Common use of Prohibited Categories Clause in Contracts

Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.

Appears in 8 contracts

Samples: Subscription Agreement (AGL Private Credit Income Fund LP), Subscription Agreement (Overland Advantage), Subscription Agreement (Overland Advantage)

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Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company 1940 Act; (ii) has not elected to be regulated as a business development company under the Investment Company Actcompany; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company 1940 Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.

Appears in 1 contract

Samples: Subscription Agreement (Muzinich Corporate Lending Income Fund, Inc.)

Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.. ​ ​ ​ ​

Appears in 1 contract

Samples: Subscription Agreement (Stone Point Credit Corp)

Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company company” under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a company that has elected to be regulated as a business development companycompany under the Investment Company Act.

Appears in 1 contract

Samples: Transfer Agreement (Muzinich & Co., Inc.)

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Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company BDC under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development companyBDC.

Appears in 1 contract

Samples: Subscription Agreement (Comvest Credit Partners BDC Fund, L.P.)

Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company BDC under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development companyBDC.

Appears in 1 contract

Samples: Subscription Agreement (Stone Point Credit Income Fund)

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