Securities and Exchange Commission
- [Investment Company Act Release No. 36363; File No. 812-16066]
AGENCY:
Securities and Exchange Commission (“Commission” or “SEC”).
ACTION:
Notice.
Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.
SUMMARY OF APPLICATION:
Applicants request an order to permit certain business development companies (“BDCs”), closed-end management investment companies, and open-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities.
APPLICANTS:
Neostellar Capital Corp, Neostellar Advisors LLC, Magnetar Financial LLC, Magnetar Financial (UK) LLP, MCP Investing LLC and certain vehicles identified in Schedule A and Schedule B, respectively, to the application.
FILING DATES:
The application was filed on August 3, 2026, and amended on October 2, 2026.
HEARING OR NOTIFICATION OF HEARING:
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at Secretarys-Office@sec.gov and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on November 16, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary at Secretarys-Office@sec.gov.
ADDRESSES:
The Commission: Secretarys-Office@sec.gov. Applicants: Mark D. Klein and Allison Green, respectively, Neostellar Capital Corp., mklein@neostellaradvisors.com and agreen@neostellaradvisors.com, and Karl Wachter, Esq. and Michael L. Butler, Esq., respectively, Magnetar Financial LLC, karl.wachter@magnetar.com and mike.butler@magnetar.com with copies to Anne G. Oberndorf, Esq. and Payam Siadatpour, Esq., respectively, Eversheds Sutherland (US) LLP, anne.oberndorf@eversheds-sutherland.com and payam.siadatpour@eversheds-sutherland.com and Clifford R. Cone, Esq., Sidley Austin LLP, cliff.cone@sidley.com.
FOR FURTHER INFORMATION CONTACT:
Rachel Loko, Senior Special Counsel, at (202) 551-6720 or IMOCC@sec.gov (Division of Investment Management, Chief Counsel's Office).