of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act."
Appears in 296 contracts
Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 8 contracts
Samples: Second Supplemental Indenture (Blue Owl Capital Corp II), Third Supplemental Indenture (Trinity Capital Inc.), Supplemental Indenture (Owl Rock Capital Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which the Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(161(a)(2) of the Investment Company Act or any successor provisions thereto thereto, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (Logan Ridge Finance Corp.), Fifth Supplemental Indenture (FIDUS INVESTMENT Corp), Fourth Supplemental Indenture (Capital Southwest Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by such provisions of Section 61(a)(161(a) of the Investment Company Act as may be applicable to the Company from time to time or any successor provisions thereto thereto, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (New Mountain Finance Corp), Supplemental Indenture (OFS Capital Corp), Supplemental Indenture (OFS Capital Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes Securities are Outstanding, the Company will not violate, whether or not it is subject tothereto, Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 4 contracts
Samples: First Supplemental Indenture (Sixth Street Specialty Lending, Inc.), Fourth Supplemental Indenture (Sixth Street Specialty Lending, Inc.), Third Supplemental Indenture (Sixth Street Specialty Lending, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which the Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) of the Investment Company Act as modified by Section 61(a)(1) and (2) of the Investment Company Act or any successor provisions thereto of provisions, as such obligations may be amended or superseded, giving effect to any exemptive relief granted to us by the Investment Company ActSecurities and Exchange Commission."”
Appears in 3 contracts
Samples: First Supplemental Indenture (Barings BDC, Inc.), Supplemental Indenture (FS KKR Capital Corp), Supplemental Indenture (FS KKR Capital Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Actprovisions."”
Appears in 3 contracts
Samples: Third Supplemental Indenture (FS Investment CORP), Second Supplemental Indenture (FS Investment CORP), First Supplemental Indenture (FS Investment CORP)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission (even if the Company is no longer subject to such provisions of the Investment Company Act)."”
Appears in 2 contracts
Samples: First Supplemental Indenture (Solar Capital Ltd.), Supplemental Indenture (Solar Capital Ltd.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act."”
Appears in 2 contracts
Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (MVC Capital, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act as may be applicable to the Company from time to time or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 2 contracts
Samples: Supplemental Indenture (Trinity Capital Inc.), Supplemental Indenture (Trinity Capital Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act as may be applicable to the Company from time to time or any successor provisions thereto thereto, giving effect to any exemptive relief granted to the Company by the Commission (even if the Company is no longer subject to such provisions of the Investment Company Act)."”
Appears in 2 contracts
Samples: Supplemental Indenture (Hercules Capital, Inc.), Fifth Supplemental Indenture (Hercules Capital, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which the Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) of the Investment Company Act as modified by Section 61(a)(1) and (2) of the Investment Company Act or any successor provisions thereto of provisions, as such obligations may be amended or superseded, giving effect to any exemptive relief granted to the Investment Company Actby the Securities and Exchange Commission."”
Appears in 2 contracts
Samples: Supplemental Indenture (FS KKR Capital Corp), Tenth Supplemental Indenture (FS KKR Capital Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 2 contracts
Samples: Second Supplemental Indenture (Oxford Lane Capital Corp.), First Supplemental Indenture (Oxford Lane Capital Corp.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by such provisions of Section 61(a)(161(a) of the Investment Company Act as may be applicable to the Company from time to time or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 2 contracts
Samples: Third Supplemental Indenture (Oxford Square Capital Corp.), Second Supplemental Indenture (Oxford Square Capital Corp.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which the Notes are Outstanding, the Company will not violate, whether or not it is subject tothereto, Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: First Supplemental Indenture (Terra Income Fund 6, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(161(a)(2) of the Investment Company Act or any successor provisions thereto thereto, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: Second Supplemental Indenture (Capital Southwest Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: Third Supplemental Indenture (BlackRock TCP Capital Corp.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of provisions, giving effect to any exemptive relief granted to the Company by the Commission (even if the Company is no longer subject to the Investment Company Act)."”
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Hercules Capital, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstandingoutstanding, the Company will shall not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act Act, as may be applicable to the Company from time to time, or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: Second Supplemental Indenture (Trinity Capital Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which 2026 Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act."”
Appears in 1 contract
Samples: Third Supplemental Indenture (Horizon Technology Finance Corp)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A18(a)(1)(B) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to us by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of 61(a)of the Investment Company Act or any successor provisions thereto of the Investment Company Act, as such obligation may be amended or superseded but giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (regardless of whether or not it the Company is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto as in effect immediately prior to the issuance of the Investment Notes, giving effect to any exemptive relief granted to the Company Actby the Commission."”
Appears in 1 contract
Samples: Second Supplemental Indenture (Newtek Business Services Corp.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which 2022 Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A18(a)(1)(B) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to us by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act of 1940 or any successor provisions thereto of the Investment Company ActAct of 1940, whether or not the Company continues to be subject to such provisions, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that that, for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(161(a) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: Third Supplemental Indenture (Triangle Capital CORP)
of the Investment Company Act. The Company hereby agrees that for the period of time during which 2029 Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(161(a)(2) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, whether or not the Company is subject to such provisions of the Investment Company Act, after giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: First Supplemental Indenture (CION Investment Corp)
of the Investment Company Act. The Company hereby agrees that that, for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect, in either case, to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which the Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(161(a)(2) of the Investment Company Act as may be applicable to the Company from time to time or any successor provisions thereto thereto, whether or not the Company continues to be subject to such provisions of the Investment Company Act, but giving effect to any exemptive relief granted to the Company by the Commission."”
Appears in 1 contract
Samples: Tenth Supplemental Indenture (Saratoga Investment Corp.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, whether or not it is subject to, violate Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act Act, whether or not it is subject to those sections or any successor provisions thereto of the Investment Company Act."”
Appears in 1 contract
of the Investment Company Act. The Company hereby agrees that for the period of time during which Notes are Outstanding, the Company will not violate, violate (whether or not it is subject to, ) Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, giving effect to any exemptive relief granted to the Company by the Commission (even if the Company is no longer subject to such provisions of the Investment Company Act)."”
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Hercules Capital, Inc.)
of the Investment Company Act. The Company hereby agrees that for the period of time during which 2022 Notes are Outstanding, the Company will not violate, whether or not it is subject to, Section 18(a)(1)(A) as modified by Section 61(a)(1) of the Investment Company Act or any successor provisions thereto of the Investment Company Act, in either case, giving effect to any exemptive relief granted to us by the Commission."”
Appears in 1 contract
