Common use of Minimum Shareholders’ Equity Clause in Contracts

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company 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) $400,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries after the date of the Closing.

Appears in 1 contract

Samples: Note Purchase Agreement (BlackRock Kelso Capital CORP)

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Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company 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) $400,000,000 705,692,650 plus 2565% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the date of the First Closing.

Appears in 1 contract

Samples: Purchase Agreement (Hercules Capital, Inc.)

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 4060% of the total assets of the Company and its Subsidiaries as Shareholders’ Equity at the last day of such the prior fiscal quarter (determined on a consolidated basis, without duplication, in accordance with GAAP) and (ii) $400,000,000 of the Company plus 25% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries Subsidiaries, after the date of the Closing, in the prior fiscal quarter.

Appears in 1 contract

Samples: Note Purchase Agreement (Silver Point Specialty Lending Fund)

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis$190,710,000 million, without duplication, in accordance with GAAP) and (ii) $400,000,000 plus 2550% of the net proceeds of the sale of Equity Interests by the Company after August 7, 2018 (other than proceeds of sales of Equity Interests by and among the Company and its Subsidiaries after the date of the ClosingSubsidiaries).

Appears in 1 contract

Samples: Defined Terms (WhiteHorse Finance, Inc.)

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company 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) $400,000,000 500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the date of the ClosingClosing Date .

Appears in 1 contract

Samples: Purchase Agreement (North Haven Private Income Fund LLC)

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Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basis$195,144,000, without duplication, in accordance with GAAP) and (ii) $400,000,000 plus 2550% of the net proceeds of the sale of Equity Interests by the Company after December 4, 2020 (other than proceeds of sales of Equity Interests by and among the Company and its Subsidiaries after the date of the ClosingSubsidiaries).

Appears in 1 contract

Samples: WhiteHorse Finance, Inc.

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last calendar day of any fiscal quarter of the Company to be less than the greater of (i) 4060% of the total assets Net Asset Value as of the Company and its Subsidiaries as at the last day of such fiscal quarter (determined on a consolidated basisyear ended December 31, without duplication, in accordance with GAAP) and (ii) $400,000,000 2020 plus 2550% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries after the date Closing (excluding (i) proceeds of sales of Equity Interests among the ClosingCompany and its Subsidiaries and (ii) issuances on account of any convertible debt).

Appears in 1 contract

Samples: Note Purchase Agreement (CION Investment Corp)

Minimum Shareholders’ Equity. The Company will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Company to be less than the greater of (i) 40% of the total assets of the Company 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) $400,000,000 500,000,000 plus 25% of the net proceeds of the sale of Equity Interests by the Company and its Subsidiaries (excluding issuances pursuant to any equity or compensation plan or on account of any convertible debt) after the date of the ClosingClosing Date.

Appears in 1 contract

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC)

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