BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “Company BDC Election”); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company BDC Election remains in full force and effect, and, to the Company’s actual knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance with the provisions of the 1940 Act applicable to business development companies and the rules and regulations of the Commission thereunder applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.
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Samples: Underwriting Agreement (Gladstone Capital Corp), Placement Agreement (Gladstone Capital Corp)
BDC Election. The Company has elected to be regulated as a business development company BDC under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “"Company BDC Election”"); the Company has not filed with the Commission any notice of withdrawal of the Company Company's BDC Election pursuant to Section 54(c) of the 1940 Act; the Company Company's BDC Election remains in full force and effect, and, to the Company’s actual 's knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the 1940 Act Act, including the provisions applicable to business development companies BDCs and the rules 1940 Act Rules and regulations of Regulations, including the Commission thereunder provisions applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse EffectBDCs.
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Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “Company BDC Election”); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company BDC Election remains in full force and effect, effect and, to the Company’s actual knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefore therefor initiated or threatened by the Commission. The operations of the Company are in compliance with the provisions of the 1940 Act applicable to business development companies and the rules and regulations of the Commission thereunder applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.
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Samples: Dealer Manager Agreement (Great Elm Capital Corp.), Dealer Manager Agreement (Great Elm Capital Corp.)
BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “"Company BDC Election”"); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company Company's BDC Election remains in full force and effect, and, to the Company’s actual 's knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the 1940 Act Act, including the provisions applicable to business development companies and the rules 1940 Act Rules and regulations of Regulations, including the Commission thereunder provisions applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.
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