Common use of Responsibilities of Adviser Clause in Contracts

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Morgan Stanley Direct Lending Fund), Investment Advisory Agreement (Morgan Stanley Direct Lending Fund), Investment Advisory Agreement (LGAM Private Credit LLC)

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Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain retain, or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viiivii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Sierra Income Corp), Agreement and Plan of Merger (Medley Capital Corp), Merger Agreement (Medley Capital Corp)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain retain, or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viiivii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultationguidance.

Appears in 6 contracts

Samples: Investment Advisory Agreement (CION Investment Corp), Investment Advisory Agreement (CION Investment Corp), Investment Advisory and Administrative Services Agreement (Yorke Capital Corp)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viiivii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Corporate Capital Trust, Inc.), Investment Advisory Agreement (Corporate Capital Trust, Inc.), Investment Advisory Agreement (Corporate Capital Trust, Inc.)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, negotiate and restructure debt as may be necessary, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain retain, or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viiivii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 3 contracts

Samples: Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain retain, or sell; (vi) arrange financings and borrowing facilities for investment purposes for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Corporate Capital Trust II), Investment Advisory Agreement (Corporate Capital Trust II)

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Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, shall during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain retain, or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viiivii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 1 contract

Samples: Investment Advisory Agreement (Corporate Capital Trust II)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the CompanyFund’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the CompanyFund; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the CompanyFund’s investments; (v) determine the securities and other assets that the Company Fund shall purchase, retain or sell; (vi) arrange financings and borrowing facilities for the CompanyFund; (vii) provide the Company Fund with such other investment advisory, research and related services as the Company Fund may, from time to time, reasonably require for the investment of its funds; and (viii) to the extent permitted under the 1940 Act and the Advisers Act, on the CompanyFund’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company Fund is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the CompanyFund’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation.

Appears in 1 contract

Samples: Investment Advisory Agreement (Stone Point Credit Income Fund)

Responsibilities of Adviser. Without limiting the generality of the foregoing, the Adviser shall, during the term and subject to the provisions of this Agreement: (i) determine the composition and allocation of the Company’s investment portfolio, the nature and timing of any changes therein and the manner of implementing such changes; (ii) identify, evaluate and negotiate the structure of the investments made by the Company; (iii) perform due diligence on prospective portfolio companies; (iv) execute, close, service and monitor the Company’s investments; (v) determine the securities and other assets that the Company shall purchase, retain or sell; (vi) arrange financings and borrowing facilities for the Company; (vii) provide the Company with such other investment advisory, research and related services as the Company may, from time to time, reasonably require for the investment of its funds; and (viii) to the extent permitted under the 1940 Act and the Advisers Act, on the Company’s behalf, and in coordination with any Sub-Adviser (as defined below) and any administrator, provide significant managerial assistance to those portfolio companies to which the Company is required to provide such assistance under the 1940 Act, including utilizing appropriate personnel of the Adviser to, among other things, monitor the operations of the Company’s portfolio companies, participate in board and management meetings, consult with and advise officers of portfolio companies and provide other organizational and financial consultation. In addition, to the extent it is necessary for the Company to be operated as a “venture capital operating company” under Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Company will obtain direct contractual rights to substantially participate in, or substantially influence, the conduct of the management of an operating company; and in the ordinary course of its business, actually exercises such management rights with respect to one or more of the operating companies in which it invests.

Appears in 1 contract

Samples: Investment Advisory Agreement (Kayne Anderson BDC, LLC)

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