Common use of Special Treatment of Contributions Made by a Later-Closing Investor Clause in Contracts

Special Treatment of Contributions Made by a Later-Closing Investor. (a) True-Up Contributions may be retained by the Company and used for any Company purpose or if at any time the Company determines that because of the True-Up Contributions it has excess cash on hand, the Company may distribute that excess cash among all the Common Unitholders in accordance with 7.1.1. As provided in 6.1.1, any distribution of True-Up Contributions will be treated as a return of previously made capital contributions in respect of the Common Units and, consequently, will correspondingly increase the Undrawn Commitment of the Common Units. (b) As provided in 6.1.1, Earnings Balancing Contributions and Late-Closer Contributions will not reduce the Undrawn Commitment of the associated Common Units and, as set forth in the Advisory Agreement, will not be treated as capital contributions for purposes of calculating the Incentive Fee. Earnings Balancing Contributions received by the Company will not be treated as amounts distributed to Common Unitholders for purposes of calculating the Incentive Fee. (c) The Company shall specially distribute Late-Closer Contributions made with respect to Common Units that are issued on a particular closing date to the Common Unitholders that were issued Common Units prior to such closing date pro rata based on the number of Common Units held by such Common Unitholders immediately prior to such closing date. If necessary in order to cause the Company to maintain its status as a RIC, or in order to comply with tax, regulatory or other requirements, the Company shall increase the amount of Late-Closer Contributions that a Later-Closing Investor is required to make pursuant to 3.3.1(c), but only if the increased amount is distributed to such Later-Closing Investor (i.e., so the net Late-Closer Contribution made and distributed to other Common Unitholders is the same as the amount described in 3.3.1(c)). As set forth in the Advisory Agreement, the special distribution of Late-Closer Contributions will not be treated as an amount distributed to the Common Unitholders for purposes of calculating the Incentive Fee.

Special Treatment of Contributions Made by a Later-Closing Investor. (a) True-Up Contributions may be retained by the Company and used for any Company purpose or if at any time the Company determines that because of the True-Up Contributions it has excess cash on hand, the Company may distribute that excess cash among all the Common Unitholders in accordance with 7.1.1. As provided in 6.1.1, any distribution of True-Up Contributions will be treated as a return of previously made capital contributions in respect of the Common Units and, consequently, will correspondingly increase the Undrawn Commitment of the Common Units. (b) As provided in 6.1.1, Earnings NAV Balancing Contributions and Late-Closer Contributions will not reduce the Undrawn Commitment of the associated Common Units and, as set forth in the Advisory Agreement, will not be treated as capital contributions for purposes of calculating the Incentive Fee. Earnings NAV Balancing Contributions received by the Company will not be treated as amounts distributed to Common Unitholders for purposes of calculating the Incentive Fee. (c) The Company shall specially distribute Late-Closer Contributions made with respect to Common Units that are issued on a particular closing date to the Common Unitholders that were issued Common Units prior to such closing date pro rata based on the number of Common Units held by such Common Unitholders immediately prior to such closing date. If necessary in order to cause the Company to maintain its status as a RIC, or in order to comply with tax, regulatory or other requirements, the Company shall increase the amount of Late-Closer Contributions that a Later-Closing Investor is required to make pursuant to 3.3.1(c), but only if the increased amount is distributed to such Later-Closing Investor (i.e., so the net Late-Closer Contribution made and distributed to other Common Unitholders is the same as the amount described in 3.3.1(c)). As set forth in the Advisory Agreement, the special distribution of Late-Closer Contributions will not be treated as an amount distributed to the Common Unitholders for purposes of calculating the Incentive Fee.

Special Treatment of Contributions Made by a Later-Closing Investor. (a) True-Up Contributions may will be retained by the Company and used for any Company purpose or if at any time until the end of the Closing Period. If following the end of the Closing Period the Company determines that because of the True-Up Contributions it has excess cash on hand, the Company may distribute that excess cash among all the Common Unitholders in accordance with 7.1.1. As provided in 6.1.1, any distribution of True-Up Contributions will be treated as a return of previously made capital contributions in respect of the Common Units and, consequently, will correspondingly increase the Undrawn Commitment of the Common Units. (b) As provided in 6.1.1, Earnings Balancing Contributions and Late-Closer Contributions will not reduce the Undrawn Commitment of the associated Common Units and, as set forth in the Advisory Agreement, will not be treated as capital contributions for purposes of calculating the Incentive Fee. Earnings Balancing Contributions received by will be treated in the Company same manner as interest proceeds on the Company’s investments and, as a result, when and if distributed, will not be treated as amounts distributed to Common Unitholders for purposes distributions that will be taken into account in the calculation of calculating the Incentive Fee. (c) The Company shall specially distribute Late-Closer Contributions made with respect to Common Units that are issued on a particular closing date to the Common Unitholders that were issued Common Units prior to such closing date pro rata based on the number of Common Units held by such Common Unitholders immediately prior to such closing date. If necessary in order to cause the Company to maintain its status as a RIC, or in order to comply with tax, regulatory or other requirements, the Company shall increase the amount of Late-Closer Contributions that a Later-Closing Investor is required to make pursuant to 3.3.1(c), but only if the increased amount is distributed to such Later-Closing Investor (i.e., so the net Late-Closer Contribution made and distributed to other Common Unitholders is the same as the amount described in 3.3.1(c)). As set forth in the Advisory Agreement, the special distribution of Late-Closer Contributions will not be treated as an amount distributed to the Common Unitholders for purposes of calculating the Incentive Fee.