Common use of Limitation on Debt Clause in Contracts

Limitation on Debt. (a) No Borrower Party shall incur any indebtedness (as such term is used in the applicable Constituent Documents) to the extent it would violate its respective Constituent Documents as in effect on the Closing Date (or as amended in accordance with Section 9.04) or the leverage requirements applicable to a “business development company” under Sections 18 and 61 of the Investment Company Act; and (b) except as permitted in Section 9.02, no Borrower Party may incur any Indebtedness secured by the Collateral. Notwithstanding anything to the contrary, this Credit Agreement and the other Loan Documents shall permit (i) accrued management, incentive and other fees, (ii) obligations under Swap Contracts not entered into for speculative purposes, (iii) commitments to purchase or make Portfolio Investments and any commitment or incurrence of any deferred purchase or acquisition price in connection with, Portfolio Investments (including by way of any equity commitment) and (iv) Guaranty Obligations incurred under or arising in connection with Portfolio Investments.

Limitation on Debt. (a) No Borrower Party Fund shall incur any indebtedness Indebtedness (as such term is used including the Obligations) in excess of the applicable Constituent Documents) to the extent it would violate limitations on Indebtedness contained in its respective Constituent Documents Governing Agreement as in effect on the Closing Date (or as amended in accordance with Section 9.04) or (without the leverage requirements applicable to a “business development company” under Sections 18 and 61 approval of the Investment Company Actapplicable advisory committee described therein); (b) no Fund Party shall otherwise incur any Indebtedness to the extent it would violate its respective Constituent Documents; and (bc) except as permitted in Section 9.02, no Borrower Fund Party may incur any Indebtedness secured by the Collateral. Notwithstanding anything to the contrary, this Credit Agreement and the other Loan Documents shall permit (i) accrued management, incentive and other fees, (ii) obligations under Swap Contracts not entered into for speculative purposes, (iii) commitments to purchase or make Portfolio Investments and any commitment or incurrence of any deferred purchase or acquisition price in connection with, Portfolio Investments (including by way of any equity commitment) and (iv) Guaranty Obligations incurred under or arising in connection with Portfolio Investments.

Limitation on Debt. (a) No Borrower Party Fund shall incur any indebtedness Indebtedness (as such term is used including the Obligations) in excess of the applicable Constituent Documents) to the extent it would violate limitations on Indebtedness contained in its respective Constituent Documents Governing Agreement as in effect on the Closing Amendment No. 4 Effective Date (or as amended in accordance with Section 9.04) or (without the leverage requirements applicable to a “business development company” under Sections 18 and 61 approval of the Investment Company Actapplicable advisory committee described therein); (b) no Fund Party shall otherwise incur any Indebtedness to the extent it would violate its respective Constituent Documents; and (bc) except as permitted in Section 9.02, no Borrower Fund Party may incur any Indebtedness secured by the Collateral. Notwithstanding anything to the contrary, this Credit Agreement and the other Loan Documents shall permit (i) accrued management, incentive and other fees, (ii) obligations under Swap Contracts not entered into for speculative purposes, (iii) commitments to purchase or make Portfolio Investments and any commitment or incurrence of any deferred purchase or acquisition price in connection with, Portfolio Investments (including by way of any equity commitment) and (iv) Guaranty Obligations incurred under or arising in connection with Portfolio Investments.

Limitation on Debt. (a) No Borrower Fund Party shall incur any indebtedness Financings (as such term is used defined in the applicable Constituent DocumentsGoverning Agreement) to the extent it would (i) violate its respective Constituent Documents (or other Governing Agreements) as in effect on the Closing Date (or as amended in accordance with Section 9.04) or (ii) fail to comply with the leverage applicable asset coverage requirements applicable to a “business development company” under set forth in Sections 18 and 61 of the Investment Company Act; and and (b) except as permitted in Section 9.02, no Borrower Fund Party may incur any Indebtedness secured by indebtedness other than the CollateralObligations. Notwithstanding anything to the contrary, this Credit Agreement and the other Loan Documents shall permit permit, among other things, (i) accrued management, incentive and other fees, (ii) obligations under Swap Contracts not entered into for speculative purposes, (iii) commitments to purchase or make Portfolio Investments and any commitment or incurrence of any deferred purchase or acquisition price in connection with, Portfolio Investments (including by way of any equity commitment) and (iv) Guaranty Obligations incurred under or arising in connection with Portfolio Investments.

Limitation on Debt. (a) No Borrower Party Fund shall incur any indebtedness Indebtedness (as such term is used including the Obligations) in excess of the applicable Constituent Documents) to the extent it would violate limitations on Indebtedness contained in its respective Constituent Documents Governing Agreement as in effect on the Closing Amendment No. 5 Effective Date (or as amended in accordance with Section 9.04) or (without the leverage requirements applicable to a “business development company” under Sections 18 and 61 approval of the Investment Company Actapplicable advisory committee described therein); (b) no Fund Party shall otherwise incur any Indebtedness to the extent it would violate its respective Constituent Documents; and (bc) except as permitted in Section 9.02, no Borrower Fund Party may incur any Indebtedness secured by the Collateral. Notwithstanding anything to the contrary, this Credit Agreement and the other Loan Documents shall permit (i) accrued management, incentive and other fees, (ii) obligations under Swap Contracts not entered into for speculative purposes, (iii) commitments to purchase or make Portfolio Investments and any commitment or incurrence of any deferred purchase or acquisition price in connection with, Portfolio Investments (including by way of any equity commitment) and (iv) Guaranty Obligations incurred under or arising in connection with Portfolio Investments.