FSIC III definition
Examples of FSIC III in a sentence
Neither FSIC II nor FSIC III may at any time as a result of a reallocation under this clause (iii) hold Subcommitments in excess of 65% of the total Commitments hereunder unless such Borrower is the Surviving Borrower in a Borrower Merger.
In rendering such opinion, counsel may require and rely upon customary representations contained in certificates of officers of FSIC III and FSIC II.
FSIC II shall also use its reasonable best efforts to obtain all necessary state securities Law or “blue sky” permits and approvals required to carry out the Transactions, if any, and FSIC III, FSIC IV and CCT II shall each use reasonable best efforts to furnish all information concerning it and the holders of its securities as may be reasonably requested by FSIC II in connection with any such action.
FSIC II or the Paying and Exchange Agent, as applicable, shall be entitled to deduct and withhold from amounts payable pursuant to this Agreement to any holder of CCT II Common Shares, FSIC III Common Shares or FSIC IV Common Shares such amounts as it determines in good faith are required to be deducted and withheld with respect to the making of such payment under the Code, or under any provision of state, local or foreign Tax Law.
CCT II, FSIC III, FSIC IV and FSIC II shall use reasonable best efforts to cause the Joint Proxy Statement/Prospectus to be promptly mailed or delivered to their respective stockholders upon such effectiveness.
None of FSIC II, Merger Sub 1, Merger Sub 2, Merger Sub 3, FSIC III, FSIC IV or CCT II may rely on the failure of any condition set forth in this Article VIII to be satisfied to excuse performance by such party of its obligations under this Agreement if such failure was caused by such party’s failure to act in good faith or to use its commercially reasonable efforts to consummate Merger 1A, Merger 2A or Merger 3A, as the case may be, and the Transactions related thereto.
Neither FSIC II, FSIC III, FSIC IV nor CCT II will take any action that would cause the Transactions to be subject to requirements imposed by any Takeover Statutes.
The Expense Payment for any calendar quarter shall be paid by FSH to the Company in any combination of cash or other immediately available funds, and/or offset against amounts due from the Company to FSH or FSIC III Advisor, no later than the earlier of (i) the date on which the Company closes its books for such calendar quarter and (ii) forty-five days after the end of such calendar quarter.
To the knowledge of the Joint Advisor, as of the date hereof, the representations and warranties made by CCT II, FSIC III and FSIC IV in Article III and the representations and warranties made by FSIC II in Article IV are true and correct in all material respects.
In such case, no fractional share of FSIC II Common Stock shall be issued upon the conversion of the applicable FSIC III Common Shares pursuant to Section 1.5(a), CCT II Common Shares pursuant to Section 1.5(c) or FSIC IV Common Shares pursuant to Section 1.5(e), and such fractional share interests shall not entitle the owner thereof to vote or to any rights of a holder of FSIC II Common Stock.