Common use of BDC Election Clause in Contracts

BDC Election. The Company has filed the Notification of Election with the Commission; the Company has not filed with the Commission any notice of withdrawal of the Notification of Election pursuant to Section 54(c) of the Investment Company Act; the Notification of Election remains in full force and effect, and, to the Company’s knowledge, no order of suspension or revocation of such election under the Investment Company Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the Investment Company Act, including the provisions applicable to business development companies. The Company is not required and, after giving effect to the offer and sale of the Securities and the application of the proceeds thereof as described in the Prospectus, will not be required to register as an “investment company,” as such term is used in the Investment Company Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.), Equity Distribution Agreement (GOLUB CAPITAL BDC, Inc.)

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BDC Election. The Company has filed with the Commission the Notification of Election with the CommissionElection; and the Company has not filed with the Commission any notice of withdrawal of the Notification of Election pursuant to Section 54(c) of the Investment Company Act; the Notification of Election remains in full force and effect, and, to the Company’s 's knowledge, no order of suspension or revocation of such election under the Investment Company Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the Investment Company Act, including the provisions applicable to business development companies. The Company is not required and, after giving effect to the offer offering and sale of the Securities and the application of the proceeds thereof as described in the Prospectus, will not be required to register as an “investment company,” as such term is used in the Investment Company Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)

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BDC Election. The Company has filed with the Commission the Notification of Election with the CommissionElection; the Company has not filed with the Commission any notice of withdrawal of the Notification of Election pursuant to Section 54(c) of the Investment Company Act; and the Notification of Election remains in full force and effect, and, to the Company’s knowledge, no order of suspension or revocation of such election under the Investment Company Act has been issued or proceedings therefore initiated or threatened by the Commission. The operations of the Company are in compliance in all material respects with the provisions of the Investment Company Act, including the provisions applicable to business development companies. The Company is not required and, after giving effect to the offer offering and sale of the Securities and the application of the proceeds thereof as described in the Prospectus, will not be required to register as an “investment company,” as such term is used in the Investment Company Act.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golub Capital BDC, Inc.)

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