Citadel Income Fund and Energy Income Fund -- s. 19.1 of NI 41-101 General Prospectus Requirements

Order

Headnote

National Policy 11-203 Process for Exemptive Relief Applications in Multiple Jurisdictions -- relief from s. 2.3(1) of National Instrument 41-101 General Prospectus Requirements to permit filing a final prospectus more than 90 days after the date of receipt for the preliminary prospectus.

Applicable Legislative Provisions

National Instrument 41-101 General Prospectus Requirements, ss. 2.3(1), 19.1.

September 12, 2011

McMillan LLP

Attention: Stephen Genttner

Dear Sir:

Re:

Citadel Income Fund and Energy Income Fund (the Funds)

 

 

Exemptive Relief Applications under Section 19.1 of National Instrument 41-101 General Prospectus Requirements (NI 41-101)

 

 

Application No. 2011/0626 and 2011/0654, SEDAR Project No. 1706739 and 1706759

By letter dated July 8, 2011, (the Application), the Funds applied to the Director of the Ontario Securities Commission (the Director) pursuant to section 19.1 of NI 41-101 for relief from the operation of subsection 2.3(1) of NI 41-101, which prohibits an issuer from filing a prospectus more than 90 days after the date of the receipt for the preliminary prospectus.

This letter confirms that, based on the information and representations made in the Application, and for the purposes described in the Application, the Director grants the requested exemption to be evidenced by the issuance of a receipt for the Funds' prospectuses, provided the Funds' final prospectuses are filed no later than September 30, 2011.

Yours very truly,

"Vera Nunes"
Manager, Investment Funds Branch