Common use of Eligibility of Portfolio Investments Clause in Contracts

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Lenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any Portfolio Investment so approved shall be deemed to remain approved for a period of ten (10) Business Days. Notwithstanding anything to the contrary in this Section 1.02 or Section 1.03, the Company may acquire any Portfolio Investment, from time to time, pursuant to the Sale Agreement or, subject to the conditions set forth in Section 1.03 otherwise, without the prior approval of the Administrative Agent; provided, that any Portfolio Investment not so approved prior to its date of acquisition shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 3 contracts

Samples: Loan Agreement (CION Investment Corp), Loan and Security Agreement (CION Investment Corp), Loan and Security Agreement (CION Investment Corp)

AutoNDA by SimpleDocs

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all LendersFinancing Providers, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment so approved shall be deemed to remain approved for a period of ten (10) Business Days. Notwithstanding anything to the contrary in this Section 1.02 or Section 1.03, will not prohibit the Company may acquire any from acquiring such Portfolio Investment, from time to time, pursuant to the Sale Agreement or, Investment (subject to the conditions set forth in Section 1.03 otherwise, without the prior approval of the Administrative Agent1.03); provided, that any Portfolio Investment not so approved prior to its date of acquisition Trade Date or Substitution Date (each as defined below) shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 3 contracts

Samples: Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.)

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Lenders, to reasonably request in writing additional information (to the extent available to the Company) regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably (to the extent available to the Company) requested in writing in connection therewith); provided that (i) any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any , (ii) any approval by the Administrative Agent of any proposed Portfolio Investment so approved as an Eligible Portfolio Investment shall be deemed apply to remain approved for any subsequent acquisition of the same Portfolio Investment with a period of ten Trade Date occurring not later than thirty (1030) Business Days. Notwithstanding anything to days after such approval and (iii) the contrary in this Section 1.02 or Section 1.03, the Company may acquire any Portfolio Investment, from time to time, pursuant to the Sale Agreement or, subject to the conditions set forth in Section 1.03 otherwise, without the prior approval failure of the Administrative Agent; provided, that any Agent to notify the Portfolio Investment not so approved prior to Manager and the Company of its date of acquisition approval in accordance with this Section 1.02(c) shall be deemed to be an Ineligible Investment until a disapproval of such later date (if any) on which such Portfolio Investment is so approvedproposed acquisition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Lenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment so approved shall be deemed to remain approved for a period of ten (10) Business Days. Notwithstanding anything to the contrary in this Section 1.02 or Section 1.03, will not prohibit the Company may acquire any from acquiring such Portfolio Investment, from time to time, pursuant to the Sale Agreement or, Investment (subject to satisfaction of the Eligibility Criteria and the conditions set forth in Section 1.03 otherwise, without the prior approval of the Administrative Agent1.03(3) and Section 1.03(4)); provided, provided that any Portfolio Investment not so approved prior to its date of acquisition Trade Date shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 2 contracts

Samples: Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC), Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC)

AutoNDA by SimpleDocs

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Lenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager Servicer and the Company (including via e-mail or other customary electronic messaging systememail) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Collateral Value for such Portfolio Investment) ; no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that (i) any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any Portfolio Investment so approved Agent and (ii) the failure of the Administrative Agent to notify the Servicer and the Company of its approval in accordance with this Section 1.02(c) shall be deemed to remain approved for be a period disapproval of ten (10) Business Dayssuch proposed acquisition. Notwithstanding anything The failure of the Administrative Agent to approve the contrary in this Section 1.02 or Section 1.03, acquisition of a Portfolio Investment will not prohibit the Company may acquire any from acquiring such Portfolio Investment, from time to time, pursuant to the Sale Agreement or, Investment (subject to the conditions set forth in Section 1.03 otherwise, without the prior approval of the Administrative Agent1.03); provided, provided that any Portfolio Investment not so approved prior to its date of acquisition Trade Date shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 1 contract

Samples: Loan and Security Agreement (SCP Private Credit Income BDC LLC)

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Lenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. Any The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment so approved shall be deemed to remain approved for a period of ten (10) Business Days. Notwithstanding anything to the contrary in this Section 1.02 or Section 1.03, will not prohibit the Company may acquire any from acquiring such Portfolio Investment, from time to time, pursuant to the Sale Agreement or, Investment (subject to the conditions set forth in Section 1.03 otherwise, without the prior approval of the Administrative Agent1.03); provided, provided that any Portfolio Investment not so approved prior to its date of acquisition Trade Date shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 1 contract

Samples: Loan and Security Agreement (Corporate Capital Trust, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!