Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the Corporation, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the Corporation. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation or otherwise, contract away the fiduciary obligation owed to the Corporation and the Corporation’s stockholders under common law.
Appears in 19 contracts
Samples: Administrative Services Agreement (First Capital Investment Corp), Administrative Services Agreement (FS Investment Corp III), Administrative Services Agreement (FS Investment Corp II)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the CorporationCompany’s stockholders under common lawlaw or otherwise.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Medley Capital Corp), And Restated Agreement and Plan of Merger (Medley Capital Corp), Agreement and Plan of Merger (Sierra Income Corp)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the CorporationCompany’s stockholders under common law.
Appears in 7 contracts
Samples: Investment Advisory And (HMS Income Fund, Inc.), Agreement (FS Investment Corp II), Investment Advisory And (HMS Income Fund, Inc.)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the Corporation’s Company stockholders under common law.
Appears in 6 contracts
Samples: Investment Advisory and Management Services Agreement (Business Development Corp of America), Investment Advisory And (Business Development Corp of America), Administrative Services Agreement (Franklin Square Investment CORP)
Fiduciary Duty. It is acknowledged that the Adviser Advisor shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the AdviserAdvisor’s immediate possession or control. The Adviser Advisor shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser Advisor shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the CorporationCompany’s stockholders under common law.
Appears in 6 contracts
Samples: Administrative Services Agreement (Terra Income Fund 6, Inc.), Investment Advisory And (Terra Income Fund 6, Inc.), Administrative Services Agreement (Terra Income Fund 6, Inc.)
Fiduciary Duty. It is acknowledged that the Adviser Advisor shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the AdviserAdvisor’s immediate possession or control. The Adviser Advisor shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser Advisor shall not, by entry into an agreement with any stockholder member of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the Corporation’s stockholders members of the Company under common law.
Appears in 5 contracts
Samples: Advisory Agreement (Greenbacker Renewable Energy Co LLC), Advisory Agreement (Greenbacker Renewable Energy Co LLC), Agreement (Greenbacker Renewable Energy Co LLC)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the Corporation’s stockholders under common lawCompany stockholders.
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)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder shareholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the CorporationCompany’s stockholders shareholders under common law.
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)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationFund, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationFund. The Adviser shall not, by entry into an agreement with any stockholder shareholder of the Corporation Fund or otherwise, contract away the fiduciary obligation owed to the Corporation Fund and the CorporationFund’s stockholders shareholders under common law.
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory And (FS Energy & Power Fund), Administrative Services Agreement (FS Energy & Power Fund)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any an manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the CorporationCompany’s stockholders under common lawlaw or otherwise.
Appears in 3 contracts
Samples: Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.), Investment Advisory Agreement (VII Peaks-KBR Co-Optivist Income BDC II, Inc.)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationCompany, whether or not in the Adviser’s 's immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationCompany. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation Company or otherwise, contract away the fiduciary obligation owed to the Corporation Company and the Corporation’s Company stockholders under common law.
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)
Fiduciary Duty. It is acknowledged that the Adviser Advisor shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the CorporationAdvisee, whether or not in the AdviserAdvisor’s immediate possession or control. The Adviser Advisor shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the CorporationAdvisee. The Adviser Advisor shall not, by entry into an agreement with any stockholder member of the Corporation Advisee or otherwise, contract away the fiduciary obligation owed to the Corporation Advisee and the Corporation’s stockholders members of the Advisee under common law.
Appears in 1 contract
Samples: Advisory Agreement (Greenbacker Renewable Energy Co LLC)
Fiduciary Duty. It is acknowledged that the Adviser shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the Corporation, whether or not in the Adviser’s 's immediate possession or control. The Adviser shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the Corporation. The Adviser shall not, by entry into an agreement with any stockholder of the Corporation or otherwise, contract away the fiduciary obligation owed to the Corporation and the Corporation’s 's stockholders under common law.
Appears in 1 contract
Samples: Administrative Services Agreement (Integrity Capital Income Fund, Inc.)
