Common use of Investment Company Diversification Requirements Clause in Contracts

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 48 contracts

Samples: Senior Secured Revolving Credit Agreement (Capital Southwest Corp), Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (Capital Southwest Corp)

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Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace or cure periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs, where applicable.

Appears in 28 contracts

Samples: Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II), Senior Secured Credit Agreement (Blue Owl Technology Finance Corp. II), Secured Revolving Credit Agreement (Goldman Sachs Private Credit Corp.)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 14 contracts

Samples: Revolving Credit Agreement (Oaktree Strategic Credit Fund), Revolving Credit Agreement (Oaktree Specialty Lending Corp), Secured Revolving Credit Agreement (Barings BDC, Inc.)

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICsRIC’s.

Appears in 6 contracts

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

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Financing Subsidiaries that are exempt from the Investment Company Act) will at all times to (i) comply with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 6 contracts

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

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 5 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)

Investment Company Diversification Requirements. The Such Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Such Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 5 contracts

Samples: Senior Secured Revolving Credit Agreement (FS KKR Capital Corp. II), Credit Agreement (FS KKR Capital Corp), Senior Secured (FS Investment Corp II)

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Designated Subsidiaries that are exempt from the Investment Company Act) will at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICsRIC’s.

Appears in 3 contracts

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

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs, where applicable.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Franklin BSP Lending Corp), Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject except for any such noncompliance that would not reasonably be likely to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICshave a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Guarantee and Security Agreement (Great Elm Capital Corp.)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 2 contracts

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)

Investment Company Diversification Requirements. The Borrower (together Borrower, on a consolidated basis with its Subsidiaries to the extent required by the Investment Company Act) will at all times (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs, where applicable.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Franklin BSP Capital Corp)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.106

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Barings BDC, Inc.)

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Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.. 107

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply 121 in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs. SECTION 5.13.

Appears in 1 contract

Samples: Credit Agreement (Oaktree Specialty Lending Corp)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs.The

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Oaktree Specialty Lending Corp)

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by the Investment Company Act) will at all times to (i) comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICsRIC’s.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Subsidiaries that are exempt from the Investment Company Act) will at all times to comply in all material respects with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace or cure periods set forth 116 757699803 747507610 22702620 in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs, where applicable.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Blue Owl Technology Income Corp.)

Investment Company Diversification Requirements. The Borrower (together with its Subsidiaries to the extent required by the Investment Company Act) will at all times comply with the portfolio diversification and similar requirements set forth in the Investment Company Act applicable to business development companies. The Borrower will at all times, subject to applicable grace periods set forth in the Code, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICs. SECTION 5.13.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Capital Southwest Corp)

Investment Company Diversification Requirements. The Borrower (together with will, and will cause its Subsidiaries to the extent required by (other than Unrestricted Subsidiaries that are exempt from the Investment Company Act) will at all times to collectively comply in all Revolving Credit Agreement material respects with the any portfolio diversification and similar requirements set forth in the Investment Company Act that are applicable to business development companies. The Borrower will at all times, companies and (ii) subject to applicable grace periods set forth in the CodeCode so long as it intends to qualify as a RIC, comply with the portfolio diversification and similar requirements set forth in the Code applicable to RICsRIC’s.

Appears in 1 contract

Samples: Senior Secured (Apollo Investment Corp)

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