Common use of Required Content of Certain Reports Clause in Contracts

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) (i) are Qualified Purchasers who are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and, in either case, are Qualified Purchasers and (b) can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 4 contracts

Samples: Indenture (KCAP Financial, Inc.), Indenture (TICC Capital Corp.), Indenture (TICC Capital Corp.)

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Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that that, (a) in the case of the Secured Notes, (i) are Qualified Purchasers who are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors andand Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in either casethe case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (b) ), can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; , provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 3 contracts

Samples: Indenture (AB Private Credit Investors Corp), Supplemental Indenture (AB Private Credit Investors Corp), Indenture (AB Private Credit Investors Corp)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that are (a) (i) are Qualified Purchasers who that are not U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest outside of the United States in an offshore transaction reliance on Regulation S or (b) both (i) Qualified Institutional Buyers or, solely in the case of Notes issued as defined in Regulation S) or Certificated Notes, Institutional Accredited Investors and (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and, in either case, are Qualified Purchasers and (bor corporations, partnerships, limited liability companies or other entities (other than trusts) can make the representations set forth in Section 2.5 each shareholder, partner, member or other equity owner of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that which is both either a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentencePurchaser). The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 of the Indenture. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 2 contracts

Samples: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that are (a) (i) are Qualified Purchasers who Persons that are not U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest in an offshore transaction in reliance on Regulation S or (b) both (i) Qualified Institutional Buyers or, solely in the case of Notes issued as defined in Regulation S) or Certificated Notes, Institutional Accredited Investors and (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and, in either case, are Qualified Purchasers and (bor corporations, partnerships, limited liability companies or other entities (other than trusts) can make the representations set forth in Section 2.5 of the Indenture which each shareholder, partner, member or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that other equity owner is both either a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentencePurchaser). The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. 2.11 of the Indenture.” “Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Silver Point Specialty Lending Fund), Indenture and Security Agreement (Silver Point Specialty Lending Fund)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note any Debt shall contain, or be accompanied by, the following notices: The Notes Debt may be beneficially owned only by Persons that are (a) (i) are other than with respect to the Subordinated Notes, Qualified Purchasers who that are not U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest outside of the United States in an offshore transaction (as defined in reliance on Regulation S, (b) both (i) Qualified Institutional Buyers or, solely in the case of Notes issued as Certificated Notes, Institutional Accredited Investors and (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser) or (iic) are Qualified Institutional Buyers or Institutional solely in the case of Subordinated Notes issued as Certificated Notes, other Accredited Investors and, in either case, that are Qualified Purchasers and (b) can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit Knowledgeable Employees with respect to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentenceIssuer. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 hereof. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the NotesDebt; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Debt that is permitted by the terms of the Indenture hereof to acquire such holder’s Notes Debt and that agrees to keep such information confidential in accordance with the terms of the Indenturehereof.

Appears in 2 contracts

Samples: Indenture (HPS Corporate Lending Fund), Indenture (HPS Corporate Lending Fund)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Notes shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) in the case of the Secured Notes (i) are Qualified Purchasers who that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors andand Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser) or (b) in either casethe case of the Subordinated Notes, are Qualified Purchasers Institutional Buyers or Accredited Investors and either Qualified Purchasers, Knowledgeable Employees with respect to the Issuer, the Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b) ), can make the representations set forth in Section 2.5 of the this Indenture or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture (Golub Capital BDC 3, Inc.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) (i) are Qualified Purchasers who are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) that are also Qualified Purchasers or (ii) are both (A) (x) Qualified Institutional Buyers or Institutional (y) with the written consent of the Issuer and solely in the case of Non-Clearing Agency Notes, Accredited Investors and(that, in either casethe case of an Individual Accredited Investor, are is also a Knowledgeable Employee) and (B) (x) Qualified Purchasers or (y) with respect to Non-Clearing Agency Notes, Knowledgeable Employees and (b) can make the representations set forth in Section 2.5 (Registration, Registration of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer Transfer and a Qualified Purchaser and that can make the representations referred to in clause (bExchange) of the preceding sentencethis Indenture. The Issuer has the right to compel any Holder or beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 (Non-Permitted Holders). Each holder Holder and beneficial owner receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; , provided that any holder Holder and beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holderXxxxxx’s beneficial owner’s Notes that is permitted by the terms of the this Indenture to acquire such holderXxxxxx’s or beneficial owner’s Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture and Security Agreement (Varagon Capital Corp)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that are Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) of which each shareholder, partner, member or other equity owner is either a Qualified Purchaser and (a) (i) are Qualified Purchasers who in the case of the Secured Notes only, Persons that are not U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest outside of the United States in an offshore transaction (as defined in reliance on Regulation S) S or (iib) are Qualified Institutional Buyers or or, solely in the case of Notes issued as Certificated Notes, Institutional Accredited Investors and, in either case, are Qualified Purchasers and (b) can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentenceInvestors. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. 2.11 of the Indenture.” “Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) in the case of the Notes (i) are Qualified Purchasers who that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and, in either case, are and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser) and (b) can make the representations set forth in Section 2.5 of the this Indenture or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes or Regulation S Global Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Indenture (Golub Capital BDC, Inc.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) are (i) are Qualified Purchasers who are solely in the case of the Secured Notes, not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are both (A) (x) Qualified Institutional Buyers or (y) with the written consent of the Applicable Issuers, Institutional Accredited Investors and, in either case, are and (B) Qualified Purchasers and (b) can make the representations set forth in Section 2.5 (Registration, Registration of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer Transfer and a Qualified Purchaser and that can make the representations referred to in clause (bExchange) of the preceding sentencethis Indenture. The Issuer has the right to compel any Holder or beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 (Non-Permitted Holders). 220 Each holder Holder and beneficial owner receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; , provided that any holder Holder and beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holder’s Xxxxxx's beneficial owner's Notes that is permitted by the terms of the this Indenture to acquire such holder’s Holder's or beneficial owner's Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture (Barings Private Credit Corp)

