Compliance with Applicable Law; Permits. (a) Each of the Company and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the Company. The Company has not received any written or, to the Company’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to the Company and its Consolidated Subsidiaries, taken as a whole. The Company has operated in compliance with all listing standards of NYSE since the Applicable Date other than as would not, individually or in the aggregate, reasonably be expected to be material to the Company and its Consolidated Subsidiaries, taken as a whole.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MidCap Financial Investment Corp), Agreement and Plan of Merger (MidCap Financial Investment Corp)
Compliance with Applicable Law; Permits. (a) Each of the Company GCIC and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the CompanyGCIC. The Company GCIC has not received any written or, to the CompanyGCIC’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to the Company GCIC and its Consolidated Subsidiaries, taken as a whole. The Company has operated GCIC is, and was, fully qualified to sell shares of GCIC Common Stock in compliance with all listing standards of NYSE since the Applicable Date each jurisdiction in which such shares were registered and sold, other than as would not, individually or in the aggregate, reasonably be expected to be material have a Material Adverse Effect with respect to the Company and its Consolidated Subsidiaries, taken as a wholeGCIC.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (GOLUB CAPITAL INVESTMENT Corp)
Compliance with Applicable Law; Permits. (a) Each of the Company FSIC II and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the CompanyFSIC II. The Company FSIC II has not received any written or, to the CompanyFSIC II’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to the Company FSIC II and its Consolidated Subsidiaries, taken as a whole. The Company has operated FSIC II was fully qualified to sell shares of FSIC II Common Stock in compliance with all listing standards each jurisdiction in which such shares were registered and sold as of NYSE since the time of the sale of the Applicable Date Common Stock, other than as would not, individually or in the aggregate, reasonably be expected to be material have a Material Adverse Effect with respect to the Company and its Consolidated Subsidiaries, taken as a wholeFSIC II.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FS Investment Corp III), Agreement and Plan of Merger (Corporate Capital Trust II)
Compliance with Applicable Law; Permits. (a) Each of the Such Company and each of its Consolidated Subsidiaries is in compliance, and has been operated in compliance, in all material respects, with all applicable Laws, including, if and to the extent applicable, the Investment Company Act, the Securities Act and the Exchange Act other than as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the such Company. The Such Company has not received any written or, to the such Company’s knowledge, oral notification from a Governmental Entity of any material non-compliance with any applicable Laws, which non-compliance would, individually or in the aggregate, reasonably be expected to be material to the such Company and its Consolidated Subsidiaries, taken as a whole. The Such Company has operated in compliance with all listing standards of NYSE since was fully qualified to sell the Applicable Date Common Shares in each jurisdiction in which such shares were registered and sold as of the time of the sale of the Applicable Common Stock, other than as would not, individually or in the aggregate, reasonably be expected to be material have a Material Adverse Effect with respect to the Company and its Consolidated Subsidiaries, taken as a wholesuch Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corporate Capital Trust II), Agreement and Plan of Merger (FS Investment Corp III)
