Common use of Eligibility of Portfolio Investments Clause in Contracts

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Financing Providers, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment will not prohibit the Company from acquiring such Portfolio Investment (subject to the conditions set forth in Section 1.03); provided, that any Portfolio Investment not so approved prior to its Trade Date or Substitution Date (each as defined below) shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 3 contracts

Samples: Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.)

AutoNDA by SimpleDocs

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Financing ProvidersLenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. The failure of the Administrative Agent to approve the acquisition of a Any Portfolio Investment will not prohibit so approved shall be deemed to remain approved for a period of ten (10) Business Days. Notwithstanding anything to the contrary in this Section 1.02 or Section 1.03, the Company may acquire any Portfolio Investment, from acquiring such Portfolio Investment (time to time, pursuant to the Sale Agreement or, subject to the conditions set forth in Section 1.03)1.03 otherwise, without the prior approval of the Administrative Agent; provided, that any Portfolio Investment not so approved prior to its Trade Date or Substitution Date (each as defined below) date of acquisition shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 3 contracts

Samples: Loan Agreement (CION Investment Corp), Loan and Security Agreement (CION Investment Corp), Loan and Security Agreement (CION Investment Corp)

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Financing ProvidersLenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment will not prohibit the Company from acquiring such Portfolio Investment (subject to the conditions set forth in Section 1.03); provided, provided that any Portfolio Investment not so approved prior to its Trade Date or Substitution Date (each as defined below) shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 1 contract

Samples: Loan and Security Agreement (Corporate Capital Trust, Inc.)

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Financing ProvidersLenders, to reasonably request in writing additional information (to the extent available to the Company) regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager and the Company (including via e-mail or other customary electronic messaging system) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Value for such Portfolio Investment) no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably (to the extent available to the Company) requested in writing in connection therewith); provided that (i) any Initial Portfolio Investment shall be deemed to be approved by the Administrative Agent. The , (ii) any approval by the Administrative Agent of any proposed Portfolio Investment as an Eligible Portfolio Investment shall apply to any subsequent acquisition of the same Portfolio Investment with a Trade Date occurring not later than thirty (30) days after such approval and (iii) the failure of the Administrative Agent to approve notify the acquisition of a Portfolio Investment will not prohibit Manager and the Company from acquiring such Portfolio Investment (subject to the conditions set forth of its approval in accordance with this Section 1.03); provided, that any Portfolio Investment not so approved prior to its Trade Date or Substitution Date (each as defined below1.02(c) shall be deemed to be an Ineligible Investment until a disapproval of such later date (if any) on which such Portfolio Investment is so approvedproposed acquisition.

Appears in 1 contract

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.)

AutoNDA by SimpleDocs

Eligibility of Portfolio Investments. The Administrative Agent shall have the right, on behalf of all Financing ProvidersLenders, to reasonably request additional information regarding any proposed Portfolio Investment. The Administrative Agent shall notify the Portfolio Manager Servicer and the Company (including via e-mail or other customary electronic messaging systememail) of its approval or failure to approve each Portfolio Investment proposed to be acquired pursuant to a Notice of Acquisition (and, if approved, an initial determination of the Market Collateral Value for such Portfolio Investment) ; no later than the fifth (5th) Agent Business Day succeeding the date on which it receives such Notice of Acquisition and any information reasonably requested in connection therewith); provided that (i) any Initial Portfolio Investment shall be deemed to be approved by the Administrative AgentAgent and (ii) the failure of the Administrative Agent to notify the Servicer and the Company of its approval in accordance with this Section 1.02(c) shall be deemed to be a disapproval of such proposed acquisition. The failure of the Administrative Agent to approve the acquisition of a Portfolio Investment will not prohibit the Company from acquiring such Portfolio Investment (subject to the conditions set forth in Section 1.03); provided, provided that any Portfolio Investment not so approved prior to its Trade Date or Substitution Date (each as defined below) shall be deemed to be an Ineligible Investment until such later date (if any) on which such Portfolio Investment is so approved.

Appears in 1 contract

Samples: Loan and Security Agreement (SCP Private Credit Income BDC LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.