Common use of Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares Clause in Contracts

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund and that the Fund’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund is offering Shares under a Registration Statement filed with the SEC and the Fund has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing Dealer.

Appears in 5 contracts

Samples: Managing Dealer Agreement (AB Private Lending Fund), Managing Dealer Agreement (AB Private Lending Fund), Managing Dealer Agreement (Fidelity Private Credit Fund)

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Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund Company and that the FundCompany’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund Company is offering Shares under a Registration Statement filed with the SEC and the Fund Company has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing Dealer.

Appears in 5 contracts

Samples: Managing Dealer Agreement (Kennedy Lewis Capital Co), Managing Dealer Agreement (HPS Corporate Lending Fund), Managing Dealer Agreement (T. Rowe Price OHA Select Private Credit Fund)

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund Company and that the FundCompany’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund Company is offering Shares under a Registration Statement filed with the SEC and the Fund Company has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing DealerIntermediary Manager.

Appears in 3 contracts

Samples: Intermediary Manager Agreement (Apollo Debt Solutions BDC), Intermediary Manager Agreement (Apollo Debt Solutions BDC), Intermediary Manager Agreement (Blackstone Private Credit Fund)

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund Company and that the FundCompany’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund Company is offering Shares under a Registration Statement filed with the SEC and the Fund Company has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing DealerCompany.

Appears in 2 contracts

Samples: Intermediary Agreement (AG Twin Brook Capital Income Fund), Intermediary Agreement (AG Twin Brook Capital Income Fund)

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund and that the Fund’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund is offering Shares under a Registration Statement filed with the SEC and the Fund has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing DealerIntermediary Manager.

Appears in 2 contracts

Samples: Intermediary Manager Agreement (Ares Strategic Income Fund), Intermediary Manager Agreement (Ares Strategic Income Fund)

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Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund Company and that the FundCompany’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund Company is offering Shares under a Registration Statement filed with the SEC and the Fund Company has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing DealerDistribution Manager.

Appears in 1 contract

Samples: Selected Intermediary Agreement (Oaktree Strategic Credit Fund)

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund and that the Fund’s board of trustees directors may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund is offering Shares under a Registration Statement filed with the SEC and the Fund has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing DealerIntermediary Manager.

Appears in 1 contract

Samples: Intermediary Manager Agreement (Crescent Private Credit Income Corp)

Xxxxxx’s Undertaking to Not Facilitate a Secondary Market in the Shares. The Broker acknowledges that there is no public trading market for the Shares and that there are limits on the ownership, transferability and repurchase of the Shares, which significantly limit the liquidity of an investment in the Shares. The Broker also acknowledges that the Repurchase Plan provides only a limited opportunity for investors to have their Shares purchased by the Fund and that the Fund’s board of trustees may, in its sole discretion, amend, suspend, or terminate the Repurchase Plan at any time in accordance with the terms of the Repurchase Plan. The Broker hereby agrees that so long as the Fund is offering Shares under a Registration Statement filed with the SEC and the Fund has not listed the Shares on a national securities exchange, the Broker will not engage in any action or transaction that would facilitate or otherwise create the appearance of a secondary market in the Shares without the prior written approval of the Managing Dealer.

Appears in 1 contract

Samples: Managing Dealer Agreement (AMG Comvest Senior Lending Fund)

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