Common use of Business Development Company Status Clause in Contracts

Business Development Company Status. The Company, during a period of at least 12 months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 64 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

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Business Development Company Status. The Company, during a the period of at least 12 months two years from the Closing Timeeffective date of the Company’s Registration Statement, will use its commercially reasonable reasonably efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 9 contracts

Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Bain Capital Specialty Finance, Inc.)

Business Development Company Status. The Company, during a the period of at least 12 months two years from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 6 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.), Underwriting Agreement (Goldman Sachs BDC, Inc.)

Business Development Company Status. The Company, during a period of at least 12 24 months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, that the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders shareholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 5 contracts

Samples: Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.), Underwriting Agreement (BlackRock TCP Capital Corp.)

Business Development Company Status. The Company, during a period of at least 12 months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any an successor provision.

Appears in 2 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Business Development Company Status. The Company, during a the period of at least 12 twenty-four (24) months from the Closing Timeeffective date of the Company’s Registration Statement, will use its commercially reasonable efforts to maintain its status as a business development companycompany under the Investment Company Act; provided, however, that the Company may change the nature of its business so as to cease to be, or withdraw its election to be treated as, a business development company, company with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Investment Company Act or any successor provision.

Appears in 2 contracts

Samples: Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Nuveen Churchill Direct Lending Corp.)

Business Development Company Status. The Company, during a period of at least 12 twenty-four (24) months from the Closing Timedate of the Prospectus, will use its commercially reasonable efforts to maintain its status as a business development companycompany under the Investment Company Act; provided, however, that the Company may cease to be, or withdraw its election as, a business development company, company with the approval of the board of directors trustees and a vote of stockholders as required by Section 58 of the 1940 Investment Company Act or any successor provision.

Appears in 2 contracts

Samples: Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Blackstone Secured Lending Fund)

Business Development Company Status. The Company, during a the period of at least 12 months two years from the Closing Timeeffective date of the Prospectus, will use its commercially reasonable reasonably efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 2 contracts

Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Runway Growth Finance Corp.)

Business Development Company Status. The Company, during a period of at least 12 twenty-four (24) months from the Closing Timeeffective date of the Company’s Registration Statement, will use its commercially reasonable efforts to maintain its status as a business development companycompany under the Investment Company Act; provided, however, that the Company may change the nature of its business so as to cease to be, or withdraw its election to be treated as, a business development company, company with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Investment Company Act or any successor provision.

Appears in 2 contracts

Samples: Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Morgan Stanley Direct Lending Fund)

Business Development Company Status. The Company, during a period of at least 12 twenty-four (24) months from the Closing Timeeffective date of the Company’s Registration Statement, will use its commercially reasonable efforts to maintain its status as a business development companycompany under the Investment Company Act; provided, however, that the Company may change the nature of its business so as to cease to be, or withdraw its election to be treated as, a business development company, company with the approval of the board of directors trustees and a vote of stockholders as required by Section 58 of the 1940 Investment Company Act or any successor provision.

Appears in 1 contract

Samples: Underwriting Agreement (Blackstone Secured Lending Fund)

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Business Development Company Status. The Company, during a the period of at least 12 twenty-four months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 1 contract

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.)

Business Development Company Status. The Company, during a period of at least 12 24 months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, that the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 1 contract

Samples: Underwriting Agreement (BlackRock TCP Capital Corp.)

Business Development Company Status. The Company, during a period of at least 12 months from the Closing Expiration Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 1 contract

Samples: Manager Agreement (Ares Capital Corp)

Business Development Company Status. The Company, during a period of at least 12 months from the Closing Timeeffective date of the company's election to be a business development company, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any an successor provision.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ares Capital Corp)

Business Development Company Status. The Company, during a the period of at least 12 twelve months from the Closing Time, will use its commercially reasonable efforts to maintain its status as a business development company; provided, however, the Company may cease to be, or withdraw its election as, a business development company, with the approval of the board of directors and a vote of stockholders as required by Section 58 of the 1940 Act or any successor provision.

Appears in 1 contract

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.)

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