Affiliated Debt Fund definition
Affiliated Debt Fund means any Affiliated Lender that is a bona fide diversified debt fund primarily engaged in, or that advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course.
Affiliated Debt Fund any Affiliated Lender that is primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, notes, bonds and similar extensions of credit or securities in the ordinary course, so long as (i) any such Affiliated Lender is managed as to day-to-day matters (but excluding, for the avoidance of doubt, as to strategic direction and similar matters) independently from Sponsor and any Affiliate of Sponsor that is not primarily engaged in the investing activities described above, (ii) any such Affiliated Lender has in place customary information screens between it and Sponsor and any Affiliate of Sponsor that is not primarily engaged in the investing activities described above, and (iii) neither Holdings nor any of its Subsidiaries directs or causes the direction of the investment policies of such entity.
Affiliated Debt Fund means any Affiliate of the Sponsor (a) that is a bona fide diversified debt fund or other entity that is primarily engaged in, or advises funds or other investment vehicles that are engaged in making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit in the ordinary course of its business and (b) with respect to which any ABRY Partners equity fund, does not, nor does any ABRY Fund that owns Equity Interests directly or indirectly in any Nexstar Entity, possess the power to direct or cause the direction of investment policies of such fund.
Examples of Affiliated Debt Fund in a sentence
For the avoidance of doubt, to the extent that any Affiliated Lender or Affiliated Debt Fund holds Loans or Commitments, no such Affiliated Lender or Affiliated Debt Fund, in its capacity as Lender may act to remove any such Person as Administrative Agent.
Notwithstanding anything to the contrary set forth herein (including Section 10.7(a)), so long as no Event of Default shall have occurred and be continuing, each applicable Affiliated Lender or Affiliated Debt Fund shall be entitled, in their respective sole discretion, to cancel or retire any Term Loans held by any Affiliated Lender or Affiliated Debt Fund.
The voting power of each Lender that is an Affiliated Debt Fund shall be reduced, pro rata, to the extent necessary in order to comply with the immediately preceding sentence.
For the avoidance of doubt, to the extent that any Affiliate Lender or Affiliated Debt Fund holds Loans or Commitments, no such Affiliate Lender or Affiliated Debt Fund, in its capacity as Lender, may act to remove any Person acting as Administrative Agent.
Each Affiliated Lender and each Affiliated Debt Fund agrees to notify the Administrative Agent promptly (and in any event within ten Business Days) if it acquires any Person who is also a Lender, and each Lender agrees to notify the Administrative Agent promptly (and in any event within ten Business Days) if it becomes an Affiliated Lender or an Affiliated Debt Fund.
More Definitions of Affiliated Debt Fund
Affiliated Debt Fund means any Affiliate of any Equity Sponsor (other than a natural person) that is a bona fide debt fund, proprietary trading desk, investment vehicle or other similar business or entity organized for the purpose of arranging, syndicating, investing in, trading or managing debt obligations that is either primarily engaged in, or advises funds, entities or other investment vehicles that are engaged in, arranging, syndicating, making, purchasing, holding or otherwise investing in loans, bonds and similar extensions of credit or securities in the ordinary course, but only to the extent that no personnel involved with the investment in any equity fund which has a direct or indirect equity investment in the Canadian Borrower or any of its Subsidiaries makes (or has the right to make or participate with others in making) investment decisions on such Affiliate’s behalf.
Affiliated Debt Fund means any Affiliated Lender that is a bona fide diversified (i.e., formed to make multiple investments) debt or similar structured capital fund either (i) with information barriers in place restricting the sharing of investment-related and other information between it and the SLP Fund or (ii) whose managers or general partner have fiduciary duties to the investors of such fund independent of their fiduciary duties to the investors in the SLP Fund; provided that the SLP Fund does not, directly or indirectly, possess the power to direct or cause the direction of the investment policies of any such fund.
Affiliated Debt Fund means a Sponsor Affiliated Lender that is primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit and that exercises independent discretion from the private equity business of the relevant Sponsor.
Affiliated Debt Fund means any Affiliate of the Sponsor (other than Holdings, any Loan Party, any other Person with which Holdings, directly or indirectly, is under common Control and any natural person) that is a bona fide diversified debt fund either (a) with information barriers in place restricting the sharing of investment-related and other information between it and the Sponsor and the Credit Parties or (b) whose managers have fiduciary duties to the investors of such fund independent of their fiduciary duties to the investors in the Sponsor and the Credit Parties and with information barriers in place restricting the sharing of investment-related and other information between such managers and the Sponsor and the Credit Parties; provided that neither the Sponsor nor any Credit Party (nor any of the Sponsor’s nor any Credit Party’s officers, directors or employees acting in such capacity for such party), directly or indirectly, possesses the power to direct or cause the direction of the investment policies of any such fund.
Affiliated Debt Fund any Affiliate of the Sponsor (other than Holdings, the Borrower or any of its Subsidiaries) that is a bona fide diversified debt fund either (a) with information barriers in place restricting the sharing of investment-related and other information between it and the Sponsor, Holdings and the Loan Parties or (b) whose managers have fiduciary duties to the investors of such fund independent of their fiduciary duties to the investors in the Sponsor and with information barriers in place restricting the sharing of investment-related and other information between such managers and the Sponsor; provided that neither the Sponsor, Holdings nor any Loan Party nor any of the Sponsor’s, Holdings’ nor any Loan Party’s officers, directors or employees, directly or indirectly, possesses the power to direct or cause the direction of the investment policies of any such fund.
Affiliated Debt Fund has the meaning assigned to such term in Section 11.06(g)(i)(B).
Affiliated Debt Fund means any Affiliate of The Toronto-Dominion Bank (other than Parent and its Subsidiaries and, for the avoidance of doubt, other than a natural Person) that either is a bona fide diversified debt fund or an investment vehicle primarily engaged in, or that advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of business and with respect to which The Toronto Dominion Bank (or any other Affiliate of The Toronto Dominion Bank holding equity investments in Parent or any of its Subsidiaries) does not, directly or indirectly, possess the power to direct or cause the direction of the investment policies of such entity.