Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 68,650,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 150,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 400,000,000 plus the sum of (a) 50% of the first $100,000,000 of any net proceeds from the Borrower’s initial public offering plus (b) 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (including any net proceeds from the Borrower’s initial public offering in excess of $100,000,000), other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 70% of Shareholders’ Equity as of the Effective Date, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 the greater of (i) 40% of the value of the assets of the Borrower and its Subsidiaries and (ii) 75% of Shareholders’ Equity, determined as of the Effective Date, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 302,700,000 plus 2565% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries Company after the Ninth Amendment Effective Date first Closing (other than excluding (i) proceeds of sales of Equity Interests by and among the Borrower Company and its SubsidiariesSubsidiaries and (ii) issuances on account of any convertible debt).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 100,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (including, without limitation, any drawings on the capital commitments of its equity holders after the Effective Date) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fourth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 2,700,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 313,950,000, plus 2550% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 17,000,000, plus 2550% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 65% of Shareholders’ Equity as of the Effective Date, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries or (y) any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greatest of (a) $500,000,000 plus 2580 million, (b) 40% of the total Assets, less all liabilities and Indebtedness of the Obligors on a consolidated basis and (c) (i) 75% of the net proceeds from the Borrower’s initial public offering plus (ii) 50% of the net proceeds from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 475,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 290,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 800,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Sixth Amendment Effective Date (Date, other than (i) proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries), and (ii) proceeds of any distribution or dividend reinvestment plan.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 429,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 205,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after August 23, 2012 (including, without limitation, any drawings on the Ninth Amendment Effective Date capital commitments of its equity holders) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fourth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 2,900,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date March 31, 2023 (other than proceeds of sales any distribution or dividend reinvestment plan) less the aggregate amount of Equity Interests by and among of the Borrower and its Subsidiaries)redeemed, bought back or purchased by the Borrower after March 31, 2023.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 300,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 375,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fourth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 3,600,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date March 31, 2024 (other than proceeds of sales any distribution or dividend reinvestment plan) less the aggregate amount of Equity Interests by and among of the Borrower and its Subsidiaries)redeemed, bought back or purchased by the Borrower after March 31, 2024.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 290,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).. 106 Second Amended and Restated Revolving Credit Agreement

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 2,600,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 100,000,000450,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Third Amendment Effective Date (including, without limitation, any drawings on the capital commitments of its equity holders after the Third Amendment Effective Date) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 4,000,000,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fifth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 1,400,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 230,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Original Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 560,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 350,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 3,900,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)March 30, 2018.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 550,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Eighth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last calendar day of any fiscal quarter of the Borrower to be less than $500,000,000 60% of the Net Asset Value as of the fiscal year ended December 31, 2020 plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Closing Date (other than excluding (i) proceeds of sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries and (ii) issuances on account of any convertible debt).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 173,255,660 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date June 30, 2023 (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).”

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) 70% of Shareholders’ Equity as at the Effective Date plus 2537.5% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ ' Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 120,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries Company (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Closing Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 4,000,000,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Seventh Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Sixth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 742,630,200 plus 2550% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries or (y) any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 2,150,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date March 31, 2021 (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiariesany distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 4,000,000,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Sixth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 350,724,952 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 1,000,000,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Second Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ ' Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 300,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the sum of (i) $500,000,000 113,000,000 plus (ii) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiariesany distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 1,500,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests any distribution or dividend reinvestment plan) less the amount paid or distributed by and among the Borrower and to purchase its Subsidiaries)shares of common stock in connection with a Tender Offer.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 800,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Sixth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 30% of the value of the assets of the Borrower and its Subsidiaries and (ii) $500,000,000 1,000,000,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth First Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 975,000,000 plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 498,080,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than an amount equal to the sum of (x) $500,000,000 3,700,000,000 plus (y) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiariesany distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the sum of (i) $500,000,000 113,000,000156,000,000 plus (ii) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Ninth Second Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiariesany distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 650,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fifteenth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 205,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (including, without limitation, any drawings on the capital commitments of its equity holders) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 429,000,000 $946,600,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fourth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date October 17, 2014 (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 450,000,000625,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth ThirdFourth Amendment Effective Date (including, without limitation, any drawings on the capital commitments of its equity holders after the ThirdFourth Amendment Effective Date) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 100,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 400,000,000725,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit its Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than an amount equal to the sum of (x) $500,000,000 3,700,000,0003,900,000,000 plus (y) 25% of the net cash proceeds of the sale of Equity Interests by of the Borrower and its Subsidiaries after the Ninth First Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiariesany distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 262,752,100 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries or (y) any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than (i) $500,000,000 1,100,000,000, plus (ii) 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth First Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 500,000,000650,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth NinthFifteenth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 273,844,350 plus 25% of the net proceeds Net Cash Proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries and (y) deemed received in connection with any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 1,100,296,600 plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds plus, following the FBCC Merger, 65% of sales shareholders’ equity of Equity Interests by and among FBCC immediately prior to the Borrower and its Subsidiaries)consummation of the FBCC Merger, as of the date of effectiveness of the FBCC Merger.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 2,700,000,000 plus 65% of the initial value of the Equity Interests issued by the Borrower as consideration for the Acquisition plus 25% of the net proceeds of the sale of Equity Interests (excluding Equity Interests issued as consideration for the Acquisition) by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 1,500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 400,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 400,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 33% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 650,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Fifth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 21,700,000,000 plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date March 31, 2024 (other than proceeds of sales of Equity Interests any distribution or dividend reinvestment plan) less the amount paid or distributed by and among the Borrower and to purchase its Subsidiaries).shares of common stock in connection with a 156 [[6408684]]

