Small Business Investment Company Matters. SBIC Act. The provisions of this Agreement must be interpreted to the fullest extent possible in a manner consistent with the SBIC Act. If any provision of this Agreement conflicts with any provision of the SBIC Act (including, without limitation, any conflict with respect to the rights of SBA or the respective Partners under this Agreement), the provisions of the SBIC Act will control. Consent or Approval of, and Notice to, SBA. The requirements of the prior consent or approval of, and notice to, SBA in this Agreement will be in effect at any time that the Partnership is licensed as an SBIC or has Outstanding Leverage. These requirements will not be in effect if the Partnership is not licensed as an SBIC and does not have any Outstanding Leverage.27 Except as provided in the SBIC Act28, a consent or approval required to be given by SBA under this Agreement will be deemed given and effective for purposes of this Agreement only if the consent or approval is: given by SBA in writing, and delivered by SBA to the party requesting the consent or approval in the manner provided for notices to such party under Error: Reference source not found. Provisions Required by the SBIC Act for Issuers of Debentures.29 The provisions of 13 C.F.R. § 107.1810(i) are incorporated by reference in this Agreement as if fully stated in this Agreement. The Partnership and the Partners consent to the exercise by SBA of all of the rights of SBA under 13 C.F.R. § 107.1810(i), and agree to take all actions that SBA may require in accordance with 13 C.F.R. § 107.1810(i). This Section will be in effect at any time that the Partnership has outstanding Debentures, and will not be in effect at any time that the Partnership does not have outstanding Debentures. Nothing in this Section may be construed to limit the ability or authority of SBA to exercise its regulatory authority over the Partnership as a licensed small business investment company under the SBIC Act.
Small Business Investment Company Matters. The Company shall deliver to Purchaser a letter (the "SMALL BUSINESS SIDE LETTER") relating to the Company's compliance with certain matters related to investments in the Company by a small business investment company that is licensed by the U.S. Small Business Administration.
Small Business Investment Company Matters. 25 Section 4.01 SBIC Act. 25 Section 4.02 Consent or Approval of, and Notice to, SBA. 25
Small Business Investment Company Matters. 4 4.1. Provisions Required by the SBIC Act for Issuers of Debentures 4 4.2. SBA as Third Party Beneficiary 5 4.3. Representations of Members 5 4.4. Notices With Respect to Representations by Members 6
Small Business Investment Company Matters. The SBA shall be deemed an express third party beneficiary of the provisions of the Agreement (including, without limitation, this Annex) to the extent of the rights of the SBA thereunder and under the Act, and the SBA shall be entitled to enforce such provisions for its benefit, as if the SBA were a party thereto.
Small Business Investment Company Matters. ...4 4.1. Provisions Required by the SBIC Act for Issuers of Debentures...4 4.2.
Small Business Investment Company Matters. Section 4.01 SBIC Act 21 Section 4.02 Consent or Approval of, and Notice to, SBA 21 Section 4.03 Provisions Required by the SBIC Act for Issuers of Debentures 22 Section 4.04 Effective Date of Incorporated SBIC Act Provisions 22 Section 4.05 SBA as Third Party Beneficiary 23 Section 4.06 Interest of the General Partner After Withdrawal 23
Small Business Investment Company Matters. Each Investor ----------------------------------------- executing this Agreement agrees to cooperate with the Company in all reasonable respects in complying with the terms and provisions of the letter agreement between the Company and Chase Venture Capital Associates, L.P. ("CVCA"), a copy ---- of which is attached hereto as Exhibit B, regarding small business matters (the --------- "Small Business Sideletter"); provided, however, that no Holder shall be ------------------------- required under this Section 6.1 to take any action that would adversely affect in any material respect such Holder's rights under this Agreement or as a stockholder of the Company.
Small Business Investment Company Matters. (a) Proceeds of the Term Loan will be used solely as permitted pursuant to Section 2.6 hereof.
Small Business Investment Company Matters. 6.1 Provisions Required by the SBIC Act for Issuers of Debentures 17 6.2 SBA as Third-party Beneficiary 18 6.3 Representations of Limited Partners 18 6.4 Notices and Information with respect to Representations by Limited Partners 18 6.5 Representations of General Partner 19 ARTICLE VII
