Common use of BDC Election Clause in Contracts

BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “Company BDC Election”); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company BDC Election remains in full force and effect and, to the Company’s actual knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefor initiated or threatened by the Commission. The operations of the Company are in compliance with the provisions of the 1940 Act applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Great Elm Capital Corp.), Dealer Manager Agreement (Great Elm Capital Corp.)

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BDC Election. The Company has elected to be regulated as a business development company BDC under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the "Company BDC Election"); the Company has not filed with the Commission any notice of withdrawal of the Company Company's BDC Election pursuant to Section 54(c) of the 1940 Act; the Company Company's BDC Election remains in full force and effect effect, and, to the Company’s actual 's knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefor therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the 1940 Act Act, including the provisions applicable to business development companiesBDCs and the 1940 Act Rules and Regulations, except where such non-compliance would not reasonably be expected including the provisions applicable to result in a Material Adverse EffectBDCs.

Appears in 2 contracts

Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)

BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the “Company BDC Election”); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company BDC Election remains in full force and effect effect, and, to the Company’s actual knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefor therefore initiated or threatened by the Commission. The operations of the Company are in compliance with the provisions of the 1940 Act applicable to business development companies and the rules and regulations of the Commission thereunder applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Gladstone Capital Corp), Placement Agreement (Gladstone Capital Corp)

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BDC Election. The Company has elected to be regulated as a business development company under the 1940 Act and has filed with the Commission, pursuant to Section 54(a) of the 1940 Act, a duly completed and executed Form N-54A (the "Company BDC Election"); the Company has not filed with the Commission any notice of withdrawal of the Company BDC Election pursuant to Section 54(c) of the 1940 Act; the Company Company's BDC Election remains in full force and effect effect, and, to the Company’s actual 's knowledge, no order of suspension or revocation of such election under the 1940 Act has been issued or proceedings therefor therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the 1940 Act, including the provisions applicable to business development companies and the 1940 Act Rules and Regulations, including the provisions applicable to business development companies, except where such non-compliance would not reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Administration Agreement (Golub Capital BDC LLC)

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