Common use of Upon the commencement of the Offering Clause in Contracts

Upon the commencement of the Offering. the Corporation will be a non-diversified, closed-end management investment company that has elected to be treated as a business development company (“BDC”) under the Investment Company Act of 1940, as amended, (the “Investment Company Act”), and has not withdrawn such election, and the SEC has not ordered that such election be withdrawn nor to the Corporation’s knowledge have proceedings to effectuate such withdrawal been initiated or threatened by the SEC.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Freedom Capital Corp/Md), Dealer Manager Agreement (Freedom Capital Corp/Md)

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Upon the commencement of the Offering. the Corporation will be a non-diversified, closed-end management investment company that has elected to be treated as a business development company (“BDC”) under the Investment Company Act of 1940, as amended, amended (the “Investment Company Act”), and has not withdrawn such election, and the SEC has not ordered that such election be withdrawn nor to the Corporation’s knowledge have proceedings to effectuate such withdrawal been initiated or threatened by the SEC.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Owl Rock Capital Corp II), Dealer Manager Agreement (Owl Rock Capital Corp II)

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Upon the commencement of the Offering. the Corporation Company will be a non-diversified, closed-end management investment company that has elected to be treated as a business development company (“BDC”) under the Investment Company Act of 1940, as amended, (the “Investment Company Act”), and has not withdrawn such election, and the SEC Commission has not ordered that such election be withdrawn nor to the CorporationCompany’s knowledge have proceedings to effectuate such withdrawal been initiated or threatened by the SECCommission.

Appears in 1 contract

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

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