Common use of Compliance with Applicable Law; Permits Clause in Contracts

Compliance with Applicable Law; Permits. (a) Such Company and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such Company. Such Company has not received any written or, to such Company’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to such Company and its Consolidated Subsidiaries, taken as a whole. Such Company was fully qualified to sell the Applicable Common Shares in each jurisdiction in which such shares were registered and sold as of the time of the sale of the Applicable Common Stock, other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Corporate Capital Trust II), Agreement and Plan of Merger (FS Investment Corp III)

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Compliance with Applicable Law; Permits. (a) Such Each of the Company and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such the Company. Such The Company has not received any written or, to such the Company’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to such the Company and its Consolidated Subsidiaries, taken as a whole. Such The Company was fully qualified to sell has operated in compliance with all listing standards of NYSE since the Applicable Common Shares in each jurisdiction in which such shares were registered and sold as of the time of the sale of the Applicable Common Stock, Date other than as would not, individually or in the aggregate, reasonably be expected to have be material to the Company and its Consolidated Subsidiaries, taken as a Material Adverse Effect with respect to such Companywhole.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (MidCap Financial Investment Corp), Agreement and Plan of Merger (MidCap Financial Investment Corp)

Compliance with Applicable Law; Permits. (a) Such Company GCIC and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such CompanyGCIC. Such Company GCIC has not received any written or, to such CompanyGCIC’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to such Company GCIC and its Consolidated Subsidiaries, taken as a whole. Such Company was GCIC is, and was, fully qualified to sell the Applicable shares of GCIC Common Shares Stock in each jurisdiction in which such shares were registered and sold as of the time of the sale of the Applicable Common Stocksold, other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such CompanyGCIC.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (GOLUB CAPITAL INVESTMENT Corp)

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Compliance with Applicable Law; Permits. (a) Such Company FSIC II and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such CompanyFSIC II. Such Company FSIC II has not received any written or, to such CompanyFSIC II’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to such Company FSIC II and its Consolidated Subsidiaries, taken as a whole. Such Company FSIC II was fully qualified to sell the Applicable shares of FSIC II Common Shares Stock in each jurisdiction in which such shares were registered and sold as of the time of the sale of the Applicable Common Stock, other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to such CompanyFSIC II.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (FS Investment Corp III), Agreement and Plan of Merger (Corporate Capital Trust II)

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