Portfolio Investments. The Borrower has not authorized the filing of and is not aware of any financing statements against the Borrower that include a description of collateral covering the Portfolio Investments other than any financing statement that has been terminated and financing statements naming the Administrative Agent for the benefit of the Secured Parties as secured party. The Borrower is not aware of the filing of any judgment or tax Lien filings against the Borrower. Each Portfolio Investment was originated or acquired without any fraud or material misrepresentation by the Borrower or, to the best of the Borrower’s knowledge, on the part of the Obligor.
Portfolio Investments. Notwithstanding the foregoing provisions of this Section:
Portfolio Investments. On each Reporting Date immediately following the filing by the Borrower of a Form 10-K or Form 10-Q with the SEC, a schedule of investments on the financial statements of the Borrower.
Portfolio Investments. The Borrower has not authorized the filing of and is not aware of any financing statements against the Borrower that include a description of collateral covering the Portfolio Investments other than any financing statement that has been terminated, financing statements naming the Administrative Agent for the benefit of the Secured Parties as secured party and financing statements covering assets transferred to an SPV Subsidiary as permitted by Section 5.17. The Borrower is not aware of the filing of any judgment or tax Lien filings against the Borrower. Each Portfolio Investment was originated without any fraud or material misrepresentation by the Borrower or, to the best of the Borrower’s knowledge, on the part of the Obligor.
Portfolio Investments. Except as otherwise provided in this Section 4 and subject to the requirements of the Loan Agreement, the Operating Agreement and applicable law, the Investment Manager may cause the Company (which term shall include, for all purposes relating to the purchase and sale of Portfolio Investments and the duties and obligations of the Investment Manager set forth in Section 1 hereof, the Company and its consolidated subsidiaries, if any) from time to time to purchase Portfolio Investments.
Portfolio Investments. (a) Subject to the disclosure and reporting requirements contained in Article X or elsewhere in this Agreement, except as any Member may be entitled to under applicable law, the Investment Adviser may keep confidential from the Members any information known by the Investment Adviser relating to investments made or being considered by the Company.
Portfolio Investments. As soon as available, and in any event within sixty (60) days after the close of each fiscal quarter of Borrower, a report in a form reasonably satisfactory to Administrative Agent describing (i) each Portfolio Investment made during such fiscal quarter and (ii) any transfer of any Portfolio Investment during such fiscal quarter to another legal entity in which Borrower has acquired a direct or indirect interest. Such report shall be accompanied by a Direction Letter for each such Portfolio Investment made in a Portfolio Investment Entity that is not controlled by Borrower or affiliates of Borrower and shall include a description of any such Portfolio Investment, and such other information as reasonably requested by Administrative Agent. Except as provided in Section 3.2(e), each such Portfolio Investment shall, subject to any Permitted Liens, automatically become a part of the Collateral hereunder and shall be subject to the terms and provisions of this Agreement and any other applicable Credit Document, including without limitation Section 3.2 of this Agreement.
Portfolio Investments. 44 Section 4.23 Acquisition of Shares for Investment............................... 44 Section 4.24
Portfolio Investments. All investments included in the investment portfolios of each of the Insurance Companies as of the date of this Agreement comply with all Laws applicable to the Insurance Companies, except as would not reasonably be expected to have a Business Material Adverse Effect. Except as set forth in Section 4.22 of the Sellers Disclosure Letter, as of December 31, 2004, none of the material investments included in the investment portfolios of the Insurance Companies is in material default in the payment of principal or interest or dividends.
Portfolio Investments. Schedule 3.9 (i) is a complete and correct list of all Portfolio Investments owned by the Company and its Subsidiaries on the date hereof and (ii) identifies Portfolio Investments which are not included in the Collateral on the date hereof.
