Bona Fide Debt Fund Affiliate definition

Bona Fide Debt Fund Affiliate means any Person that is (a) engaged in making, purchasing, holding or otherwise investing in commercial loans, bonds or similar extensions of credit in the ordinary course of business and (b) managed, sponsored or advised by any Person controlling, controlled by or under common control with a Designated Disqualified Lender, but only to the extent that no personnel involved with the investment in such Designated Disqualified Lender (i) makes (or has the right to make or participate with others in making) investment decisions on behalf of such Person or (ii) has access to any information (other than information that is publicly available) relating to the Parent or its Subsidiaries or any entity that forms a part of any of their respective businesses (including any of their respective Subsidiaries).
Bona Fide Debt Fund Affiliate means any debt fund or investment vehicle that is an Affiliate of any Disqualified Lender described in clause (i) or (ii) of the definition thereof (a) that is engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of business and (b) with respect to which no personnel involved in the investment in, or management of, the relevant Disqualified Lender described in clause (i) or (ii) of the definition thereof (1) makes (or has the right to make or participate with others in making) investment decisions on behalf of, or otherwise cause the direction of the investment policies of, such debt fund or investment vehicle or (2) has access to any information (other than information that is publicly available) relating to Holdings, the Company and/or their respective Subsidiaries.
Bona Fide Debt Fund Affiliate means any Person that is engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of business which is managed, sponsored or advised by any Person controlling, controlled by or under common control with (a) any Company Competitor that is a Disqualified Institution or (b) any Affiliate of such Company Competitor, but with respect to which no personnel involved with any investment in which Person either (i) makes (or has the right to make or participate with others in making) any investment decisions with respect to such Person or (ii) has access to any information (other than information that is publicly available) relating to any Holdings Entity, the Borrower or the Subsidiaries or any entity that forms a part of the business of the Borrower or any of the Subsidiaries.

More Definitions of Bona Fide Debt Fund Affiliate

Bona Fide Debt Fund Affiliate means any Person that is (a) engaged in making, purchasing, holding or otherwise investing in commercial loans, bonds or similar extensions of credit in the ordinary course of business and (b) managed, sponsored or advised by any Person controlling, controlled by or under common control with a Disqualified Institution or Affiliate thereof, as applicable, but only to the extent that no personnel involved with the investment in such Disqualified Institution or Affiliate thereof, as applicable (i) makes (or has the right to make or participate with others in making) investment decisions on behalf of such Person or (ii) has access to any information (other than information that is publicly available) relating to the Parents, the Borrowers, the Targets or their respective Subsidiaries or Affiliates or any other Person that forms a part of any of their respective businesses.
Bona Fide Debt Fund Affiliate means any Person that (a) is engaged in making, purchasing, holding or otherwise investing in commercial loans or similar extensions of credit in the ordinary course of business, (b) is managed, sponsored or advised by any Person Controlling, Controlled by or under common Control with a Person identified by Borrower as a “competitor” of Borrower (in accordance with the definition ofDisqualified Lender”) or Affiliate thereof, (c) has managers who have fiduciary duties to the investors of such fund or Person independent of, or in addition to, their fiduciary duties to the investors in the applicable Person that is a “competitor” of Borrower, and (d) has no personnel involved with the investment in such competitor or Affiliate thereof, as applicable, that (i) make (or have the right to make or participate with others in making) investment decisions on behalf of such “competitor” of Borrower or (ii) have access to any information (other than information that is publicly available) relating to Borrower or any of their respective Subsidiaries or any entity that forms a part of any of their respective businesses (including any of their respective Subsidiaries).
Bona Fide Debt Fund Affiliate of a Competitor is a debt fund, investment vehicle, regulated bank entity or unregulated entity (x) that is primarily engaged in, or that advises funds or other investment vehicles that are primarily engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course of business for financial investment purposes and (y) with respect to which no personnel involved with the investment in the relevant Competitor, or the management, control or operation thereof, directly or indirectly, possesses the power to direct or cause the investment policies of such fund, vehicle or entity.
Bona Fide Debt Fund Affiliate shall have the meaning set forth in Section 7.1.

Related to Bona Fide Debt Fund Affiliate

  • Debt Fund Affiliate means any Affiliate of the Sponsor (other than Holdings and its Subsidiaries) 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 or securities in the ordinary course and with respect to which the Sponsor does not, directly or indirectly, possess the power to direct or cause the direction of the investment policies of any such Affiliate. Notwithstanding the foregoing, in no event shall a Natural Person be a Debt Fund Affiliate.

  • Non-Debt Fund Affiliate means any Affiliate of Holdings (other than Holdings, the Borrower or any Subsidiary of the Borrower) that is not a Debt Fund Affiliate.

  • Bona Fide Debt Fund means any fund or investment vehicle that is primarily engaged in the making, purchasing, holding or otherwise investing in commercial loans, bonds and other similar extensions of credit in the ordinary course.

  • 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.

  • Controlled Affiliate means any corporation, limited liability company, partnership, joint venture, trust or other entity or enterprise, whether or not for profit, that is directly or indirectly controlled by the Company. For purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity or enterprise, whether through the ownership of voting securities, through other voting rights, by contract or otherwise; provided that direct or indirect beneficial ownership of capital stock or other interests in an entity or enterprise entitling the holder to cast 15% or more of the total number of votes generally entitled to be cast in the election of directors (or persons performing comparable functions) of such entity or enterprise shall be deemed to constitute control for purposes of this definition.

  • Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, "control" when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing.

  • Affiliated business entity relationship means a relationship, other than a parent- subsidiary relationship, that exists when