Common use of Effectiveness, Duration and Termination of Agreement Clause in Contracts

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Priority Income Fund, Inc.), Investment Advisory Agreement (Priority Income Fund, Inc.), Investment Advisory Agreement (Pathway Energy Infrastructure Fund, Inc.)

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Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 6 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Gladstone Companies, Inc.), Investment Advisory and Management Agreement (Gladstone Companies, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenEffective Date. This Agreement shall remain in effect for two yearsyears from the Effective Date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Paragraph 3 of this Agreement through the date of termination or expiration.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Strategic Income Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Investment Advisory Agreement (Golub Capital BDC 4 LLC), Investment Advisory Agreement (Golub Capital Direct Lending LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board, or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Silver Spike Investment Corp.), Investment Advisory Agreement (Altmore BDC, Inc.), Investment Advisory Agreement (Silver Spike Investment Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital LLC), Investment Advisory Agreement (Garrison Capital LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenJuly 1, 2023. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (Golub Capital BDC 3, Inc.), Investment Advisory Agreement (GOLUB CAPITAL BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable NASDAQ Global Select Market listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of persons holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereofthereof as well as any amounts under Section 3 hereof through the date of termination, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Alcentra Capital Corp), Investment Advisory Agreement (Alcentra Capital Corp), Investment Advisory Agreement (Alcentra Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 3 contracts

Samples: Management Agreement (Pennantpark Investment Corp), Management Agreement (Pennantpark Investment Corp), Management Agreement (Pennantpark Investment Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Oxford Lane Capital Corp.), Investment Advisory Agreement (Iron Leaf Capital CORP), Agreement (Iron Leaf Capital CORP)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 3 contracts

Samples: Investment Advisory Agreement (TriplePoint Global Venture Credit, LLC), Investment Advisory Agreement (TriplePoint Venture Growth BDC Corp.), Investment Advisory Agreement (TriplePoint Venture Growth BDC Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, ; provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 3 contracts

Samples: Investment Advisory Agreement (WhiteHorse Finance, Inc.), Investment Advisory Agreement (WhiteHorse Finance, LLC), Investment Advisory Agreement (WhiteHorse Finance, LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board, or by the AdviserAdministrator. This Agreement will automatically terminate in may not be assigned by a party without the event consent of the other party; provided, however, that the Administrator’s delegation of its “assignment” (as such term is defined for purposes obligations hereunder to any Sub-Administrator shall not constitute an assignment of Section 15(a)(4) of the Investment Company Act)this Agreement. The provisions of Section 8 Paragraph 5 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Administrator shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 3 contracts

Samples: Administration Agreement (Silver Spike Investment Corp.), Administration Agreement (Altmore BDC, Inc.), Administration Agreement (Silver Spike Investment Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 3 contracts

Samples: Management Agreement (Pennantpark Investment Corp), Management Agreement (Apollo Investment Corp), Pennant Investment CORP

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement shall Effective Date and remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor on 120 days’ written notice. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Except with the consent of the Advisor, upon termination of this Agreement, the Company shall immediately delete the term “Crescent” from its corporate name and not incorporate Crescent as part of any subsequent name. The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 2 and Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in full force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Crescent Private Credit Income Corp), Management Agreement (Crescent Private Credit Income Corp)

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Trustees or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days sixty (60) days’ written noticenotice by the Fund, by the vote of a majority of the outstanding voting securities of the Corporation, Fund or by the vote of the CorporationFund’s Directors Trustees or on one hundred and twenty (120) days’ written notice by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Golub Capital Private Credit Fund), Investment Advisory Agreement (Golub Capital Private Credit Fund)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 Paragraph 7 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Advisory Agreement (T-Equity Capital Corp.), Investment Advisory Agreement (Pacesetter Capital Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Golub Capital BDC, Inc.), Investment Advisory Agreement (Golub Capital BDC LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsCompany's Board, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the Corporation’s Directors Company's directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Company's directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fifth Street Asset Management Inc.), Investment Advisory Agreement (Fifth Street Senior Floating Rate Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004, was amended and restated on March 18, 2010, was amended and restated on May 17, 2018 and was also amended and restated on August 8, 2018. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Agreement (Apollo Investment Corp), MidCap Financial Investment Corp

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Upon termination of this Agreement, the Company shall immediately delete the term “Xxxx Capital” from its corporate name. The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.), Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall Effective Date and remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Except with the consent of the Advisor, upon termination of this Agreement, the Company shall immediately delete the term “Crescent” from its corporate name and not incorporate Crescent as part of any subsequent name. The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 2 and Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in full force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Crescent Capital BDC, Inc.), Investment Advisory Agreement (Crescent Reincorporation Sub, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Companies, Inc.), Investment Advisory and Management Agreement (Gladstone Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any timeupon 60 days written notice, without the payment of any penalty, upon 60 days written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by Board of Directors. The Adviser may terminate this AGreement upon 120 days written notice and shall pay expenses incurred as a result of its termination of the AdviserAgreement. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsuntil March 1, 2012, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fifth Street Asset Management Inc.), Investment Advisory Agreement (Fifth Street Finance Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004, was amended and restated on March 18, 2010 and was also amended and restated on May 17, 2018. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Management Agreement (Apollo Investment Corp), Management Agreement (Apollo Investment Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (26North BDC, Inc.), Investment Advisory Agreement (26North BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Capital Corp), Management Agreement (Gladstone Investment Corporation\de)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration. All fees and calculations contemplated hereunder, including those for the quarter ending June 30, 2020 and any period thereafter, shall be calculated as if this Agreement was effective as of April 1, 2020.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Companies, Inc.), Investment Advisory and Management Agreement (Gladstone Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written[ ]. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

