428 Federal Register / Vol. 61, No. 4 / Friday, January 5, 1996 / Notices

are structured to assure that neither the

Fund nor DFAITC will participate

therein on a basis that is different from

or less advantageous than any other

participant.

Applicants’ Conditions

Applicants agree that the order

granting the requested relief shall be

subject to the following conditions:

1. The Fund and each Underlying

Series will be part of the same ‘‘group

of investment companies,’’ as defined in

rule 11a–3 under the Act.

2. No Underlying Series shall acquire

securities of any other investment

company in excess of the limits

contained in section 12(d)(1)(A) of the

Act.

3. A majority of the directors of the

Fund will not be ‘‘interested persons’’ of

the Fund, as defined in section 2(a)(19)

of the Act.

4. Before approving any advisory

contract under section 15, the board of

directors of the Fund, including a

majority of the directors who are not

‘‘interested persons’’ of the Fund, as

defined in section 2(a)(19), shall find

that advisory fees charged under such

contract are based on services provided

that are in addition to, rather than

duplicative of, services provided

pursuant to any Underlying Portfolio’s

advisory contract. Such finding, and the

basis upon which the finding was made,

will be recorded fully in the minute

books of the Fund.

5. Any sales charges or service fees

charged with respect to the securities of

the Fund, when aggregated with any

sales charges or service fees paid by the

Fund with respect to shares of the

acquired Underlying Portfolios, shall

not exceed the limits set forth in Article

III, section 26, of the Rules of Fair

Practice of the National Association of

Securities Dealers, Inc.

6. Applicants agree to provide the

following information, in electronic

format, to the Chief Financial Analyst of

the SEC’s Division of Investment

Management: Monthly average total

assets for each Fund portfolio and each

of its Underlying Series; monthly

purchases and redemptions (other than

by exchange) for each Fund portfolio

and each of its Underlying Series;

monthly exchanges into and out of each

Fund portfolio and each of its

Underlying Series; month-end

allocations of each Fund portfolio’s

assets among its Underlying Series;

annual expense ratios for each Fund

portfolio and each of its Underlying

Series; and a description of any vote

taken by the shareholders of any

Underlying Series, including a

statement of the percentage of votes cast

for and against the proposal by the Fund

and by the other shareholders of the

Underlying Series. Such information

will be provided as soon as reasonably

practicable following each fiscal yearend of the Fund (unless the Chief

Financial Analyst shall notify

applicants in writing that such

information need no longer be

submitted).

For the SEC, by the Division of Investment

Management, under delegated authority.

Margaret H. McFarland,

Deputy Secretary.

FR Doc. 96–172 Filed 1–4–96; 8:45 am]

BILLING CODE 8010–01–M

Issuer Delisting; Notice of Application

to Withdraw From Listing and

Registration; (Marcum Natural Gas

Services, Inc., Common Stock, $.01 Par

Value) File No. 1–12014

December 29, 1995.

Marcum Natural Gas Services, Inc.

(‘‘Company’’) has filed an application

with the Securities and Exchange

Commission (‘‘Commission’’), pursuant

to Section 12(d) of the Securities

Exchange Act of 1934 (‘‘Act’’) and Rule

12d2–2(d) promulgated thereunder, to

withdraw the above specified security

(‘‘Security’’) from listing and

registration on the Pacific Stock

Exchange, Incorporated. (‘‘PSE’’).

The reasons alleged in the application

for withdrawing the Security from

listing and registration include the

following:

According to the Company, since May

23, 1994, the Security has been listed

and traded on the Nasdaq National

Market. The Company believes that, in

light of the trading of the Security on

the Nasdaq National Market, the listing

of the Security on the PSE imposed

costs on the Company in excess of the

benefits to the Company and its

stockholders.

Any interested person may, on or

before January 23, 1996 submit by letter

to the Secretary of the Securities and

Exchange Commission, 450 Fifth Street,

N.W., Washington, D.C. 20549, facts

bearing upon whether the application

has been made in accordance with the

rules of the exchanges 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.

Jonathan G. Katz,

Secretary.

[FR Doc. 96–173 Filed 1–4–96; 8:45 am]

BILLING CODE 8010–01–M

Issuer Delisting; Notice of Application

To Withdraw From Listing and

Registration; (NDE Environmental

Corporation, Common Stock, $.0001

Par Value) File No. 1–10361

December 29, 1995.

NDE Environmental Corporation

(‘‘Company’’) has filed an application

with the Securities and Exchange

Commission (‘‘Commission’’), pursuant

to Section 12(d) of the Securities

Exchange Act of 1934 (‘‘Act’’) and Rule

12d2–2(d) promulgated thereunder, to

withdraw the above specified security

(‘‘Security’’) from listing and

registration on the Boston Stock

Exchange, Inc. (‘‘BSE’’).

The reason alleged in the application

for withdrawing the Security from

listing and registration is that the

Company has chosen to voluntarily

delist rather than rectify its failure to

maintain compliance with the listing

requirements of the BSE. Specifically,

the BSE has informed the Company that

it has fallen below BSE requirements for

continued listing based upon the

company’s most recent 10–Q. More

specifically, the Company is below the

following requirements: the market

value of float shares, $140,981, is below

the requirement of $500,000; and the

shareholder’s equity, $319,034, is below

the requirement of $500,000.

Additionally, the BSE has informed the

Company that it also must list the

Additional Shares issued as a result of

the agreement with Proactive Partners,

L.P., regarding a refinancing

arrangement (4,815,586 shares of

common stock).

Any interested person may, on or

before January 23, 1996 submit by letter

to the Secretary of the Securities and

Exchange Commission, 450 Fifth Street

NW., Washington, DC 20549, facts

bearing upon whether the application

has been made in accordance with the

rules of the BSE 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.