Common use of Other Prohibited Legal Consequences Clause in Contracts

Other Prohibited Legal Consequences. No Transfer shall be permitted, and the Company shall withhold its consent with respect thereto, if such Transfer or the admission of the transferee to the Company as a substituted Member, would: (a) Result in the Company’s assets becoming “plan assets” of any ERISA Member within the meaning of the Plan Assets Regulation; (b) Result in the violation of applicable securities law; or (c) Result in the Company no longer being eligible to be treated as a BDC or a RIC. In addition, in the case of a purported Transfer of an interest in the Company to or from any resident in Japan (which term as used herein means any person resident in Japan, including any corporation or other entity organized under the laws of Japan), (A) if the transferor is a “Qualified Institutional Investor” (a “QII”) as such term is defined in the Financial Instruments and Exchange Law of Japan (the “FIEL”), such interest shall not be transferred to a Person that is not a QII; (B) if the transferor is not a QII, such interest shall not be transferred to a Person unless such transferor Transfers its entire interest in the Company to a single investor who is an eligible non-QII investor as defined in the FIEL; and (C) such interest shall not be transferred to a Person that is set forth in sub-items (a)-(c) of article 63, paragraph 1, item 1 of the FIEL.

Other Prohibited Legal Consequences. No Transfer shall be permitted, and the Company shall withhold its consent with respect thereto, if such Transfer or the admission of the transferee to the Company as a substituted Member, would: (a) Result in the Company’s assets becoming “plan assets” of any ERISA Member within the meaning of the Plan Assets Regulation; (b) Result in the violation of applicable securities law; or (c) Result in the Company no longer being eligible to be treated as a BDC or a RIC. In addition, in the case of a purported Transfer of an interest in the Company to or from any resident in Japan (which term as used herein means any person Person resident in Japan, including any corporation or other entity organized under the laws of Japan), (A) if the transferor is a “Qualified Institutional Investor” (a “QII”) as such term is defined in the Financial Instruments and Exchange Law of Japan (the “FIEL”), such interest shall not be transferred to a Person that is not a QII; (B) if the transferor is not a QII, such interest shall not be transferred to a Person unless such transferor Transfers its entire interest in the Company to a single investor who is an eligible non-QII investor as defined in the FIEL; and (C) such interest shall not be transferred to a Person that is set forth in sub-items (a)-(c) of article 63, paragraph 1, item 1 of the FIEL.

Other Prohibited Legal Consequences. No Transfer shall be permitted, and the Company shall withhold its consent with respect thereto, if such Transfer or the admission of the transferee to the Company as a substituted Member, would: (a) Result in the Company’s assets becoming “plan assets” of any ERISA Member within the meaning of the Plan Assets Regulation; (b) Result in the violation of applicable securities law; or (cb) Result in the Company no longer being eligible to be treated as a BDC or a RIC. In addition, in the case of a purported Transfer of an interest in the Company to or from any resident in Japan (which term as used herein means any person Person resident in Japan, including any corporation or other entity organized under the laws of Japan), (A) if the transferor is a “Qualified Institutional Investor” (a “QII”) as such term is defined in the Financial Instruments and Exchange Law of Japan (the “FIEL”), such interest shall not be transferred to a Person that is not a QII; (B) if the transferor is not a QII, such interest shall not be transferred to a Person unless such transferor Transfers its entire interest in the Company to a single investor who is an eligible non-QII investor as defined in the FIEL; and (C) such interest shall not be transferred to a Person that is set forth in sub-items (a)-(c) of article 63, paragraph 1, item 1 of the FIEL.

Other Prohibited Legal Consequences. No Transfer shall be permitted, and the Company shall withhold its consent with respect thereto, if such Transfer or the admission of the transferee to the Company as a substituted Member, would:: Confidential (a) Result in the Company’s assets becoming “plan assets” of any ERISA Member within the meaning of the Plan Assets Regulation; (b) Result in the violation of applicable securities law; or (c) Result in the Company no longer being eligible to be treated as a BDC or a RIC. In addition, in the case of a purported Transfer of an interest in the Company to or from any resident a “Resident” (as such term is defined in Japan (which term as used herein means any person resident in the Foreign Exchange and Foreign Trade Law of Japan, including any corporation as amended or other entity organized under the laws renamed) of Japan), (A) if the transferor is a “Qualified Institutional Investor” (a “QII”) as such term is defined in the Financial Instruments and Exchange Law of Japan (the “FIEL”), such interest shall not be transferred to a Person that is not a QII; (B) if the transferor is not a QII, such interest shall not be transferred to a Person unless such transferor Transfers its entire interest in the Company to a single investor who is an eligible non-QII investor as defined in the FIELinvestor; and (C) such interest shall not be transferred to a Person that is set forth in sub-items (a)-(c) of article 63, paragraph 1, item 1 of the FIEL.