Common use of Status of RIC and BDC Clause in Contracts

Status of RIC and BDC. The Borrower shall at all times maintain its status as a “business development company” under the Investment Company Act. The Borrower will elect to be treated as a RIC commencing with its taxable year ending December 31, 2013, and will at all times beginning in that taxable year and thereafter continue to be treated as a RIC.

Status of RIC and BDC. The Borrower shall at all times maintain its status as (a) a “business development company” under the Investment Company Act. The Borrower will elect Act and, (b) upon electing RIC treatment with respect to be treated as a RIC commencing with its the taxable year ending December 31, 20132023, a RIC under the Code. The Borrower shall remain an externally managed business development company and will at shall ensure that (x) the Management Agreement complies with all times beginning in that taxable year applicable regulatory requirements of the Investment Company Act and thereafter continue to be treated as a RIC(y) the Investment Advisor maintain its registration under and compliance with the Investment Advisers Act of 1940.

Status of RIC and BDC. The Borrower shall at all times maintain its status as a “business development company” under the Investment Company Act. The Borrower will elect has elected to be treated as a RIC commencing with its taxable year ending December 31, 20132017, and will at all times beginning in that taxable year and thereafter continue to be treated as a RIC.

Status of RIC and BDC. The Borrower shall at all times maintain its status as a “business development company” under the Investment Company Act. The Borrower will elect to be treated as a RIC commencing with its taxable year ending December 31, 20132017, and will at all times beginning in that taxable year and thereafter continue to be treated as a RIC.

Status of RIC and BDC. The Borrower shall at all times maintain its status as a “business development company” under the Investment Company 1940 Act. The Borrower will elect has elected to be treated as a RIC commencing with its taxable year ending December 31, 20132015, and will at all times beginning in that taxable year and thereafter continue to be treated as a RIC. The Borrower will at all times to, subject to Section 851(d) of the Code and applicable grace periods, set forth in the Code, comply with the portfolio diversification requirements set forth in the Code applicable to RICs, to the extent applicable.