Business Development Company Status. The Company, during a period of at least 24 months from the Closing Time, will use its commercially reasonable efforts to maintain each of its and SVCP’s status as a business development company; provided, however, that each of the Company or SVCP 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 shareholders as required by Section 58 of the 1940 Act or any successor provision.
Appears in 6 contracts
Samples: Underwriting Agreement (TCP Capital Corp.), Underwriting Agreement (TCP Capital Corp.), Underwriting Agreement (TCP Capital Corp.)
Business Development Company Status. The Company, during a period of at least 24 months from the Closing Time, will use its commercially reasonable efforts to maintain each of its and SVCP’s status as a business development company; provided, however, that each of the Company or SVCP 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 shareholders as required by Section 58 of the 1940 Act or any successor provision.
Appears in 1 contract
Samples: Underwriting Agreement (Special Value Continuation Fund, LLC)
