Common use of Status of the Fund Clause in Contracts

Status of the Fund. The Fund intends to make an election to be classified as a corporation for U.S. federal income tax purposes (a “Corporation”) and to be regulated as a business development company and intends to elect to be treated and is authorized to take any such action as it determines necessary to qualify annually (including investing in a Portfolio Company through a Corporation), as a regulated investment company within the meaning of Section 851 of the Code.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (New Mountain Guardian IV BDC, L.L.C.), Limited Liability Company Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Limited Liability Company Agreement (New Mountain Guardian III BDC, L.L.C.)

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Status of the Fund. The Fund intends to make an election to be classified as a corporation for U.S. federal income tax purposes (a “Corporation”) and to be regulated as a business development company and intends to elect to be treated and is authorized to take any such action as it determines necessary to qualify annually (including investing in a Portfolio Company through a Corporation), as a regulated investment company within the meaning of Section 851 of the Code.. ARTICLE II

Appears in 1 contract

Samples: Limited Liability Company Agreement (New Mountain Guardian IV Income Fund, L.L.C.)

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