Common use of Treatment and Tax Certification Clause in Contracts

Treatment and Tax Certification. (a) Each Holder (including, for purposes of this Section 2.12, any beneficial owner of an interest in a Note) of a Secured Note represents and agrees to treat the Secured Notes as indebtedness for U.S. federal, state and local income and franchise tax purposes, except as otherwise required by law.

Appears in 3 contracts

Samples: Indenture (GOLUB CAPITAL BDC, Inc.), Indenture (GOLUB CAPITAL INVESTMENT Corp), Indenture (GOLUB CAPITAL BDC, Inc.)

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Treatment and Tax Certification. (a) Each Holder (including, for purposes of this Section 2.12, any beneficial owner of an interest in a NoteNotes) of a Secured Note represents and Notes agrees to treat the Secured Notes as indebtedness for U.S. federal, state and local income and franchise tax purposes, except as otherwise required by law.

Appears in 2 contracts

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

Treatment and Tax Certification. (a) Each Holder (includingwhich includes, for purposes of this Section 2.12, any beneficial owner of an interest in a Note) of a Secured Note represents (or any interest therein) will be deemed to have represented and agrees agreed to treat the Secured Notes as indebtedness for U.S. federal, state and local income and franchise tax purposes, except as otherwise required by law.

Appears in 2 contracts

Samples: Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp)

Treatment and Tax Certification. (a) Each Holder (including, for purposes of this Section 2.12, any and each beneficial owner of Secured Notes, by acceptance of such Notes or an interest in a Note) of a Secured Note represents such Notes shall be deemed to have agreed, to treat, and agrees to treat shall treat, the Secured Notes as indebtedness debt for all U.S. federalfederal and to the extent permitted by law, state and local income and franchise tax purposes, except to the extent such Secured Notes are treated as outstanding for such purposes, unless otherwise required by lawany relevant taxing authority.

Appears in 2 contracts

Samples: Indenture and Security Agreement (Blue Owl Capital Corp), Indenture and Security Agreement (Owl Rock Capital Corp)

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Treatment and Tax Certification. (a) Each Holder (including, for purposes of this Section 2.12, any beneficial owner of an interest in a Note) of a Secured Note represents (or any interest therein) will be deemed to have represented and agrees agreed to treat the Secured Notes as indebtedness for U.S. federal, state and local income and franchise tax purposes, except as otherwise required by law.

Appears in 2 contracts

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

Treatment and Tax Certification. (a) Each Holder of a Secured Note (including, for purposes of this Section 2.12, any a beneficial owner of an interest in a Notetherein) of agrees, or by acquiring a Secured Note represents and agrees (or an interest therein) will be deemed to agree, to treat the any such Secured Notes as indebtedness and the Subordinated Notes as equity for U.S. federal, state and local income and franchise tax purposes, except as otherwise required by law.

Appears in 1 contract

Samples: MidCap Financial Investment Corp

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