3504 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices

1 15 U.S.C. 78l(d).

2 17 CFR 240.12d2–2(d).

Regulatory Affairs, Office of

Management and Budget, Room 10102,

New Executive Office Building,

Washington, DC 20503; and (b) Michael

E. Bartell, Associated Executive

Director, Office of Information

Technology, Securities and Exchange

Commission, 450 Fifth Street, NW.,

Washington, DC 20549. Comments must

be submitted to Office of Management

and Budget within 30 days of this

notice.

Dated: January 11, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1479 Filed 1–20–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Submission for OMB Review;

Comment Request

Upon Written Request; Copies

Available From: Securities and

Exchange Commission, Office of

Filings and Information Services,

Washington, DC 20549

Extension:

Form F–9, SEC File No. 270–333, OMB

Control No. 3235–0377

Form F–10, SEC File No. 270–334, OMB

Control No. 3235–0380

Form 10, SEC File No. 270–51, OMB

Control No. 3235–0064

Notice is hereby given that, pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission

(‘‘Commission’’) has submitted to the

Office of Management and Budget

requests for approval of extensions on

the following:

Form F–9 is a Registration Statement

under the Securities Act of 1933

(Securities Act) used by certain

Canadian issuers to register certain

investment grade debt or investment

grade preferred securities that are

offered for cash or in connection with

an exchange offer and either non

convertible or not convertible for a

period of at least one year from the date

of issuance and, except as noted in

paragraph (e), are thereafter only

convertible into security of another class

of the issuer.

The information required by Form F–

9 is useful for persons considering

investment in securities issued by

Canadian companies. Form F–9 takes

approximately 25 hours to prepare and

is filed by 12 respondents. It is

estimated that 25% of the 300 hours (75

hours) would be prepared by the

company.

Form F–10 is a Registration Statement

used by Canadian ‘‘substantial issuers,’’

those issuers with at least thirty-six

calendar months of reporting history

with a securities commission in Canada

and a market value of common stock of

at least $360 million (Canadian) and an

aggregate market value of common stock

held by non-affiliates of at least $75

million (Canadian).

The information required under the

cover of Form F–10 can be used by

security holders and investors in

evaluating securities and making

investment decisions. Form F–10 takes

approximately 25 hours to prepare and

is filed by 45 respondents. It is

estimated that 25% of the 1,125 hours

(281) would be prepared by the

company.

Form 10 is used by the Commission

to register securities pursuant to

Sections 12(b) or 12(g) of the Securities

Exchange Act of 1934 (Exchange Act).

Form 10 requires financial and other

information about such matters as the

registrant’s business, properties, identity

and remuneration of management,

outstanding securities and securities to

be registered and financial condition.

The information provided by Form 10

is intended to ensure the adequacy of

information available to investors about

the company. form 10 takes

approximately 24 hours to prepare and

is filed by 124 respondents. It is

estimated that 25% of the 2,977 hours

(744 hours) would be prepared by the

company.

All information provided to the

Commission is available to the public

for review. Information provided by

both Form F–9 and Form F–10 is

mandatory. Information provided by

Form 10 is voluntary.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

General comments regarding the

above information should be directed to

the following persons: (i) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, New

Executive Office Building, Washington

DC 20503; and (ii) Michael E. Bartell,

Associate Executive Director, Office of

information Technology, Securities and

Exchange Commission, 450 Fifth Street,

N.W., Washington DC 20549. Comments

must be submitted to OMB within 30

days of this notice.

Dated: January 10, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1480 Filed 1–20–00; 8:45 am]

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Issuer Delisting; Notice of Application

to Withdraw From Listing and

Registration; (Enzo Biochem, Inc.,

Common Stock, Par Value $.01 per

Share) File No. 1–9974

January 13, 2000.

Enzo Biochem, Inc. (‘‘Company’’), has

filed an appliction with the Securities

and Exchange Commission

(‘‘Commission’’), pursuant to Section

12(d) of the Securities Exchange Act of

1934 (‘‘Act’’) 1 and Rule 12d2–2(d)

thereunder,2 to withdraw the security

specified above (‘‘Security’’) from listing

and registration on the American Stock

Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’).

