(k) of the Securities Exchange
                                                transactions subject to section 57(a).                                                                        Act of 1934, that trading in the
                                                                                                          1. The Company will ensure that total
                                                   3. As the investment adviser and                                                                           securities of the above-listed company is
                                                                                                        Underwriting Compensation payable in                  suspended for the period from 9:30 a.m.
                                                principal underwriter to the Company,
                                                the Advisor and the Dealer Manager,                     the Offering will not exceed 10% of the               EDT, on April 28, 2016, through 11:59
                                                respectively, are subject to the                        gross proceeds of the Offering,                       p.m. EDT, on May 11, 2016.
                                                prohibitions of section 57(a)(4) as a                   consistent with Conduct Rule 2310.
                                                                                                                                                                By the Commission.
                                                result of section 57(b)(2) of the Act.                    2. For the period of time in which the              Robert W. Errett,
                                                Moreover, the Sponsor may be deemed                     Distribution Fee is payable, the Dealer               Deputy Secretary.
                                                to control both the Advisor and the                     Manager will waive any annual
                                                                                                                                                              [FR Doc. 2016–10295 Filed 4–28–16; 4:15 pm]
                                                Dealer Manager and the Advisor may be                   Distribution Fee payment to which it is
                                                deemed to control the Company within                                                                          BILLING CODE 8011–01–P
                                                                                                        otherwise entitled in an amount
                                                the meaning of section 2(a)(9) of the                   sufficient to ensure that the total return
                                                Act.1 Accordingly, the Company, the                     experienced by the holders of the
                                                Advisor, the Dealer Manager and the                                                                           SECURITIES AND EXCHANGE
                                                                                                        Company’s Common Shares                               COMMISSION
                                                Sponsor may be deemed to be affiliated                  immediately prior to the
                                                persons of each other under section                     implementation of the Dealer Manager                  [Release No. 34–77714; File No. SR–
                                                2(a)(3)(C) of the Act because they are                                                                        NASDAQ–2016–028]
                                                                                                        Agreement Amendment (the ‘‘Current
                                                under common control of the Sponsor,
                                                and thus the Advisor, the Dealer                        Common Shareholders’’) is not less than
                                                                                                        the total return the Current Common                   Self-Regulatory Organizations; The
                                                Manager and the Sponsor would be                                                                              NASDAQ Stock Market LLC; Order
                                                persons described in section 57(b)(2)                   Shareholders would have experienced if
                                                                                                                                                              Granting Approval of Proposed Rule
                                                subject to the prohibitions of section                  the Proposed Transactions had not
                                                                                                                                                              Change, as Modified by Amendment
                                                57(a)(4). The Distribution Fee                          occurred and the Dealer Manager                       No. 1 Thereto, Relating to the Listing
                                                Reimbursement and the Dealer-Manager                    Agreement had not been amended.                       and Trading of the Shares of the
                                                Agreement Amendment (the ‘‘Proposed                       For the Commission, by the Division of              iSectors Post-MPT Growth ETF of
                                                Transactions’’) might be deemed a ‘‘joint               Investment Management, under delegated                ETFis Series Trust I
                                                enterprise or other joint arrangement,’’                authority.
                                                within the meaning of section 57(a)(4) of                                                                     April 26, 2016.
                                                                                                        Robert W. Errett,
                                                the Act and rule 17d–1 thereunder.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                        Deputy Secretary.                                     I. Introduction
                                                Therefore, the Sponsor, the Advisor, the
                                                Dealer Manager, and the Company may                     [FR Doc. 2016–10109 Filed 4–29–16; 8:45 am]              On February 23, 2016, The NASDAQ
                                                be prohibited from engaging in the                      BILLING CODE 8011–01–P                                Stock Market LLC (‘‘Exchange’’ or
                                                Proposed Transactions as a result of the                                                                      ‘‘Nasdaq’’) filed with the Securities and
                                                prohibitions of section 57(a)(4) and rule                                                                     Exchange Commission (‘‘Commission’’),
                                                17d–1, without a grant of the Order of                                                                        pursuant to Section 19(b)(1) of the
                                                the Commission.                                                                                               Securities Exchange Act of 1934 (‘‘Act’’


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Document Created: 2016-04-30 13:35:47
Document Modified: 2016-04-30 13:35:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 26281 

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