VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (i) a “venture capital operating company” under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (ii) a “business development company” under the provisions of federal Investment Company Act of 1940, as amended; and (iii) a “regulated investment company” under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 12 contracts
Samples: Loan and Security Agreement (Innventure, Inc.), Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Eyenovia, Inc.)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (iA) a “venture capital operating company” under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (iiB) a “business development company” under the provisions of federal Investment Company Act of 1940, as amended; and (iiiC) a “regulated investment company” under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 8 contracts
Samples: Loan and Security Agreement (Volcano CORP), Loan and Security Agreement (Oculus Innovative Sciences, Inc.), Loan and Security Agreement (EnteroMedics Inc)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (iA) a “"venture capital operating company” " under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (iiB) a “"business development company” " under the provisions of federal Investment Company Act of 1940, as amended; and (iiiC) a “"regulated investment company” " under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 5 contracts
Samples: Loan and Security Agreement (Ramp Networks Inc), Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (New Focus Inc)
VCOC Limitation. Lender Lenders shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan such Lender would no longer qualify as: (i) a “venture capital operating company” under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (ii) a “business development company” under the provisions of federal Investment Company Act of 1940, as amended; and (iii) a “regulated investment company” under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (LifeMD, Inc.), Loan and Security Agreement (DarioHealth Corp.)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (iA) a “"venture capital operating company” " under U.S. Department of Labor Regulations Section 2510.325103-101(d), Title 29 of the Code of Federal Regulations, as amended; and (iiB) a “"business development company” " under the provisions of federal Investment Company Act of 1940, as amended; and (iiiC) a “"regulated investment company” " under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (i) a “venture capital operating company” under U.S. Department of Labor Regulations Section 2510.3-101(d2510.3101(d), Title 29 of the Code of Federal Regulations, as amended; and (ii) a “business development company” under the provisions of federal Investment Company Act of 1940, as amended; and (iii) a “regulated investment company” under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (iA) a “"venture capital operating company” " under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (iiB) a “"business development company” " under the provisions of federal Investment Company Act of 1940, as amended; and (iiiC) a “"regulated investment company” " under the provisions of the Internal Revenue Code of 1986, . as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc)
VCOC Limitation. Lender shall not be obligated to make any Loan under its Commitment if at the time of or after giving effect to the proposed Loan Lender would no longer qualify as: (iA) a “venture Venture capital operating company” under U.S. Department of Labor Regulations Section 2510.3-101(d), Title 29 of the Code of Federal Regulations, as amended; and (iiB) a “business development company” under the provisions of federal Investment Company Act of 1940, as amended; and (iiiC) a “regulated investment company” under the provisions of the Internal Revenue Code of 1986, as amended.
Appears in 1 contract
