Common use of Covered Transactions Clause in Contracts

Covered Transactions. The Borrower shall not use the proceeds of any Loan in a manner that would cause such credit extension to become a “covered transaction” as defined in Section 23A of the Federal Reserve Act (12 U.S.C. § 371c) and the Federal Reserve Board’s Regulation W (12 C.F.R. Part 223), including any transaction where the proceeds of any Loan are used for the benefit of, or transferred to, an affiliate of a Lender.

Appears in 4 contracts

Samples: Amendment No. 6 (HMS Income Fund, Inc.), Amendment No. 5 (HMS Income Fund, Inc.), Amendment No. 3 (HMS Income Fund, Inc.)

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Covered Transactions. The Borrower shall not use the proceeds of any Loan Advance in a manner that would cause such credit extension to become a “covered transaction” as defined in Section 23A of the Federal Reserve Act (12 U.S.C. § 371c) and the Federal Reserve Board’s Regulation W (12 C.F.R. Part 223), including any transaction where the proceeds of any Loan Advance are used for the benefit of, or transferred to, an affiliate Affiliate of a Lender.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)

Covered Transactions. The Borrower shall not use the proceeds of any Loan in a manner that would cause such credit extension to become a “covered transaction” as defined in Section 23A of the Federal Reserve Act (12 U.S.C. § 371c) and the Federal Reserve FRS Board’s Regulation W (12 C.F.R. Part 223), including any transaction where the proceeds of any Loan are used for the benefit of, or transferred to, an affiliate of a Lender.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Capital Southwest Corp)

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Covered Transactions. The Borrower shall not use the proceeds of any Loan Advance in a manner that would cause such credit extension to become a “covered transaction” as defined in Section 23A of the Federal Reserve Act (12 U.S.C. § 371c) and the Federal Reserve Board’s Regulation W (12 C.F.R. Part 223), including any transaction where the proceeds of any Loan Advance are used for the benefit of, or transferred to, an affiliate Affiliate of a Lender.. USActive 52762757.1552762757.22 157

Appears in 1 contract

Samples: Loan and Servicing Agreement (Ares Capital Corp)

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