Examples of BDC Conversion in a sentence
In connection with the BDC Conversion, GC LLC and the Company complied in all respects with the provisions of Section 265 of the General Corporation Law of the State of Delaware (the “DGCL”).
On October 22, 2014, prior to the BDC Conversion, the Company effectuated a 1 for 5 reverse stock split (the “Reverse Stock Split”) to attract institutional investors.
As a result of the BDC Conversion, Newtek NY ceased to exist and the Company succeeded to Newtek NY’s operations as the sole surviving entity.
In connection with the BDC Conversion, WHF LLC and the Company complied in all respects with the provisions of Section 265 of the General Corporation Law of the State of Delaware (the “DGCL”).
In connection with the BDC Conversion, WhiteHorse Finance, LLC and the Company complied in all respects with the provisions of Section 265 of the General Corporation Law of the State of Delaware (the “DGCL”).
Neither the Company nor the General Partner shall have changed its jurisdiction of formation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to (a) in Schedule 5.5 or (b) with respect to any series of Additional Notes, in any applicable Supplement except pursuant to the BDC Conversion.
Pursuant to the BDC Conversion, the Company has the authority to issue 100,000,000 common stock shares at $0.001 per share par value and 1,000,000 preferred stock shares at $0.001 per share par value.
As used in this annual report on Form 10-K, except as otherwise indicated, the terms “OFS Capital,” “the Company,” “we,” “us,” and “our” refer to OFS Capital Corporation and its consolidated subsidiaries for the periods after the consummation of the BDC Conversion (as defined below), and refer to OFS Capital, LLC, a Delaware limited liability company, and its consolidated subsidiaries for the periods prior to consummation of the BDC Conversion.
The Fund agrees to pay, and the Adviser agrees to accept, as compensation for the services provided by the Adviser hereunder, a base management fee (the “Management Fee”) and, following the BDC Conversion, incentive compensation (“Incentive Compensation”) as hereinafter set forth.
Notwithstanding the foregoing or anything else to the contrary in the Loan Documents, the BDC Conversion will not be a violation of this Section 5.10.