Examples of SBIC Entities in a sentence

The Loan Parties shall also cause the items specified in Section 3.01(c), (e), (g) and (h) to be delivered to the Administrative Agent concurrently with the instrument referred to above, modified appropriately to refer to such instrument, and the new Loan Party (the SBIC Entities, as applicable) and shall take all such further actions and execute all such further documents and instruments as may be necessary or, in the opinion of Administrative Agent, desirable, to effect the transactions described herein.
Notwithstanding the fact that the SBIC Entities are not Loan Parties, the SBIC Entities shall be included for purposes of calculating Consolidated EBITDA, Consolidated Interest Expense, Consolidated Net Investment Income, Consolidated Tangible Net Worth and Depreciation and Amortization.
Without the prior written consent of the Required Lenders, no Loan Party shall become a general partner in any general or limited partnership or a joint venturer in any joint venture, other than the SBIC Entities.
Without the prior written consent of the Required Lenders, no Loan Party shall become a general partner in any general or limited partnership or a joint venturer in any joint venture, other than the SBIC Entities; provided, that any investment that is accounted for as a portfolio investment under GAAP by any Loan Party shall not be considered to be a participation in a joint venture.
In either of such events, the Loan Parties shall cause the SBIC Entities, as applicable, to become a party to, and agree to be bound by the terms of, this Agreement and the other Loan Documents pursuant to a Joinder Agreement, in the form attached hereto as Exhibit L satisfactory to the Administrative Agent in all respects and executed and delivered to the Administrative Agent within ten (10) Domestic Business Days after the occurrence of such event.

More Definitions of SBIC Entities

SBIC Entities means each of (1) Main Street Mezzanine Fund, LP, (2) Main Street Mezzanine Management, LLC,

SBIC Entities means each of Main Street Mezzanine Fund, LP and Main Street Mezzanine Management, LLC and any future “small business investment company” owned, directly or indirectly, by Borrower that is governed by the Restricted Provisions.

SBIC Entities means each of (1) Main Street Mezzanine Fund, LP, (2) Main Street Mezzanine Management, LLC, (3) Main Street Capital II, LP, (4) Main Street Capital II GP, LLC, (5) Main Street Capital III, LP, (6) Main Street Capital III GP, LLC and (7) any other future “small business investment company” owned, directly or indirectly, by Borrower that is governed by the Restrictive Provisions or any other company that has applied for a license under the Small Business Investment Act of 1958 and is actively pursuing the granting thereof by appropriate proceedings promptly instituted and diligently conducted, is owned, directly or indirectly, by Borrower, and that has been designated by the Borrower as described below (in each case, including such company’s general partner or managing entity to the extent that the only material asset of such general partner or managing entity is its equity interests in the SBIC Entity); provided, in the case of clause (7), (a) no portion of the Debt or any other obligations (contingent or otherwise) of such Subsidiary: (i) is Guaranteed by any Loan Party (other than a Permitted SBIC Guarantee or analogous commitment), (ii) is recourse to or obligates any Loan Party in any way (other than in respect of any SBIC Equity Commitment, Permitted SBIC Guarantee or analogous commitment), or (iii) subjects any property of any Loan Party, directly or indirectly, contingently or otherwise, to the satisfaction thereof, other than equity interests in any SBIC Entity pledged to secure such Debt, and (b) no Loan Party has any obligation to maintain or preserve such Subsidiary’s financial condition or cause such entity to achieve certain levels of operating results (other than in respect of any SBIC Equity Commitment, Permitted SBIC Guarantee or analogous commitment). Any designation by the Borrower pursuant to clause (7) shall be effected pursuant to a certificate of a Responsible Officer delivered to the Administrative Agent, which certificate shall include a statement to the effect that, to the best of such officer’s knowledge, such designation complied with the foregoing conditions.

