Common use of Withdrawal by Registered Investment Companies Clause in Contracts

Withdrawal by Registered Investment Companies. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is an “investment company” subject to registration under the Investment Company Act, may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 3 contracts

Samples: Agreement (Capitala Finance Corp.), Joinder Agreement (WQN, Inc.), FIDUS INVESTMENT Corp

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Withdrawal by Registered Investment Companies. Notwithstanding any other provision of this Agreement, but subject to Sections 5.06, 5.07 and 5.08, any Private Limited Partner that is an “investment company” subject to registration under the Investment Company Act, Act may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or to avoid the requirement that the Partnership register as an investment company under the Investment Company Act.. Withdrawal by Xxxxx.96

Appears in 1 contract

Samples: Model Debenture

Withdrawal by Registered Investment Companies. Notwithstanding any other provision of this Agreement, any Private Special Limited Partner that is an “investment company” subject to registration under the Investment Company Act, may elect to withdraw from the Partnership Partnership, in whole or in part, or upon demand by the General Partner must withdraw from the Partnership Partnership, in whole or in part, if either such Private Special Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Special Limited Partner from the Partnership to such extent is required to enable such Private Special Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: CapRocq Core REIT, Inc.

Withdrawal by Registered Investment Companies. Notwithstanding any other provision of this Agreement, but subject to Sections 5.06, 5.07 and 5.08, any Private Limited Partner that is an “investment company” subject to registration under the Investment Company Act, Act may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or to avoid the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: www.sba.gov

Withdrawal by Registered Investment Companies. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is an “investment company” subject to registration under the Investment Company Act, may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.. Limited Partnership Agreement 35 026879.0101\273496.04

Appears in 1 contract

Samples: Limited Partnership Agreement

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Withdrawal by Registered Investment Companies. Notwithstanding any --- ============================================= other provision of the Agreement (including, without limitation, the provision of this AgreementAnnex), any Private Limited Partner that is an "investment company" subject to registration under the Investment Company Act, may elect to withdraw from the Partnership in whole Whole or in part, or upon demand by the General Partner must shall withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains shall obtain an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the such Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: Point West Capital Corp

Withdrawal by Registered Investment Companies. 59 Notwithstanding any other provision of this Agreement, any Private Limited Partner that is an "investment company" subject to registration under the Investment Company Act, may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: Limited Partnership Agreement

Withdrawal by Registered Investment Companies. 26 Notwithstanding any other provision of this Agreement, any Private Limited Partner that is an “investment company” subject to registration under the Investment Company Act, may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that, as a result of the Investment Company Act, the withdrawal of the Private Limited Partner from the Partnership to such extent is required to enable such Private Limited Partner or the Partnership to avoid a violation of applicable provisions of the Investment Company Act or the requirement that the Partnership register as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: Limited Partnership Agreement (CapitalSouth Partners SBIC Fund III, L.P.)

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