Common use of Corporate Existence and Power; Investment Company Status Clause in Contracts

Corporate Existence and Power; Investment Company Status. Each of the Borrower and each of its Significant Subsidiaries is validly existing and in good standing under the laws of its jurisdiction of organization, and is duly qualified to do business in each jurisdiction where, in light of the nature of the business transacted or the property owned by it, such qualification is necessary, except in jurisdictions where the failure to be so qualified would not reasonably be expected to result in a material adverse effect on the business, financial position or results of operations of the Borrower and its Significant Subsidiaries taken as a whole. The Borrower is not nor is required to be registered as an “investment company” under the Investment Company Act of 1940.

Corporate Existence and Power; Investment Company Status. Each of the Borrower and each of its Significant Subsidiaries is validly existing and in good standing under the laws of its jurisdiction of organization, and is duly qualified to do business in each jurisdiction where, in light of the nature of the business transacted or the property owned by it, such qualification is necessary, except in jurisdictions where necessary and the failure so to be so qualified would not reasonably be expected qualify might permanently impair title to result in property material to its operations or its right to enforce a material adverse effect on the businesscontract against others, financial position or results of operations of the Borrower and its Significant Subsidiaries taken as a wholeexpose it to substantial liability in such jurisdiction. The Borrower is not nor is required to be registered as an “investment company” under the Investment Company Act of 1940.