Common use of Excluded Investments Clause in Contracts

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii) and (xi) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xx) or (xxi) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 2 contracts

Samples: Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Global Credit Opportunities Fund-D)

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Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii) and or (xiix) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xxxii) or (xxixiii) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (fSection 7.01(f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Investment CORP)

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viiiix) and (xixii) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xxxxi) or (xxixxii) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp II)

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii), (ix) and or (xix) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, inquiry would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xiii), (xiv), (xx), (xxii) or (xxixxv) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Energy & Power Fund)

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses clause (viii) and (xiix) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xxxvii) or (xxixviii) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (fg) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (Corporate Capital Trust, Inc.)

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Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii) and or (xiix) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xxxii) or (xxixiii) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Investment CORP)

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viiiix) and (xixii) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xxxxi) or (xxixxii) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Investment CORP)

Excluded Investments. The Borrower (i) purchases an Excluded Investment enumerated in clauses (viii), (ix) and or (xix) of the definition of Excluded Investments and fails to dispose of such Excluded Investment within five (5) Business Days (A) after obtaining knowledge thereof or (B) earlier, if using reasonable inquiry, would have obtained such knowledge or (ii) purchases an Excluded Investment enumerated in clauses (i), (xiii), (xiv), (xx), (xxii) or (xxixxv) of the definition of Excluded Investments; provided that subject to the limitations set forth in Section 6.02(q) (Purchases and Sales of Fund Investments), this paragraph (f) shall not prohibit, and it shall not be an Event of Default as a result of, the Borrower acquiring and holding any Excluded Investment that the Borrower receives in connection with the workout or restructuring of any Fund Investment.

Appears in 1 contract

Samples: Credit Agreement (FS Energy & Power Fund)

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