Common use of Covenants of the Adviser Clause in Contracts

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 60 contracts

Samples: Agreement (Apollo Investment Corp), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.)

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Covenants of the Adviser. The Adviser hereby covenants that it is registered as an investment adviser under the Investment Advisers Act. The Adviser hereby agrees that its activities will shall at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 32 contracts

Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Agreement and Plan of Merger (Golub Capital BDC 3, Inc.)

Covenants of the Adviser. The Adviser covenants that it is registered will maintain its registration as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 30 contracts

Samples: Investment Advisory Agreement (Oaktree Strategic Income II, Inc.), Investment Advisory Agreement (Oaktree Strategic Income II, Inc.), Investment Advisory Agreement (Oaktree Strategic Income II, Inc.)

Covenants of the Adviser. The Adviser hereby covenants that it is registered as an investment adviser under the Advisers 1940 Act. The Adviser hereby agrees that its activities will shall at all times be in compliance comply in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 9 contracts

Samples: Investment Advisory Agreement (Sound Point Meridian Capital, Inc.), Investment Advisory Agreement (Pearl Diver Credit Company, LLC), Investment Advisory Agreement (Eagle Point Credit Co LLC)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers ActAct and covenants that it will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (FS KKR Capital Corp), Investment Advisory Agreement (FS KKR Capital Corp), Investment Advisory Agreement (KKR FS Income Trust Select)

Covenants of the Adviser. The Adviser covenants that it is registered will register as an investment adviser under the Advisers ActAct and maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 6 contracts

Samples: Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.), Investment Advisory Agreement (Fifth Street Finance Corp), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)

Covenants of the Adviser. (a) The Adviser covenants represents and warrants that it is duly registered and authorized as an investment adviser under the Advisers Act. The Act and the Adviser agrees that its activities will at all times be in compliance in to maintain effective all material respects with all applicable federal requisite registrations, authorizations and state laws governing its operations and investmentslicenses, as the case may be, until the termination of this Agreement.

Appears in 6 contracts

Samples: Investment Advisory and Management Agreement (New Mountain Guardian III BDC, L.L.C.), Investment Advisory and Management Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Investment Advisory and Management Agreement (New Mountain Guardian III BDC, L.L.C.)

Covenants of the Adviser. The Adviser hereby covenants that it is registered as an investment adviser under the Advisers Act. The Adviser hereby agrees that its activities will shall at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Andalusian Credit Company, LLC), Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (Muzinich Corporate Lending Income Fund, Inc.)

Covenants of the Adviser. The Adviser represents that it is, and covenants that it is shall remain during the term of this Agreement, registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 4 contracts

Samples: Investment Advisory Agreement (National Renewable Energy Investment Fund, Inc.), Investment Advisory Agreement (Green Energy & Growth Fund, Inc.), Investment Advisory Agreement (Zea Capital Fund LLC)

Covenants of the Adviser. The Adviser covenants that it is will be registered as an investment adviser under the Advisers ActAct as of the date the Fund commences investment operations and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 4 contracts

Samples: Investment Advisory Agreement (FS Global Credit Opportunities Fund), Investment Advisory Agreement (FS Global Credit Opportunities Fund-A), Investment Advisory Agreement (FS Global Credit Opportunities Fund-A)

Covenants of the Adviser. The Adviser hereby covenants that it is registered as an investment adviser under the Advisers Act. The Adviser hereby agrees that its activities will shall at all times be in compliance comply in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Eagle Point Institutional Income Fund), Investment Advisory Agreement (Eagle Point Enhanced Income Trust), Investment Advisory Agreement (CAZ Strategic Opportunities Fund)

Covenants of the Adviser. The Adviser covenants that it is will remain registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 3 contracts

Samples: Investment Advisory and Management Agreement, Investment Advisory and Management Agreement (Rand Capital Corp), Investment Advisory and Management Agreement (Rand Capital Corp)

Covenants of the Adviser. The Adviser covenants that it is will be registered as an investment adviser under the Advisers ActAct as of the date of the initial regular daily closing at which the Fund issues common shares of beneficial interest of the Fund and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 3 contracts

Samples: Investment Advisory Agreement (FS Credit Income Fund), Investment Advisory Agreement (FS Credit Income Fund), Investment Advisory Agreement (FS Energy Total Return Fund)