SBIC Entities means each of (1) Triangle Mezzanine Fund LLLP, a North Carolina limited liability limited partnership, (2) Triangle Mezzanine Fund II LP, a Delaware limited partnership, (3) Triangle Mezzanine Fund III, LP, a Delaware limited partnership, (4) any other future “small business investment company” owned, directly or indirectly, by the Borrower, and (5) any Subsidiary, general partner or blocker corporation of an entity described in clauses (1) through (4); provided, that with respect to the entities described in clause (3) and (4) above, before such entity acquires any assets or liabilities or otherwise engages in any business, such entity has become licensed as a “small business investment company” by the SBA (or has applied for such a license and is actively pursuing the granting thereof by appropriate proceedings promptly instituted and diligently conducted) under the Small Business Investment Act of 1958. Each entity described in subclauses (1) through (4) (and any Subsidiary, general partner and blocker corporation of such entity) shall continue to be an “SBIC Entity” until such time as all of the following have occurred with respect to such entity: (i) all SBIC debentures of such entity have been indefeasibly paid in full and no obligations remain outstanding thereunder (as evidenced in writing the SBA), (ii) there are no Liens on the assets of such entity securing the SBA Debt of such entity, (iii) after such entity has obtained its SBIC license, such entity has either voluntarily or involuntarily surrendered its SBIC license (as evidenced in writing by the SBA), (iv) there are no further legal, business or operational relationships in existence between such entity and the SBA, and (v) such entity may become a party to and agree to be bound by the terms of this Agreement and the other Loan Documents as a Guarantor (including pledging its assets as Collateral) without creating an Event of Default or triggering a mandatory prepayment event.

SBIC Entities means each of (1) Main Street Mezzanine Fund, LP, (2) Main Street Mezzanine Management, LLC, (3) Main Street Capital II, LP, (4) Main Street Capital II GP, LLC, (5) Main Street Capital III, LP, (6) Main Street Capital III GP, LLC and (7) any other future “small business investment company” owned, directly or indirectly, by Borrower that is governed by the Restrictive Provisions or any other company that has applied for a license under the Small Business Investment Act of 1958 and is actively pursuing the granting thereof by appropriate proceedings promptly instituted and diligently conducted, is owned, directly or indirectly, by Borrower , and that has been designated by the Borrower as described below (in each case, including such company’s general partner or managing entity to the extent that the only material asset of such general partner or managing entity is its equity interests in the SBIC Entity); provided, in the case of clause (7), (a) no portion of the Debt or any other obligations (contingent or otherwise) of such Subsidiary: (i) is Guaranteed by any Loan Party (other than a Permitted SBIC Guarantee or analogous commitment), (ii) is recourse to or obligates any Loan Party in any way (other than in respect of any SBIC Equity Commitment, Permitted SBIC Guarantee or analogous commitment), or (iii) subjects any property of any Loan Party, directly or indirectly, contingently or otherwise, to the satisfaction thereof, other than equity interests in any SBIC Entity pledged to secure such Debt, and (b) no Loan Party has any obligation to maintain or preserve such Subsidiary’s financial condition or cause such entity to achieve certain levels of operating results (other than in respect of any SBIC Equity Commitment, Permitted SBIC Guarantee or analogous commitment). Any designation by the Borrower pursuant to clause (7) shall be effected pursuant to a certificate of a Responsible Officer delivered to the Administrative Agent, which certificate shall include a statement to the effect that, to the best of such officer’s knowledge, such designation complied with the

SBIC Entities means each of (1) Triangle Mezzanine Fund LLLP, a North Carolina limited liability limited partnership, (2) Triangle Mezzanine Fund II LP, a Delaware limited partnership, (3) Triangle Mezzanine Fund III, LP, a Delaware limited partnership, (4) any other future “small business investment company” owned, directly or indirectly, by the Borrower, and (5) any Subsidiary, general partner or blocker corporation of an entity described in clauses (1) through (4); provided, that with respect to the entities described in clause (4) above, before such entity acquires any assets or liabilities or otherwise engages in any business, such entity has become licensed as a “small business investment company” by the SBA (or has applied for such a license and is actively pursuing the granting thereof by appropriate proceedings promptly instituted and diligently conducted) under the Small Business Investment Act of 1958. Each entity described in subclauses (1) through (4) (and any Subsidiary, general partner and blocker corporation of such entity) shall continue to be an “SBIC Entity” until such time as all of the following have occurred with respect to such entity: (i) all SBIC debentures of such entity have been indefeasibly paid in full and no obligations remain outstanding thereunder (as evidenced in writing the SBA), (ii) there are no Liens on the assets of such entity securing the SBA Debt of such entity, (iii) after such entity has obtained its SBIC license, such entity has either voluntarily or involuntarily

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