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Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that : (a1) accredited investors meeting the requirements of Rule 501(a)(1), (i) are Qualified Purchasers who are not U.S. persons 2), (within the meaning of Regulation S under the United States Securities Act of 19333), as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S7) or (ii8) under the Securities Act (“Accredited Investors”) are and (2) Qualified Institutional Buyers Purchasers or Institutional Accredited Investors and, in either case, are entities owned exclusively by Qualified Purchasers and (b) can make the representations set forth in Section 2.5 of the Indenture 2.6 or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence such clauses to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. 2.12.” “The Issuer directs that the recipient of this notice, and any recipient of a copy of this notice, provide a copy to any Person having an interest in this Note as indicated on the books of DTC or on the books of a participant in DTC or on the books of an indirect participant for which such participant in DTC acts as agent.” “Each holder Holder or beneficial owner of Notes receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided provided, that any holder such Holder or beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holderHolder’s or beneficial owner’s Notes that is permitted by the terms of the Indenture to acquire such holderHolder’s or beneficial owner’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Indenture (Bain Capital Specialty Finance, Inc.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that : (a1) institutional accredited investors meeting the requirements of Rule 501(a)(1), (i) are Qualified Purchasers who are not U.S. persons 2), (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S3) or (ii7) are under the Securities Act ("IAIs") and (2) Qualified Institutional Buyers or Institutional Purchasers and (C) (in the case Certificated Subordinated Notes only), (1) Accredited Investors andwho are also Qualified Purchasers or (2), in either casethe case of subsequent transfers only, accredited investors meeting the requirements of Rule 501(a) under the Securities Act who are also Qualified Purchasers and (b) can make the representations set forth in Section 2.5 of the Indenture 2.6 or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence such clauses to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12. Each holder Holder or beneficial owner of a Note receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the NotesNote; provided that any holder such Holder or beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holder’s Holder's or beneficial owner's Notes that is permitted by the terms of the this Indenture to acquire such holder’s Holder's or beneficial owner's Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture (JMP Group LLC)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (ai) (i1) are Qualified Purchasers who are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in compliance with Regulation S) S or (ii2) are Qualified Institutional Buyers or Institutional Accredited Investors (or, solely in the case of the Notes issued in the form of Certificated Notes, IAIs) and, in either each case, are Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser) and (bii) in the case of clause (i), can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in clause (i) in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that that, any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture (Apollo Debt Solutions BDC)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that that, (a) in the case of the Secured Notes, (i) are Qualified Purchasers who are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors andand Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in either casethe case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (b) ), can make the representations set forth in Section 2.5 of the Indenture or the appropriate Exhibit to the this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; , provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s 's Notes that is permitted by the terms of the this Indenture to acquire such holder’s 's Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Garrison Capital Inc.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that are (a) (i) are Qualified Purchasers who Persons that are not U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest outside of the United States in an offshore transaction reliance on Regulation S or (b) both (i) Qualified Institutional Buyers or, solely in the case of Notes issued as defined in Regulation S) or Certificated Notes, Institutional Accredited Investors and (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and, in either case, are Qualified Purchasers and (bor corporations, partnerships, limited liability companies or other entities (other than trusts) can make the representations set forth in Section 2.5 of the Indenture which each shareholder, partner, member or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that other equity owner is both either a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentencePurchaser). The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. 2.11 of the Indenture.” “Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of the this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Indenture (PennantPark Floating Rate Capital Ltd.)

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that (a) are (i) are Qualified Purchasers who are solely in the case of the Secured Notes, not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are both (A) (x) Qualified Institutional Buyers or (y) with the written consent of the Applicable Issuers, Institutional Accredited Investors and, in either case, are and (B) Qualified Purchasers and (b) can make the representations set forth in Section 2.5 (Registration, Registration of the Indenture or the appropriate Exhibit to the Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer Transfer and a Qualified Purchaser and that can make the representations referred to in clause (bExchange) of the preceding sentencethis Indenture. The Issuer has the right to compel any Holder or beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 (Non-Permitted Holders). Each holder Holder and beneficial owner receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes; , provided that any holder Holder and beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holder’s Xxxxxx's beneficial owner's Notes that is permitted by the terms of the this Indenture to acquire such holder’s Holder's or beneficial owner's Notes and that agrees to keep such information confidential in accordance with the terms of the this Indenture.

Appears in 1 contract

Samples: Indenture (Barings Private Credit Corp)

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