Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 122 contracts
Samples: Purchase Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)
Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 22 contracts
Samples: Registration Rights Agreement (Sixth Street Lending Partners), Administration Agreement (Sixth Street Specialty Lending, Inc.), Underwriting Agreement (Sixth Street Specialty Lending, Inc.)
Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 14 contracts
Samples: Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp), Underwriting Agreement (Owl Rock Capital Corp)
Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.
Appears in 9 contracts
Samples: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)
Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.
Appears in 9 contracts
Samples: Underwriting Agreement (Garrison Capital Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)
Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act Investment Company Act, as applicable to business development companies, and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.
Appears in 1 contract
Samples: Underwriting Agreement (Brantley Mezzanine Capital Corp)
Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act Act, as applicable to business development companies and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Blackridge Investment Corp
Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
Samples: Purchase Agreement (Tortoise Capital Resources Corp)
Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)
Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Appears in 1 contract
