Common use of Applicable Categories Clause in Contracts

Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ The Subscriber is a Shareholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ The Subscriber is a Tax-Exempt Subscriber (i.e., exempt from U.S. federal income taxation under Section 501 of the Code). ____ The Subscriber is a BHC Subscriber1 (i.e., a bank holding company registered under the BHC Act or a non-bank subsidiary thereof). ____ The Subscriber is a Foundation (as defined in Section 509 of the Code). ____ The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ The Subscriber is “Centerbridge Related” (i.e., an affiliate of the Company or the Advisor, or a director, officer, employee or agent of the Company or the Advisor or any of their respective affiliates). ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account.

Appears in 2 contracts

Samples: Subscription Agreement (Overland Advantage), Subscription Agreement (Overland Advantage)

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Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ The Subscriber is a Shareholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ The Subscriber is a Tax-Exempt Subscriber Partner (i.e., exempt from U.S. federal income taxation under Section §501 of the Internal Revenue Code). ____ The Subscriber is a BHC Subscriber1 (i.e.i.e, a bank holding company registered under the BHC Act or a non-non bank subsidiary thereof). ____ The Subscriber is a Foundation Partner (as defined in Section §509 of the Internal Revenue Code). ____ The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ The Subscriber is “Centerbridge Related” (i.e., an affiliate of the Company or the Advisor, or a director, officer, employee or agent of the Company or the Advisor or any of their respective affiliates). ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account.. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

Appears in 1 contract

Samples: Transfer Agreement (Muzinich & Co., Inc.)

Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ The Subscriber is a Shareholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ The Subscriber is a Taxtax-Exempt exempt Subscriber (i.e., exempt from U.S. federal income taxation under Section §501 of the Internal Revenue Code). ____ The Subscriber is a BHC Subscriber1 (i.e.i.e, a bank holding company registered under the BHC Act or a non-non bank subsidiary thereof). ____ The Subscriber is a Foundation Partner (as defined in Section §509 of the Internal Revenue Code). ____ The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ The Subscriber is “Centerbridge Related” (i.e., an affiliate of the Company or the Advisor, or a director, officer, employee or agent of the Company or the Advisor or any of their respective affiliates). ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account.

Appears in 1 contract

Samples: Subscription Agreement (Muzinich Corporate Lending Income Fund, Inc.)

Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ The Subscriber is a Shareholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ The Subscriber is a Tax-Exempt Subscriber Partner (i.e., exempt from U.S. federal income taxation under Section §501 of the Internal Revenue Code). ____ The Subscriber is a BHC Subscriber1 (i.e., a bank holding company registered under the BHC Act or a non-bank subsidiary thereof). ____ The Subscriber is a Foundation Partner (as defined in Section §509 of the Internal Revenue Code). ____ The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ The Subscriber is “Centerbridge Stone Point Related” (i.e., an affiliate of the Company or the AdvisorAdviser, or a director, officer, employee or agent of the Company or the Advisor Adviser or any of their respective affiliates). ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account. “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject.

Appears in 1 contract

Samples: Subscription Agreement (Stone Point Credit Corp)

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Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ _The Subscriber is a Shareholder Stockholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ _The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ _The Subscriber is a Tax-Exempt Subscriber Partner (i.e., exempt from U.S. federal income taxation under Section §501 of the Internal Revenue Code). ____ _The Subscriber is a BHC Subscriber1 (i.e.i.e, a bank holding company registered under the BHC Act or a non-non bank subsidiary thereof). ____ _The Subscriber is a Foundation Partner (as defined in Section §509 of the Internal Revenue Code). ____ _The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ _The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ _The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ _The Subscriber is “Centerbridge Crescent Related” (i.e., an affiliate of the Company or the Advisor, or a director, officer, employee or agent of the Company or the Advisor or any of their respective affiliates). ____ _The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. . __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account.

Appears in 1 contract

Samples: Subscription Agreement (Crescent Capital BDC, Inc.)

Applicable Categories. The Subscriber hereby certifies to the Company that the categories initialed below apply to the Subscriber. (The Subscriber must initial each applicable category.) ____ The Subscriber is a Shareholder Stockholder that is a Benefit Plan Investor (as defined in Schedule 2). ____ The Subscriber is an Other Plan Investor (as defined in Schedule 2 – e.g., a “governmental” plan). ____ The Subscriber is a Tax-Exempt Subscriber Partner (i.e., exempt from U.S. federal income taxation under Section §501 of the Internal Revenue Code). ____ The Subscriber is a BHC Subscriber1 (i.e., a bank holding company registered under the BHC Act or a non-bank subsidiary thereof). ____ The Subscriber is a Foundation Partner (as defined in Section §509 of the Internal Revenue Code). ____ The Subscriber is a “United States person” for U.S. federal income tax purposes. ____ The Subscriber is a “charitable remainder trust” within the meaning of Section 664 of the Code. ____ The Subscriber is or may become a person (including an entity) that has discretionary authority or control with respect to the assets of the Company or a person who provides investment advice with respect to the assets of the Company or an “affiliate” of such a person. (For purposes of the foregoing, an “affiliate” is any person controlling, controlled by or under common control with any such person, including by reason of having the power to exercise a controlling influence over the management or policies of such person.) ____ The Subscriber is “Centerbridge Stone Point Related” (i.e., an affiliate of the Company or the AdvisorAdviser, or a director, officer, employee or agent of the Company or the Advisor Adviser or any of their respective affiliates). ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. 1 A BHC Subscriber is defined as a subscriber that is a bank holding company, as defined in Section 2(a) of the Bank Holding Company Act of 1956, as amended (the “BHC Act”), a non-bank subsidiary (for purposes of the BHC Act) of a bank holding company, a foreign banking organization, as defined in Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. § 211.23) or any successor regulation, or a non-bank subsidiary (for purposes of the BHC Act) of a foreign banking organization which subsidiary is engaged, directly or indirectly in business in the United States and which in any case holds Shares for its own account.. ____ The Subscriber is subject to the Freedom of Information Act, 5 U.S.C § 552 (“FOIA”), any state public records access laws, any state or other jurisdiction’s laws similar in intent or effect to FOIA, or any similar statutory or legal right that might result in the disclosure of confidential information relating to the Company (together with FOIA, “Public Disclosure Laws”). Please indicate the relevant Public Disclosure Laws to which the Subscriber is subject. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

Appears in 1 contract

Samples: Subscription Agreement (Stone Point Credit Corp)

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