The Security has been listed for

trading on the Amex and, pursuant to a

Registration Statement on Form 8–A

filed with the Commission which

became effective on December 8, 1999,

on the New York Stock Exchange, Inc.

(‘‘NYSE’’). Trading in the Security on

the NYSE commenced at the opening of

business on December 16, 1999.

The Company has complied with

Amex Rule 18 by filing with the

Exchange a certified copy of the

preambles and resolutions adopted by

the Company’s Board of Directors

authorizing the withdrawal of its

Security from listing and registration on

the Exchange and by setting forth in

detail to the Exchange the reasons for

such proposed withdrawal and the facts

in support thereof. The Amex has in

turn informed the Company that it does

not object to the proposed withdrawal of

the Company’s Security from listing and

registration on the Exchange.

In making the decision to withdraw

the Security from listing on the Amex in

conjunction with its new listing on the

NYSE, the Company has cited its desire

to avoid the direct and indirect costs, as

well as the division of the market for its

Security, which would arise from

maintaining simultaneous listings on

the Amex and the NYSE. The Company

believes that the NYSE listing will

provide better marketplace visibility for

its Security than the Amex did and

thereby enhance its value for

shareholders.

Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices 3505

3 15 U.S.C. 78l(b).

4 15 U.S.C. 78m.

5 17 CFR 200.30–3(a)(1).

1Applicants also request relief with respect to

future Funds, and any other registered open-end

management investment companies or series

thereof (a) that are advised by the Adviser or any

entity controlling, controlled by, or under common

control with the Adviser, and (b) which operate in

substantially the same manner as the Funds

(‘‘Future Funds,’’ and together with the Funds, the

‘‘Funds’’). Any Fund that relies on the requested

order will do so only in accordance with the terms

and conditions contained in the application. The

Trust is the only existing investment company that

currently intends to rely on the order.

2The New Funds use Sub-Advisers, with Equity

Fund having four Sub-Advisers and Fixed Income

Fund having two Sub-Advisers.

The Company’s application relates

solely to the withdrawal of the Security

from listing and registration on the

Amex and shall have no effect upon the

Security’s continued listed and

registration on the NYSE. By reason of

Section 12(b) of the Act 3 and the rules

and regulations of the Commission

thereunder, the Company shall continue

to be obligated to file reports with the

Commission under Section 13 of the

Act.4

Any interested person may, on or

before February 4, 2000, submit by letter

to the Secretary of the Securities and

Exchange Commission, 450 Fifth Street,

N.W., Washington, D.C. 20549–0609,

facts bearing upon whether the

application has been made in

accordance with the rules of the

Exchange and what terms, if any, should

be imposed by the Commission for the

protection of investors. The

Commission, based on the information

submitted to it, will issue an order

granting the application after the date

mentioned above, unless the

Commission determines to order a

hearing on the matter.

For the Commission, by the Division

of Market Regulation, pursuant to

delegated authority.5

Jonathan G. Katz,

Secretary.

[FR Doc. 00–1474 Filed 1–20–00 8:45 am]

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[Investment Company Act Release No.

24253; 812–11750]

The Wachovia Funds and Wachovia

Bank, N.A.; Notice of Application

January 14, 2000.

AGENCY: Securities and Exchange

Commission (‘‘Commission’’).

ACTION: Notice of an application under

section 6(c) of the Investment Company

Act of 1940 (the ‘‘Act’’) for an

exemption from section 15(a) of the Act

and rule 18f–2 under the Act, as well as

from certain disclosure requirements.

SUMMARY OF THE APPLICATION:

Applicants, The Wachovia Funds (the

‘‘Trust’’) and Wachovia Bank, N.A.

(‘‘Wachovia’’), request an order to

permit them to enter into and materially

amend subadvisory agreements without

shareholder approval and to grant relief

from certain disclosure requirements.