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 40% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 350,724,952400,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment RestatementAmendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than three- hundred and sixty million Dollars ($500,000,000 360,000,000.00), plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries and (y) deemed received in connection with any distribution or dividend reinvestment plan).. (b) [reserved]. (c)

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 75% of Shareholders’ Equity, determined as of the Effective Date, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 245,237,653 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than three-hundred and sixty million Dollars ($500,000,000 360,000,000.00), plus 25% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds (x) of sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries and (y) deemed received in connection with any distribution or dividend reinvestment plan).. (b) [reserved]. (c)

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 60% of Shareholders’ Equity at the last day of the prior fiscal quarter of the Company plus 25% of the net proceeds of the sale of Equity Interests by the Borrower Company and its Subsidiaries after in the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)prior fiscal quarter.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Seventh Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 3,900,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Restatement Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than (x) prior to the Borrower Merger Date, $500,000,000 and (y) on or after the Borrower Merger Date, $800,000,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Sixth Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 195,144,000, plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries Company after the Ninth Amendment Effective Date December 4, 2020 (other than proceeds of sales of Equity Interests by and among the Borrower Company and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less 701007202 11262547 90 Revolving Credit Agreement than $500,000,000 220,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)1,000,000,000.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity not, at the last day end of any fiscal quarter of quarter, permit the Borrower Shareholders Equity to be less than the sum of (a) $500,000,000 35,000,000 plus 25% (b) eighty percent (80%) of the net proceeds of the sale of from any Equity Interests by the Borrower and its Subsidiaries Offering after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Closing Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 769,772,821, plus 2550% of the net cash proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of (x) sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries or (y) any distribution or dividend reinvestment plan).

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries Company (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the Ninth Amendment Effective Closing Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than the greater of (i) 33% of the total assets of the Borrower and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $500,000,000 550,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries)Date.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than (i) $500,000,000 356,000,000, plus (ii) 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower Company to be less than $500,000,000 705,692,650 plus 2565% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries Company (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the Ninth Amendment Effective Date (other than proceeds date of sales of Equity Interests by and among the Borrower and its Subsidiaries)First Closing.

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 34,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (including, without limitation, any drawings on the capital commitments of its equity holders after the Effective Date) (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 560,000,000832,750,000 plus 25% of the net proceeds of from the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth First Amendment Effective Date (Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last calendar day of any fiscal quarter of the Borrower to be less than $500,000,000 60% of the Net Asset Value as of the fiscal year ended December 31, 2021 plus 2550% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Closing Date (other than excluding (i) proceeds of sales of Equity Interests by and among the Borrower and its SubsidiariesSubsidiaries and (ii) issuances on account of any convertible debt).

Minimum Shareholders’ Equity. The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $500,000,000 [105,000,000] plus 25% of the net proceeds of the sale of Equity Interests by the Borrower and its Subsidiaries after the Ninth Amendment Effective Date (other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries).