Vxxxxxx Rule. The Issuer is structured not to be a "covered fund" under the regulations adopted to implement Section 619 of the Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act, commonly known as the "Vxxxxxx Rule."
Vxxxxxx Rule. The Trust is not a "covered fund" under the regulations adopted to implement Section 619 of the Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act, commonly known as the "Vxxxxxx Rule."
Vxxxxxx Rule. To the best of the Borrower’s knowledge and belief, the Advances do not constitute an “ownership interest” in the Borrower for purposes of the Vxxxxxx Rule.
Vxxxxxx Rule. The transactions contemplated by this Agreement and the other Facility Documents do not result in the Lenders holding an “ownership interest” in a “covered fund” for purposes of the Vxxxxxx Rule.
Vxxxxxx Rule. Professional and its Subsidiaries do not engage in “proprietary trading” (as defined in 12 U.S.C. § 1851 and the regulations promulgated by the Federal Reserve Board in connection therewith (the “Vxxxxxx Rule”)) or hold any ownership interest in or sponsor any “covered fund” (as defined in the Vxxxxxx Rule).
Vxxxxxx Rule. The Borrower is not a “covered fund” for purposes of the Vxxxxxx Rule. In determining that Borrower is not a covered fund, the Borrower is entitled to the benefit of the exclusion for loan securitizations in the Vxxxxxx Rule under 17 C.F.R. 75.10(c)(8).
Vxxxxxx Rule. Apollo and its Subsidiaries do not engage in “proprietary trading” (as defined in 12 U.S.C. § 1851 and the regulations promulgated by the Federal Reserve Board in connection therewith (the “Vxxxxxx Rule”)) or hold any ownership interest in or sponsor any “covered fund” (as defined in the Vxxxxxx Rule).
Vxxxxxx Rule. Dxxxxxxx and its Subsidiaries do not engage in “proprietary trading” (as defined in 12 U.S.C. § 1851 and the regulations promulgated by the Federal Reserve Board in connection therewith (the “Vxxxxxx Rule”)) or hold any ownership interest in or sponsor any “covered fund” (as defined in the Vxxxxxx Rule).
Vxxxxxx Rule. Neither the Company nor any of its Subsidiaries (i) engage in any activity that would constitute “proprietary trading,” or (b) have acquired or retained an “ownership interest” in or “sponsored” a “covered fund,” as each such term is defined for purposes of the Vxxxxxx Rule.
Vxxxxxx Rule. Notwithstanding anything to the contrary set forth herein, upon the reasonable determination in good faith by any Lender (following consultation with counsel of national reputation experienced in such matters) that its ownership of any of its rights or obligations hereunder is prohibited by Applicable Law (including, without limitation, the Vxxxxxx Rule), each of the other Lenders, the Borrower, the Collateral Manager, the Collateral Custodian and the Administrative Agent hereby agree to work in good faith to amend or amend and restate the commercial terms of this Agreement (including, if necessary, to re-document under a note purchase agreement or indenture) to the extent necessary to ensure compliance with such Applicable Law, provided that any such amendment or other modification that would be materially adverse to the Borrower or the Collateral Manager shall not be executed without consent from such party. 155