FILING DATE: The application was filed

on August 17, 1999. Applicants have

agreed to file an amendment during the

notice period, the substance of which is

reflected in this notice.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the Commission orders a

hearing. Interested persons may request

a hearing by writing to the

Commission’s Secretary and serving

applicants with a copy of the request,

personally or by mail. Hearing requests

should be received by the Commission

by 5:30 p.m. on February 7, 2000, and

should be accompanied by proof of

service on applicants in the form of an

affidavit or for lawyers, a certificate of

service. Hearing requests should state

the nature of the writer’s interest, the

reason for the request, and the issues

contested. Persons who wish to be

notified of a hearing may request

notification by writing to the

Commission’s Secretary.

ADDRESSES: Secretary, Commission, 450

Fifth Street, N.W., Washington, D.C.

20549–0609. Applicants, c/o Courtney

S. Thornton, Esq. Kirkpatrick &

Lockhart LLP, 1800 Massachusetts

Avenue, N.W., Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT:

Emerson S. Davis, Sr., Senior Counsel,

at (202) 942–0714, or George J. Zornada,

Branch Chief, at (202) 942–0564

(Division of Investment Management,

Office of Investment Company

Regulation).

SUPPLEMENTARY INFORMATION: The

following is a summary of the

application. The complete application

may be obtained for a fee from the

Commission’s Public Reference Branch,

450 Fifth Street, N.W., Washington, D.C.

20549–0102 (telephone (202) 942–8090).

Applicants’ Representations

1. The Trust, a Massachusetts

business trust, is registered under the

Act as an open-end management

investment company. The Trust

currently is comprised of sixteen series

(each a ‘‘Fund’’), including Wachovia

Executive Equity Fund (‘‘Equity Fund’’)

and Wachovia Executive Fixed Income

Fund (‘‘Fixed Income Fund’’ and with

the Equity Fund, the ‘‘New Funds’’).

Each Fund has its own investment

objectives, policies and restrictions.

Wachovia is a wholly-owned subsidiary

of Wachovia Corporation, a publiclyheld bank holding company, and is

exempt from registration under the

Investment Advisers Act of 1940

(‘‘Advisers Act’’). Wachovia Asset

Management (the ‘‘Adviser’’), a business

unit of Wachovia, serves as the

investment adviser to each of the

Funds.1

2. The Trust, on behalf of each Fund,

and the Adviser have entered into an

investment management agreement

(‘‘Advisory Agreement’’) that was

approved by the board of trustees of the

Trust (the ‘‘Board’’), including a

majority of the trustees who are not

‘‘interested persons,’’ as defined in

section 2(a)(19) of the Act

(‘‘Independent Trustees’’), and the

shareholder(s) of each Fund. Under the

terms of the Advisory Agreement, the

Adviser manages the investment of

assets of each Fund and may, subject to

oversight by the Board, hire one or more

sub-advisers (‘‘Sub-Advisers’’) to

provide portfolio management services

to each of the Funds pursuant to

separate investment advisory

agreements (‘‘Sub-Advisory

Agreements’’).2 Each Sub-Adviser is, or

will be, an investment adviser that is

either registered or exempt from

registration under the Advisers Act.

Sub-Advisers are recommended to the

Board by the Adviser and selected and

approved by the Board, including a

majority of the Independent Trustees.

Each Sub-Advisers’s fees are, or will be,

paid by the Adviser out of the

management fees received by the

Adviser from the respective Fund.

3. The Adviser recommends SubAdviser based on its continuing

quantitative and qualitative evaluation

of their skills in managing assets

pursuant to particular investment styles.

The Adviser monitors the Funds and the

Sub-Advisers and makes

recommendations to the Board

regarding allocation, and reallocation, of

assets between Sub-Advisers and is

responsible for recommending the

hiring, termination and replacement of

Sub-Advisers.

4. Applicants request relief to permit

the Adviser, subject to the oversight of

the Board, to enter into and materially

amend Sub-Advisory Agreements

without shareholder approval. The

requested relief will not extend to a

Sub-Adviser that is an affiliated person,

as defined in section 2(a)(3) of the Act,