Common use of Settlement Date Basis Clause in Contracts

Settlement Date Basis. For purposes of this Agreement, all determinations of whether an investment is to be included as a Portfolio Investment shall be determined on a settlement-date basis (meaning that any investment that has been purchased will not be treated as a Portfolio Investment until such purchase has settled, and any Portfolio Investment which has been sold will not be excluded as a Portfolio Investment until such sale has settled); provided that, no such investment shall be included as a Portfolio Investment to the extent it has not been paid for in full. For the avoidance of doubt, the Value of any Portfolio Investment determined in accordance with this Section 5.12, including any Value determined on a settlement-date basis in accordance with the foregoing sentence, shall be the Value of such Portfolio Investment for purposes of this Agreement until a new Value for such Portfolio Investment is subsequently determined in good faith in accordance with this Section 5.12.

Appears in 2 contracts

Sources: Senior Secured Term Loan Credit Agreement (American Capital, LTD), Senior Secured Term Loan Credit Agreement (American Capital, LTD)

Settlement Date Basis. For purposes of this Agreement, all determinations of whether an investment is to be included as a Portfolio Investment shall be determined on a settlement-date basis (meaning that any - 63 - investment that has been purchased will not be treated as a Portfolio Investment until such purchase has settled, and any Portfolio Investment which has been sold will not be excluded as a Portfolio Investment until such sale has settled); provided that, no such investment shall be included as a Portfolio Investment to the extent it has not been paid for in full. For the avoidance of doubt, the Value of any Portfolio Investment determined in accordance with this Section 5.12, including any Value determined on a settlement-date basis in accordance with the foregoing sentence, shall be the Value of such Portfolio Investment for purposes of this Agreement until a new Value for such Portfolio Investment is subsequently determined in good faith in accordance with this Section 5.12.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (American Capital, LTD)