Covenants of the Adviser. The Adviser covenants that it is registered will register as an investment adviser under the Advisers ActAct and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 2 contracts

Samples: Investment Advisory Agreement (FS Investment CORP), Agreement (FS Investment CORP)

Covenants of the Adviser. a. The Adviser covenants agrees that it is will remain registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust), Investment Advisory Agreement (Oak Street Net Lease Trust)

Covenants of the Adviser. The Adviser covenants that it is has registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 2 contracts

Samples: Agreement (Iron Leaf Capital CORP), Investment Advisory Agreement (Iron Leaf Capital CORP)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments, including without limitation Section 205 of the Advisers Act.

Appears in 2 contracts

Samples: Management Agreement (Evercore Investment Corp), Investment Management Agreement (Evercore Investment Corp)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Investment Advisers ActAct of 1940, as amended. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Renaissance Capital Growth & Income Fund Iii Inc), Investment Advisory Agreement (Renaissance Capital Growth & Income Fund Iii Inc)

Covenants of the Adviser. (a) The Adviser covenants that it is registered will maintain its registration as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments. In addition, prior to the qualification of the Common Shares as Covered Securities, the following provisions of Paragraph 4(b)-(d) shall apply.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Credit Fund)

Covenants of the Adviser. (a) The Adviser covenants that it is registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Credit Suisse Park View BDC, Inc.), Investment Advisory Agreement (Credit Suisse Park View BDC, Inc.)

Covenants of the Adviser. The Adviser covenants that it is registered will register as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (MediaTech Investment Corp.)

Covenants of the Adviser. The Adviser covenants that it is and will be at the Effective Date, registered as an investment adviser under the Advisers Act, if applicable or if not applicable under the laws of the jurisdiction in which its principal executive office is located. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Spring Creek Capital Corp.)

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Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Investment Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Golub Capital BDC LLC)

Covenants of the Adviser. The Adviser covenants that it is registered will register as an investment adviser under the Advisers ActAct prior to the Corporation's election to become a business development company. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Technology Investment Capital Corp)

Covenants of the Adviser. The Notwithstanding its current exempt status, the Adviser covenants that it is has applied for, and will become, registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Monet Entertainment Group LTD)

Covenants of the Adviser. The Adviser represents that it is, and covenants that it is shall remain during the term of this Agreement, registered as an investment adviser under the Advisers Actapplicable state and federal law. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Zea Capital Fund LLC)

Covenants of the Adviser. The Adviser covenants that it is has registered as an investment adviser under the Advisers ActAct and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Agreement (Bdca Venture, Inc.)

Covenants of the Adviser. The Adviser covenants that it is registered will register as an investment adviser under the Advisers ActAct prior to the Corporation’s election to become a business development company. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (TICC Capital Corp.)

Covenants of the Adviser. (a) The Adviser covenants that it is registered will maintain its registration as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Oaktree Strategic Credit Fund)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (Oxford Lane Capital Corp.)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments. The Adviser further covenants that it will strictly comply with the BDC provisions of the Investment Company Act.

Appears in 1 contract

Samples: Investment Advisory Management Agreement (Blackhawk Capital Group BDC Inc)

Covenants of the Adviser. The Adviser covenants that it is will be registered as an investment adviser under the Advisers ActAct as of the date the Fund commences investment operations and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments. 5.

Appears in 1 contract

Samples: Investment Advisory Agreement (FS Global Credit Opportunities Fund-A)

Covenants of the Adviser. The Adviser hereby covenants that it is registered as an investment adviser under the Investment Advisers Act. The Adviser hereby agrees that its activities will shall at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments, including ERISA, if applicable.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brightwood Capital Corp I)

Covenants of the Adviser. The Adviser covenants that it is will become registered as an investment adviser under the Advisers Act if the Company elects to be regulated as a BDC under the Investment Company Act. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Management Agreement (Solar Capital Ltd.)

Covenants of the Adviser. The Adviser covenants that it is registered as an investment adviser under the Advisers ActAct and will maintain such registration. The Adviser agrees that its activities will at all times be in compliance in all material respects with all applicable federal and state laws governing its operations and investments.

Appears in 1 contract

Samples: Investment Advisory Agreement (FS Series Trust)

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