[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48901-48902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18309]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 22-28742]


Application and Opportunity for Hearing: NationsRent Companies, 
Inc.

August 5, 2004.
    The Securities and Exchange Commission gives notice that 
NationsRent Companies, Inc. has filed an application under section 
304(d) of the Trust Indenture Act of 1939. NationsRent Companies asks 
the Commission to exempt from the certificate or opinion delivery 
requirements of section 314(d) of the 1939 Act certain provisions of an 
indenture dated October 23, 2003, as supplemented by the first 
supplement, dated as of July 27, 2004, to the indenture dated as of 
October 23, 2003, between NationsRent Companies certain guarantors, and 
Wilmington Trust Company, as trustee. The indenture relates to 9\1/2\% 
Senior Secured Notes due 2010.
    Section 304(d) of the 1939 Act, in part, authorizes the Commission 
to exempt conditionally or unconditionally any indenture from one or 
more provisions of the 1939 Act. The Commission may provide an 
exemption under section 304(d) if it finds that the exemption is 
necessary or appropriate in the public interest and consistent with the 
protection of investors and the purposes fairly intended by the 1939 
Act.
    Section 314(d) requires the obligor to furnish to the indenture 
trustee certificates or opinions of fair value from an engineer, 
appraiser or other expert upon any release of collateral from the lien 
of the indenture. The engineer, appraiser or other expert must opine 
that the proposed release will not impair the security under the 
indenture in contravention of the provisions of the indenture. The 
application requests an exemption from section 314(d) for specified 
dispositions of collateral that are made in NationsRent Companies' and 
the guarantors' ordinary course of business.
    In its application, NationsRent Companies alleges that:
    1. The indenture permits NationsRent Companies and the guarantors 
to dispose of collateral in the ordinary course of their business;
    2. NationsRent Companies and the guarantors will deliver to the 
trustee annual consolidated financial statements audited by certified 
independent accountants; and
    3. NationsRent Companies and the guarantors will deliver to the 
trustee a semi-annual certificate stating that all dispositions of 
collateral during the relevant six-month period occurred in NationsRent 
Companies' and the guarantors' ordinary course of business and that all 
of the proceeds were used as permitted by the indenture.
    Any interested persons should look to the application for a more 
detailed statement of the asserted matters of fact and law. The 
application is on file in the Commission's Public Reference Section, 
File Number 22-28742, 450 Fifth Street, NW., Washington, DC 20549.

[[Page 48902]]

    The Commission also gives notice that any interested persons may 
request, in writing, that a hearing be held on this matter. Interested 
persons must submit those requests to the Commission no later than 
September 3, 2004. Interested persons must include the following in 
their request for a hearing on this matter:
     The nature of that person's interest;
     The reasons for the request; and
     The issues of law or fact raised by the application that 
the interested person desires to refute or request a hearing on.
    The interested person should address this request for a hearing to: 
Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 
Fifth Street, NW., Washington, DC 20549-0609. At any time after 
September 3, 2004, the Commission may issue an order granting the 
application, unless the Commission orders a hearing.

    For the Commission, by the Division of Corporation Finance, 
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 04-18309 Filed 8-10-04; 8:45 am]
BILLING CODE 8010-01-P