Common use of Investor Excuse Clause in Contracts

Investor Excuse. If the proposed Borrowing will be used in connection with one or more Investments, the Borrowers and Qualified Borrowers in the applicable Fund Group are not aware of any Borrowing Base Investor who could be excused from participating in such Investment(s) pursuant to the terms of the applicable Operative Documents, Subscription Agreements or Side Letters, which excuse would excuse such Investor from having to fund a Capital Contribution for the repayment of any Borrowing used to fund such Investment (provided, that if Borrower has disclosed a potential excuse or exemption right to the Administrative Agent in writing, the excused portion of the applicable Investor’s Unfunded Commitment shall be excluded from the calculation of the Available Commitment, but the Borrower shall not be prohibited from such credit extension upon satisfaction of the other conditions therefor);

Appears in 4 contracts

Samples: Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.)

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Investor Excuse. If the proposed Borrowing will be used in connection with one or more Investments, the Borrowers and Qualified Borrowers in the applicable Fund Group are not aware of any Borrowing Base Investor who could be excused from participating in such Investment(s) pursuant to the terms of the applicable Operative Documents, Subscription Agreements or Side Letters, which excuse would excuse such Investor from having to fund a Capital Contribution for the repayment of any Borrowing used to fund such Investment (provided, that if Borrower has disclosed a potential excuse or exemption right to the Administrative Agent in writing, the excused portion of the applicable Investor’s Unfunded Commitment shall be excluded from the calculation of the Available Commitment, but the Borrower shall not be prohibited from such credit extension upon satisfaction of the other conditions therefor);

Appears in 4 contracts

Samples: Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.)

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Investor Excuse. If the proposed Borrowing will be used in connection with one or more Investments, the Borrowers and Qualified Borrowers in the applicable Fund Group are Borrower is not aware of any Borrowing Base Included Investor who could be excused from participating in such Investment(s) pursuant to the terms of the applicable Operative Documents or its Subscription Documents, Subscription Agreements or Side Letters, which excuse would excuse such Investor from having to fund a Capital Contribution for the repayment of any Borrowing used to fund such Investment (provided, that if Borrower has disclosed a potential excuse or exemption right to the Administrative Agent in writing, the excused portion of the applicable Investor’s Unfunded Commitment shall be excluded from the calculation of the Available Commitment, but the Borrower shall not be prohibited from such credit extension upon satisfaction of the other conditions therefor);

Appears in 1 contract

Samples: Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)

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