Common use of Commingling Clause in Contracts

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 11 contracts

Samples: Administrative Services Agreement (First Capital Investment Corp), And Administrative Services Agreement (Freedom Capital Corp/Md), Administrative Services Agreement (FS Investment Corp III)

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Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 10 contracts

Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory And (Chanticleer Dividend Fund, Inc.), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that that, the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 7 contracts

Samples: Services Agreement (Yorke Capital Corp), Investment Advisory Agreement (CION Investment Corp), Investment Advisory Agreement (CION Investment Corp)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust sub accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Sierra Income Corp), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 6 contracts

Samples: Investment Advisory And (HMS Income Fund, Inc.), Investment Advisory And (HMS Income Fund, Inc.), Investment Advisory And (Main Street Capital CORP)

Commingling. The Adviser Advisor covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations corporations of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser Advisor from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 6 contracts

Samples: Investment Advisory And (Terra Income Fund 6, Inc.), Administrative Services Agreement (Terra Income Fund 6, Inc.), Administrative Services Agreement (Terra Income Fund 6, Inc.)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 5 contracts

Samples: Services Agreement (FS Investment Corp IV), Investment Advisory Agreement (NexPoint Capital, Inc.), Services Agreement (FS Investment Corp IV)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 4 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Lending Corp), Investment Advisory Agreement (TP Flexible Income Fund, Inc.), Investment Advisory Agreement (Prospect Flexible Income Fund, Inc.)

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Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 3 contracts

Samples: Investment Advisory and Management Services Agreement (BDCA Senior Capital, Inc.), Investment Advisory (BUSINESS DEVELOPMENT Corp OF AMERICA II), Investment Advisory and Management Services Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection Section 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 3 contracts

Samples: Services Agreement (FS Investment Corp IV), Administrative Services Agreement (FS Investment Corp III), Services Agreement (FS Investment Corp II)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the CorporationCompany’s funds to be commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the CorporationCompany’s funds are protected from the claims of other programs and creditors of such programs.

Appears in 3 contracts

Samples: Administrative Services Agreement (FS Energy & Power Fund II), Administrative Services Agreement (FS Energy & Power Fund II), Administrative Services Agreement (FS Energy & Power Fund II)

Commingling. The Adviser covenants that it shall not permit or cause to be permitted the Corporation’s Company's funds to be from being commingled with the Corporations funds of any other entity. Nothing in this Subsection 10(c) shall prohibit the Adviser from establishing a master fiduciary account pursuant to which separate sub-trust accounts are established for the benefit of affiliated programs, provided that the Corporation’s Company's funds are protected from the claims of other programs and creditors of such programs.

Appears in 2 contracts

Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory and Management Services Agreement (Business Development Corp of America)

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