Common use of Compliance with Investment Company Act Clause in Contracts

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 54 contracts

Samples: Senior Secured Revolving Credit Agreement and Guarantee and Security Agreement (Goldman Sachs BDC, Inc.), Credit Agreement (Owl Rock Capital Corp), Revolving Credit Agreement (Brightwood Capital Corp I)

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Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the applicable provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 16 contracts

Samples: Senior Secured Revolving Credit Agreement (BlackRock Kelso Capital CORP), Senior Secured Term Loan Agreement (Solar Capital Ltd.), Senior Secured Credit Agreement (Solar Capital Ltd.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the applicable provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case case, that are applicable to the Borrower and its Subsidiaries.

Appears in 15 contracts

Samples: Senior Secured Credit Agreement (BlackRock Private Credit Fund), Secured Revolving Credit Agreement (Goldman Sachs Private Credit Corp.), Senior Secured Revolving Credit Agreement (Owl Rock Capital Corp III)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case case, that are applicable to the Borrower and its Subsidiaries.

Appears in 14 contracts

Samples: Revolving Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Revolving Credit Agreement (Ares Capital Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Significant Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the applicable provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case case, that are applicable to the Borrower and its Significant Subsidiaries.

Appears in 13 contracts

Samples: Senior Secured Credit Agreement (Blackstone Private Credit Fund), Senior Secured Credit Agreement (Blackstone / GSO Secured Lending Fund), Senior Secured Credit Agreement (Blue Owl Technology Income Corp.)

Compliance with Investment Company Act. The business and other activities of the Borrower Company and its Subsidiaries, including the making issuance of the Loans Notes hereunder, the application of the proceeds and repayment thereof by the Borrower Company and the consummation of the Transactions transactions contemplated by the Loan Documents this Agreement do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower Company and its Subsidiaries.

Appears in 6 contracts

Samples: Note Purchase Agreement (Silver Point Specialty Lending Fund), Note Purchase Agreement (CION Investment Corp), Master Note Purchase Agreement (Crescent Capital BDC, Inc.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 6 contracts

Samples: Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund), Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.), Credit Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making borrowing of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 5 contracts

Samples: Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp), Secured Revolving Credit Agreement (Fifth Street Finance Corp), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp)

Compliance with Investment Company Act. The business and other activities of the Parent, the Borrower and its Subsidiariestheir respective Subsidiaries (including, including without limitation, entering into this Agreement and the making other Loan Documents to which each is a party, the borrowing of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents Documents) do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 5 contracts

Samples: Credit Agreement (BlackRock TCP Capital Corp.), Loan Documents (BlackRock TCP Capital Corp.), Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 5 contracts

Samples: Senior Secured (Apollo Investment Corp), Guarantee and Security Agreement (Apollo Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its SubsidiariesBorrower, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunderSEC, in each case case, that are applicable to the Borrower and its SubsidiariesBorrower.

Appears in 5 contracts

Samples: Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower Company and its Subsidiaries, including the making issuance of the Loans Notes hereunder, the application of the proceeds and repayment thereof by the Borrower Company, and the consummation of the Transactions transactions contemplated by the Loan Documents this Agreement do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower Company and its Subsidiaries.

Appears in 3 contracts

Samples: Defined Terms (WhiteHorse Finance, Inc.), WhiteHorse Finance, Inc., WhiteHorse Finance, Inc.

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the applicable provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 3 contracts

Samples: Senior Secured (Apollo Investment Corp), Senior Secured (Apollo Investment Corp), Senior Secured Revolving Credit Agreement (Apollo Investment Corp)

Compliance with Investment Company Act. The business and other activities of American Capital, LLC, the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case case, that are applicable to American Capital, LLC, the Borrower and its Subsidiaries.

Appears in 3 contracts

Samples: Senior Secured Term Loan Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD), Secured Revolving Credit Agreement (American Capital, LTD)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a material violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case case, that are applicable to the Borrower and its Subsidiaries.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a material violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case case, that are applicable to the Borrower and its Subsidiaries.

Appears in 2 contracts

Samples: Assignment and Assumption (Corporate Capital Trust, Inc.), Assignment and Assumption (Corporate Capital Trust, Inc.)

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Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making borrowing of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.. (c)

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.), Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Significant Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Significant Subsidiaries.

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit), Revolving Credit Agreement (Bain Capital Private Credit)

Compliance with Investment Company Act. The business and other #4841-8625-7971v16 activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a material violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case case, that are applicable to the Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Resource Capital Corp.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.. 701007202 11262547 66 Revolving Credit Agreement

Appears in 1 contract

Samples: Assignment and Assumption (Pennantpark Investment Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions transactions contemplated by the Loan Documents Documents, do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Fifth Street Finance Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower . Second Amended and its Subsidiaries.Restated Revolving Credit Agreement

Appears in 1 contract

Samples: Senior Secured (Pennantpark Investment Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any 68 Revolving Credit Agreement material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Assignment and Assumption (TPG Specialty Lending, Inc.)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making of the Loans Loan hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Stellus Capital Investment Corp)

Compliance with Investment Company Act. The business and other activities of the Borrower and its Subsidiaries, including the making borrowing of the Loans hereunder, the application of the proceeds and repayment thereof by the Borrower and the consummation of the Transactions contemplated by the Loan Documents do not result in a violation or breach in 60 any material respect of the provisions of the Investment Company Act or any rules, regulations or orders issued by the Securities and Exchange Commission SEC thereunder, in each case that are applicable to the Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp)

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