Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 11 contracts
Samples: Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (Freedom Capital Corp/Md)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 10 contracts
Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that that, the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 7 contracts
Samples: Investment Advisory Agreement (CION Investment Corp), Investment Advisory and Administrative Services Agreement (Yorke Capital Corp), Investment Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust sub accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 7 contracts
Samples: Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (Sierra Income Corp), Investment Advisory Agreement (Sierra Income Corp)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 6 contracts
Samples: Investment Advisory and Administrative Services Agreement (Main Street Capital CORP), Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.), Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.)
Commingling. The Adviser Advisor covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations corporations of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser Advisor from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 6 contracts
Samples: Investment Advisory and Administrative Services Agreement (Terra Income Fund 6, Inc.), Investment Advisory and Administrative Services Agreement (Terra Income Fund 6, Inc.), Investment Advisory and Administrative Services Agreement (Terra Income Fund 6, Inc.)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 5 contracts
Samples: Investment Advisory Agreement (NexPoint Capital, Inc.), Investment Advisory Agreement (NexPoint Capital, Inc.), Investment Advisory and Administrative Services Agreement (FS Investment Corp IV)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Prospect Flexible Income Fund, Inc.), Investment Advisory Agreement (Prospect Flexible Income Fund, Inc.), Investment Advisory Agreement (TP Flexible Income Fund, Inc.)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Investment Corp II), Investment Advisory and Administrative Services Agreement (FS Investment Corp IV), Investment Advisory and Administrative Services Agreement (FS Investment Corp III)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationFund’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationFund’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 3 contracts
Samples: Investment Advisory and Management Services Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Investment Advisory and Management Services Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Investment Advisory and Management Services Agreement (BDCA Senior Capital, Inc.)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s Company's funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s Company's funds are protected from the claims of other programs and creditors of such programs.
Appears in 2 contracts
Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America)
Commingling. The Subject to Section 10(j) below, the Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c(j) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (Age Reversal, Inc.), Investment Advisory and Administrative Services Agreement (Keating Capital Inc)
Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(cExhibit A, Section 7(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.
Appears in 1 contract
Samples: Investment Advisory Agreement (FS Investment Corp II)
