Investment Exclusion Event means the exclusion or excuse of any Investor from participating in a particular Portfolio Investment pursuant to the provisions of the Guarantor’s Governing Documents or such Investor’s Side Letter (including by reference to any investment policy of such Investor), where the Investor is entitled to such exclusion or excuse under the Guarantor’s Governing Documents or its Side Letter as a matter of right (i.e. not in the Primary Borrower’s discretion).
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in a particular Investment pursuant to the applicable Constituent Document or its Side Letter, where the Investor is entitled to such exclusion or excuse under the applicable Constituent Document or its Side Letter as a matter of right (i.e. not a Borrower or any Managing Entity’s discretion).
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in a particular Investment pursuant to either (a) such Investor’s Side Letter or (b) such Investor’s Subscription Agreement, in each case, where (i) the Investor is entitled to such exclusion or excuse under the applicable Subscription Agreement or the applicable Side Letter (i.e., the Initial Borrower has no discretion to permit or prevent such exclusion or excuse) or (ii) the failure to so exclude or excuse such Investor could, in the reasonable determination of the Initial Borrower, reasonably be expected to result in a material adverse effect under the applicable Constituent Documents.
Examples of Investment Exclusion Event in a sentence
Together with each Request for Credit Extension, Borrower shall deliver a certification stating that no Investment Exclusion Event has occurred with respect to any investment by the Borrower.
More Definitions of Investment Exclusion Event
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in a particular Investment pursuant to the terms of the Operative Documents or such Investor’s Side Letter, where the Investor is entitled to such exclusion or excuse under such Operative Documents or such Investor’s Side Letter as a matter of right (i.e., not in any Borrower Party’s discretion). “Investor Guaranty” means a guaranty provided by an Investor’s Credit Provider with respect to such Investor’s Capital Commitment in form and substance satisfactory to the Administrative Agent. “Investor” means any Person admitted to Guarantor as a limited partner, shareholder or equity holder; provided that, no natural Person that is a limited partners, shareholder or equity holder of Guarantor shall be deemed or considered to be an “Investor” for any purpose under, or provision of, this Credit Agreement and the other Loan Documents, including without limitation in respect of the Collateral. “Investor Consent Letter” means an agreement delivered by the Texas Municipal Retirement System to the Administrative Agent, substantially in the form of Exhibit H.
Investment Exclusion Event means the exclusion or excuse of any Investor from funding any portion of its Capital Commitment in accordance with, and as contractually required by, the Governing Agreements and/or any Side Letter related to any Governing Agreement. USActive 60330059.19 -27-
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in a particular Portfolio Investment pursuant to the provisions of the Guarantor’s Governing Documents or such Investor’s Side Letter (including by reference to any investment policy of such Investor), where the Investor is entitled to such exclusion or excuse under the Guarantor’s Governing Documents or its Side Letter as a matter of right (i.e. not in the Primary Borrower’s discretion). “Investment Management Agreement” means the Management Services Agreement, dated as of February 9, 2018 between the Guarantor and the Investment Manager, as amended.
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in any investment in a particular Investment pursuant to any section of the Corporate Document, any sections of a Borrower’s Constituent Documents or such Investor’s Side Letter or Subscription Agreement, in any case, where (a) the Investor is entitled to such exclusion or excuse under the applicable Corporate Document, Constituent Documents or such Investor’s Side Letter or Subscription Agreement and the Credit Parties have no discretion to permit or prevent such exclusion or excuse or (b) the applicable Borrower has the discretion to permit such exclusion or excuse because, in the reasonable determination of the applicable Borrower, the failure to so exclude or excuse such Investor could reasonably be expected to result in a material adverse effect on such Borrower.
Investment Exclusion Event means the exclusion or excuse of any Investor from participating in any particular Investment pursuant to the Constituent Documents of the applicable Fund or its Side Letter, (i) where such Investor is entitled to such exclusion or excuse under the applicable Constituent Documents or its Side Letter as a matter of right (i.e., not in the applicable General Partner’s discretion) or (ii) the failure to so exclude or excuse such Investor could, in the reasonable determination of the applicable General Partner, reasonably be expected to result in a material adverse effect on the applicable Credit Party under the applicable Constituent Documents (including, but not limited to, violation of the 40 Act or other Applicable Law).