Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies and that are applicable to the Borrower and such Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (American Capital, LTD), Senior Secured Term Loan Credit Agreement (American Capital, LTD), Secured Revolving Credit Agreement (American Capital, LTD)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Unrestricted Subsidiaries that are exempt from the Investment Company Act) at all times to collectively comply in all material respects with the any portfolio diversification and similar requirements set forth in the Investment Company Act that are applicable to business development companies and that are (ii) subject to applicable grace periods set forth in the Code so long as it intends to qualify as a RIC, comply with the portfolio diversification and similar requirements set forth in the Code applicable to the Borrower and such SubsidiariesRIC’s.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp), Senior Secured (Apollo Investment Corp)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies companies. The Borrower will at all times, subject to applicable grace or cure periods set forth in the Code, comply with the portfolio diversification and that are similar requirements set forth in the Code applicable to RICs, to the Borrower and such Subsidiariesextent applicable.
Appears in 2 contracts
Samples: Joinder Agreement (AG Twin Brook Capital Income Fund), Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Financing Subsidiaries that are exempt from the Investment Company Act) at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies and that are (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to the Borrower and such Subsidiaries.RIC’s. Revolving Credit Agreement
Appears in 2 contracts
Samples: Senior Secured (Apollo Investment Corp), Guarantee and Security Agreement (Apollo Investment Corp)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Financing Subsidiaries that are exempt from the Investment Company Act) at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies and that are (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to the Borrower and such SubsidiariesRIC's.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp)
Investment Company Diversification Requirements. The Such Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies companies. Such Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and that are similar requirements set forth in the Code applicable to the Borrower and such Subsidiaries.RICs. Exhibit 10.21
Appears in 1 contract
Samples: Senior Secured (FS Investment CORP)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and that are similar requirements set forth in the Code applicable to the Borrower and such SubsidiariesRICs, where applicable.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Blackstone / GSO Secured Lending Fund)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Financing Subsidiaries that are exempt from the Investment Company Act) at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies and that are (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to the Borrower and such SubsidiariesRIC’s.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies and that are applicable to the Borrower and such Subsidiaries.120
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit)
Investment Company Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Subsidiaries that are exempt from the Investment Company Act) at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies companies. The Borrower will at all times, subject to applicable grace or cure periods set forth in the Code, comply with the portfolio diversification and that are similar requirements set forth in the Code applicable to the Borrower and such Subsidiaries.RICs, where applicable. 119
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II)