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

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, years from such date and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the "vote of a majority of the outstanding voting securities securities" (as such term is defined in Section 2(a)(42) of the Corporation Investment Company Act) of the Company and (b) the vote of a majority of the Corporation’s Company's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days' written notice, by the "vote of a majority of the outstanding voting securities securities" (as such term is defined in Section 2(a)(42) of the CorporationInvestment Company Act) of the Company, or by the vote of the Corporation’s Board of Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding Notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (Redwood Enhanced Income Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act0000 Xxx) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 2 contracts

Samples: Investment Advisory Management Agreement (PennantPark Floating Rate Capital Ltd.), Management Agreement (PennantPark Floating Rate Capital Ltd.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Paragraph 3 of this Agreement through the date of termination or expirationexpiration and Paragraph 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: And Management Agreement (Porticoes Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement was approved by the Fund's Board of Directors, including by a majority of the disinterested Directors, and by the Fund's sole shareholder on January 14, 1993. This Agreement shall become effective as on the first day following the effective date of the first date above writtenmerger by and between The Kaufmann Fund, Inc., a New York corporation and the Fund, as survivor xx xxx xerger. This Agreement shall remain in effect for two yearsuntil October 30, 1993, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Fund's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors Fund's outstanding voting shares, provided that in either event the continuance is also approved by a majority of such directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company ActAct of 1940) of any such party, cast in accordance with person at a meeting called for the requirements purpose of the Investment Company Actvoting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, upon on 60 days written notice, notice by the vote of a majority of the Fund's outstanding voting securities of the Corporation, or by the vote of a majority of the Corporation’s Fund's Board of Directors or by the Adviser. This Agreement Advisor, and will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of in the Investment Company ActAct of 1940). The ; provided, however, that the provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreementsuch termination. Further, notwithstanding the termination or expiration of Any notice under this Agreement as aforesaid, the Adviser shall be entitled given in writing, addressed and delivered or mailed, postage prepaid, to any amounts owed under Section 3 of this Agreement through the date of termination or expirationother party at its principal office.

Appears in 1 contract

Samples: Investment Advisory Agreement (Kaufmann Fund Inc)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenJune 30, 2014. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Golub Capital BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004 and was amended and restated on March 18, 2010. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Management Agreement (Apollo Investment Corp)

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Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsuntil December 4, 2019, and thereafter shall continue automatically for successive annual periods, ; provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (WhiteHorse Finance, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.expiration and

Appears in 1 contract

Samples: Investment Advisory Agreement (Garrison Capital Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and the Indemnified Parties as and to the extent applicable.

Appears in 1 contract

Samples: Investment Management Agreement (AG Twin Brook BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenSeptember 16, 2019. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (GOLUB CAPITAL BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenEffective Date; provided, that this Agreement shall not have any effect on the fees which were paid to the Adviser pursuant to the Third Amended and Restated Advisory Agreement for the fiscal quarter ended December 31, 2016. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fifth Street Finance Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” as defined by Nasdaq Marketplace Rule 4200(a)(15). This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (MediaTech Investment Corp.)

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of if the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors 's directors who are independent directors, are not interested parties to of this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act; provided that the failure of such bodies to so approve such continuation shall be promptly communicated to the Adviser. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Board of Directors or by the Adviser. This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement 4 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and it representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Management Agreement (Blackhawk Capital Group BDC Inc)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Crescent Capital BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for two yearsa term of one year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement 4 through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brightwood Capital Corp I)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Form 10 registration statement filed with the Securities and Exchange Commission. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company 1940 Act) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives the other Indemnified Parties, as applicable, shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and the other Indemnified Parties as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Muzinich Corporate Lending Income Fund, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for an initial period of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsManagers, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors Managers who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company 1940 Act) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors Managers or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). Upon termination of this Agreement, the Company shall immediately delete the term “Andalusian” from its corporate name. The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Andalusian Credit Company, LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and the Indemnified Parties as and to the extent applicable.

Appears in 1 contract

Samples: Investment Management Agreement (Muzinich BDC, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Golub Capital BDC LLC)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (Oxford Park Income Fund, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Upon termination of this Agreement, the Company shall immediately delete the term “Xxxx Capital” from its corporate name. The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Garrison Capital Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fifth Street Finance Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration. All fees and calculations contemplated hereunder, including those for the quarter ending June 30, 2021 and any period thereafter, shall be calculated as if this Agreement was effective as of April 1, 2021.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Gladstone Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Company or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (5C Lending Partners Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the affirmative vote of a majority of the holders of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement and Section 4 through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Crescent Capital Finance Group, Inc.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of (i) this Agreement, (ii) the Amended and Restated Investment Advisory Agreement between the Corporation and the Adviser, dated as of November 18, 2003, and (iii) the Amended and Restated Investment Advisory Agreement between the Corporation and the Adviser, dated as of June 17, 2004, shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (TICC Capital Corp.)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (Technology Investment Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years. Thereafter, and thereafter this Agreement shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the AdviserAdvisor. This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser Advisor (and its representatives officers, managers, partners, agents, employees, controlling persons, members and any other person or entity affiliated with the Advisor, including without limitation its general partner and the Administrator) shall remain entitled to the benefits thereof, notwithstanding any expiration or termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 as of this Agreement and through the date of termination or expiration.

Appears in 1 contract

Samples: Blackridge Investment Corp

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days days' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Section Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.

Appears in 1 contract

Samples: Investment Advisory Agreement (Monet Entertainment Group LTD)

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