The Investment Company Act. Borrower is not an "investment company", or an entity "controlled by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
The Investment Company Act. The Lead Arranger intends to commence syndication efforts promptly upon your acceptance of this Commitment Letter. You agree to actively assist the Lead Arranger in achieving a syndication of the Facility Increase and approval of the Amendment satisfactory to BAS (it being understood that the successful syndication (as defined in the Fee Letter) of the Facility Increase and the approval of the Amendment shall not be a condition precedent to Bank of America’s commitment provided herein). Such assistance shall include (a) your providing and causing your advisors to provide Bank of America, BAS and the other Lenders upon request with all information reasonably available to you or your advisors that is reasonably deemed necessary by Bank of America and BAS to complete syndication and approval of the Amendment; (b) your using commercially reasonable efforts to ensure that the syndication efforts of the Lead Arranger benefit from your existing banking relationships and (c) otherwise using commercially reasonable efforts to assist Bank of America and BAS in their syndication efforts to the extent reasonably requested by them, including by making your senior management and advisors available from time to time on reasonable notice to attend or make presentations regarding the business and prospects of the Borrower and its subsidiaries at one or more meetings of prospective Additional Lenders. It is understood and agreed that the Lead Arranger will manage and control all aspects of the syndication, in consultation with you, including decisions as to the selection of prospective Additional Lenders (who shall be reasonably acceptable to you), when commitments will be accepted and the final allocations of the commitments among the Additional Lenders. It is understood that no Additional Lender participating in the Facility Increase will receive compensation from you in order to obtain its commitment, except on the terms contained herein. It is also understood and agreed that the amount and distribution of the fees among the Additional Lenders will be at the sole and absolute discretion of Bank of America and BAS. You hereby represent, warrant and covenant that (a) all information, other than Projections (defined below), which has been or is hereafter made available to Bank of America, BAS or the Lenders by you or any of your representatives (or on your or their behalf) in connection with the transactions contemplated hereby (the “Information”), when taken as a whole, is...
