Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be: (A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and (B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Medley Capital Corp), Agreement and Plan of Merger (Sierra Income Corp), Merger Agreement (Sierra Income Corp)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Corporation shall reimburse the Adviser for all expenses of the Company Corporation incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Corporation and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyCorporation; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Corporation would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Corporation on the basis of assets, revenues, time records or allocations and/or other method conforming with generally accepted accounting principlesreasonable metrics. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 9 contracts
Samples: Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (Freedom Capital Corp/Md)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(Ai) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(Bii) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 4 contracts
Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(Ai) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(Bii) salaries, fringe benefits, travel expenses and other administrative items incurred by or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 1010.0% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 3 contracts
Samples: Investment Advisory and Management Services Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Investment Advisory and Management Services Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Investment Advisory and Management Services Agreement (BDCA Senior Capital, Inc.)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of allocated to a person with a controlling interest in the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 3 contracts
Samples: Investment Advisory Agreement (CION Investment Corp), Investment Advisory Agreement (CION Investment Corp), Investment Advisory Agreement (CION Investment Corp)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Fund shall reimburse the Adviser for all expenses of the Company Fund incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Fund and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyFund; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Fund would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Fund on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s 's actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(Ai) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(Bii) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent Rent or depreciation, utilities, capital equipment, and other administrative items solely of the Adviser; and
(B) salariesSalaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of ten percent (10% %) or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise)) for services rendered solely to the Adviser.
(ii) Section 2(c)(i) above shall not apply, and shall be of no force or effect, if and to the extent the shares of the Company’s Common Stock are qualified as “covered securities,” within the meaning of Section 18 of the Securities Act.
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (Age Reversal, Inc.), Investment Advisory and Administrative Services Agreement (Keating Capital Inc)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of allocated to a person with a controlling interest in the Adviser; and
(B) salaries, fringe benefits, travel expenses unrelated to the Company’s business, and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (Yorke Capital Corp), Investment Advisory and Administrative Services Agreement (Yorke Capital Corp)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or allocations and/or other method conforming with generally accepted accounting principlesreasonable metrics. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member controlling person of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of allocated to a person with a controlling interest in the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser sponsor (or any person having the power to direct or cause the direction of the Advisersponsor, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.), Investment Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Corporation shall reimburse the Adviser for all expenses of the Company Corporation incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Corporation and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyCorporation; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Corporation would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Corporation on the basis of assets, revenues, time records or allocations and/or other method conforming with generally accepted accounting principlesreasonable metrics. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member controlling person of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Investment Corp IV), Investment Advisory and Administrative Services Agreement (FS Investment Corp IV)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Corporation shall reimburse the Adviser for all expenses of the Company Corporation incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Corporation and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyCorporation; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Corporation would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Corporation on the basis of assets, revenues, time records or allocations and/or other method conforming reasonable metrics, consistent with generally accepted accounting principlespast practice (but solely to the extent such past practice is not inconsistent with the policies of the Adviser). No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred by or allocated to any executive officer or board member controlling person (as defined in the Investment Company Act) of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Investment Corp III), Investment Advisory and Administrative Services Agreement (FS Investment Corp II)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Corporation shall reimburse the Adviser for all expenses of the Company Corporation incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Corporation and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyCorporation; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Corporation would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Corporation on the basis of assets, revenues, time records or allocations and/or other method conforming reasonable metrics consistent with generally accepted accounting principlespast practice (but solely to the extent such past practice is not inconsistent with the policies of the Adviser). No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred by or allocated to any executive officer or board member controlling person (as defined in the Investment Company Act) of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 1 contract
Samples: Investment Advisory and Administrative Services Agreement (FS Investment Corp IV)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, equipment and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 1 contract
Samples: Investment Advisory and Administrative Services Agreement (Chanticleer Dividend Fund, Inc.)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company Corporation shall reimburse the Adviser for all expenses of the Company Corporation incurred by the Adviser as well as the actual cost of goods and services used for or by the Company Corporation and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the CompanyCorporation; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company Corporation would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company Corporation on the basis of assets, revenues, time records or other method conforming with generally accepted accounting principles. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(Ai) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(Bii) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (Gladstone Lending Corp)
Limitations on Reimbursement of Expenses. (i) In addition to the compensation paid to the Adviser pursuant to Section 3, the Company shall reimburse the Adviser for all expenses of the Company incurred by the Adviser as well as the actual cost of goods and services used for or by the Company and obtained from entities not affiliated with the Adviser. The Adviser may be reimbursed for the administrative services performed by it on behalf of the Company; provided, however, the reimbursement shall be an amount equal to the lower of the Adviser’s actual cost or the amount the Company would be required to pay third parties for the provision of comparable administrative services in the same geographic location; and provided, further, that such costs are reasonably allocated to the Company on the basis of assets, revenues, time records or allocations and/or other method conforming with generally accepted accounting principlesreasonable metrics. No reimbursement shall be permitted for services for which the Adviser is entitled to compensation by way of a separate fee. Excluded from the allowable reimbursement shall be:
(A) rent or depreciation, utilities, capital equipment, and other administrative items of the Adviser; and
(B) salaries, fringe benefits, travel expenses and other administrative items incurred or allocated to any executive officer or board member of the Adviser (or any individual performing such services) or a holder of 10% or greater equity interest in the Adviser (or any person having the power to direct or cause the direction of the Adviser, whether by ownership of voting securities, by contract or otherwise).
Appears in 1 contract
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II)