Common use of Advisers Act Clause in Contracts

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is duly registered with the Commission as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by Company. There does not exist any proceeding or, to the Registration StatementAdviser’s knowledge, any facts or circumstances the General Disclosure Package and existence of which could reasonably be expected to lead to any proceeding, which might adversely affect the Prospectusregistration of the Adviser with the Commission.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the Advisers Act Regulations, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is duly registered with the Commission as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Statement and the Prospectus. There does not exist any proceeding or, to the Adviser’s knowledge, any facts or circumstances the existence of which could reasonably be expected to lead to any proceeding, which might adversely affect the registration of the Adviser with the Commission.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Investment Company Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Statement and the Prospectus.

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administration Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Final Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administration Agreement for the Company other Fidus Entities as contemplated by the Registration Statement, the General Disclosure Package Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser is a registered as an investment adviser under the Investment Advisers Act and is not prohibited by of 1940, as amended (the "Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus").

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administration Agreement for the Company Fidus Entities as contemplated by the Registration Statement, the General Disclosure Package Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser is duly registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Investment Company Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administration Agreement for the Company as contemplated by the Registration Statement, Prospectus and the General Disclosure Package and the ProspectusPackage.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administrative Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Final Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser is registered as exempt from the definition of an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and is not prohibited by the Advisers required to register under that Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Final Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory and Management Agreement or the Administration Agreement for the Company other Fidus Entities as contemplated by the Registration Statement, the General Disclosure Package Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser Advisor is duly registered with the Commission as an investment adviser advisor under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus. There does not exist any proceeding or, to the Advisor’s knowledge, any facts or circumstances the existence of which could reasonably be expected to lead to any proceeding, which might adversely affect the registration of the Advisor with the Commission.

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory and Management Agreement or the Administration Agreement for the Company other Fidus Entities as contemplated by the Registration Statement, the General Disclosure Package Prospectus and the ProspectusDisclosure Package.

Advisers Act. The Adviser is an investment adviser, as defined in the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers that Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is registered currently exempt from the definition of an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act") and will register as an investment adviser under the Advisers Act and is not prohibited on a timely basis as required by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectusapplicable registration.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is duly registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Investment Company Act Rules and Regulations from acting under the Investment Advisory Agreement or the Administration Agreement for the Company as contemplated by the Registration Statement, Prospectus and the General Disclosure Package and Package. There does not exist any proceeding or, to the ProspectusAdviser’s knowledge, any facts or circumstances the existence of which could reasonably be expected, individually or in the aggregate, to lead to any proceeding, which might adversely affect the registration of the Adviser with the Commission.

Advisers Act. The Adviser Advisor is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory and Management Agreement or the Administration Agreement for the Company other Fidus Entities as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package Statement and the Prospectus.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.

Advisers Act. The Adviser is registered as an investment adviser under the Advisers Act and is not prohibited by the Advisers Act, the 1940 Act or the 1940 Act Rules and Regulations from acting under the Investment Advisory Agreement Agreement, dated as of April 14, 2010 and amended and restated as of July 16, 2010 (the "Investment Advisory Agreement"), between the Adviser and the Company, for the Company as contemplated by the Registration Statement, the General Disclosure Package and the Prospectus.