Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.
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Samples: Subscription Agreement (Overland Advantage), Subscription Agreement (Kennedy Lewis Capital Co), Subscription Agreement (Stone Point Capital Credit LLC)
Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.. FOR ALL SUBSCRIBERS
Appears in 3 contracts
Samples: Subscription Agreement (Stone Point Credit Corp), Subscription Agreement (Stone Point Credit Corp), Subscription Agreement (Crescent Capital BDC, Inc.)
Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company BDC under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development companyBDC.
Appears in 1 contract
Samples: Subscription Agreement (Comvest Credit Partners BDC Fund, L.P.)
Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a “business development company company” under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a company that has elected to be regulated as a business development companycompany under the Investment Company Act.
Appears in 1 contract
Samples: Transfer and Assignment Agreement (Muzinich & Co., Inc.)
Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company 1940 Act; (ii) has not elected to be regulated as a business development company under the Investment Company Actcompany; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company 1940 Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.. FOR ALL SUBSCRIBERS
Appears in 1 contract
Samples: Subscription Agreement (Muzinich Corporate Lending Income Fund, Inc.)
Prohibited Categories. The Subscriber: (i) is not registered as an investment company under the Investment Company Act; (ii) has not elected to be regulated as a business development company under the Investment Company Act; and (iii) either (A) is not relying on the exception from the definition of “investment company” under the Investment Company Act set forth in Section 3(c)(1) or 3(c)(7) thereunder or (B) is otherwise permitted to acquire and hold more than 3% of the outstanding voting securities of a business development company.. FOR ALL SUBSCRIBERS
Appears in 1 contract
