Common use of BDC Election Clause in Contracts

BDC Election. The Company has elected to be regulated as a 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's BDC Election pursuant to Section 54(c) of the 1940 Act; the Company's BDC Election remains in full force and effect, and, to the Company'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, including the provisions applicable to BDCs and the 1940 Act Rules and Regulations, including the provisions applicable to BDCs.

Appears in 2 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)

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BDC Election. The Company has elected to be regulated as a BDC 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's Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company's Company BDC Election remains in full force and effect, and, to the Company's ’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 in all material respects with the provisions of the 1940 Act, including the provisions Act applicable to BDCs business development companies and the 1940 Act Rules rules and Regulations, including regulations of the provisions Commission thereunder applicable to BDCsbusiness development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Gladstone Capital Corp), Placement Agreement (Gladstone Capital Corp)

BDC Election. The Company has elected to be regulated as a BDC 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's Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company's Company BDC Election remains in full force and effect, effect and, to the Company's ’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 in all material respects with the provisions of the 1940 Act, including the provisions Act applicable to BDCs and the 1940 Act Rules and Regulationsbusiness development companies, including the provisions applicable except where such non-compliance would not reasonably be expected to BDCsresult in a Material Adverse Effect.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Great Elm Capital Corp.), Dealer Manager Agreement (Great Elm Capital Corp.)

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BDC Election. The Company has elected to be regulated as a BDC 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's BDC Election pursuant to Section 54(c) of the 1940 Act; the Company's BDC Election remains in full force and effect, and, to the Company'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, including the provisions applicable to BDCs business development companies and the 1940 Act Rules and Regulations, including the provisions applicable to BDCsbusiness development companies.

Appears in 1 contract

Samples: Administration Agreement (Golub Capital BDC LLC)

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