Managerial Assistance. The Investment Manager will, to the extent such services are not otherwise provided or procured on the Company’s behalf by the Administrator, provide significant managerial assistance to those portfolio companies of the Company that request such assistance from the Company and to which the Company agrees to provide such services pursuant to the Investment Company Act; provided, however, that any reasonable out-of-pocket fees and expenses actually incurred by the Investment Manager in connection therewith (exclusive of the compensation of any investment professionals of the Investment Manager) shall be subject to reimbursement by the Company pursuant to Section 3.4 of this Agreement.
Managerial Assistance. Buyer shall provide managerial Assistance to Issuer, in the form of professional consultation and advice, but Buyer shall not manage the day to day operations of Issuer, who shall remain operationally autonomous. Buyer and Issuer shall not consolidate financial statements.
Managerial Assistance. During the Term and so long as any --------------------- obligations under this Lease remain outstanding:
Managerial Assistance. Borrower acknowledges that Xxxxxx has elected to be regulated as a business development company under the 1940 Act, and as such is required to make available significant managerial assistance to its portfolio companies. Significant managerial assistance may include, but is not limited to, guidance and counsel concerning the portfolio company’s management, operations, business objectives and policies, arrangement of financing, management of relationships with financing sources, recruitment of management personnel and evaluation of acquisition and divestiture opportunities. Borrower hereby acknowledges and agrees that it may request such assistance at any time from Lender by contacting xxxxx@xxxx.xxx.
Managerial Assistance. Borrower acknowledges that Hercules Capital, Inc. has elected to be regulated as a business development company under the 1940 Act, and as such is required to make available significant managerial assistance to its portfolio companies. Significant managerial assistance may include, but is not limited to, guidance and counsel concerning the portfolio company’s management, operations, business objectives and policies, arrangement of financing, management of relationships with financing sources, recruitment of management personnel and evaluation of acquisition and divestiture opportunities. Borrower hereby acknowledges and agrees that it may request such assistance at any time from Hercules Capital, Inc. by contacting xxxxx@xxxx.xxx.
Managerial Assistance. The Borrower acknowledges that Alcentra is a Business Development Company under the Investment Company Act (in such capacity, “BDC Purchaser”). BDC Purchaser will make available significant managerial assistance to the Borrower as required by the Investment Company Act. As such, BDC Purchaser’s officers, directors and employees are available to provide the Borrower with guidance and counsel with respect to various management concerns, including operations or business objectives, implementing best practices and policies, selective participation in board and management meetings (to the extent BDC Purchaser does not already have a board observer position in connection with the financing), consulting with the Borrower’s officers and executives on significant management matters, reviewing proposed annual budgets and operating plans or providing other organizational and financial guidance. In connection with providing such managerial assistance, BDC Purchaser may need to examine the books and records of the Borrower and inspect its facilities at reasonable times and intervals concerning the general status of the Borrower’s financial condition and operations, provided that access to confidential proprietary information and facilities need not be provided. BDC Purchaser agrees that any confidential information provided to or learned by it in connection with providing such managerial assistance shall be kept in confidence in keeping with the confidentiality provisions set forth herein.
Managerial Assistance. The Borrowers acknowledge that Triangle and Alcentra are each a Business Development Company under the Investment Company Act (Triangle and Alcentra, together with any other Lender qualifying as a Business Development Company, a “BDC Purchaser”). Each BDC Purchaser will make available significant managerial assistance to the Borrowers as required by the Investment Company Act. As such, each BDC Purchaser’s officers, directors and employees are available to provide the Borrowers with guidance and counsel with respect to various management concerns, including operations or business objectives, implementing best practices and policies, selective participation in board and management meetings (to the extent such BDC Purchaser does not already have a board observer position in connection with the financing), consulting with the Borrowers’ officers and executives on significant management matters, reviewing proposed annual budgets and operating plans or providing other organizational and financial guidance. In connection with providing such managerial assistance, each BDC Purchaser may need to examine the books and records of the Borrowers and inspect its facilities at reasonable times and intervals concerning the general status of the Borrowers’ financial condition and operations, provided that access to confidential proprietary information and facilities need not be provided. Each BDC Purchaser agrees that any confidential information provided to or learned by it in connection with providing such managerial assistance shall be kept in confidence in keeping with the confidentiality provisions set forth herein.
Managerial Assistance. Borrower acknowledges that Hercules Capital, Inc. has elected to be regulated as a business development company under the 1940 Act, and as such is required to make available significant managerial assistance to its portfolio companies. Significant managerial assistance may include, but is not limited to, guidance and counsel concerning the portfolio company’s management, operations, business objectives and policies, arrangement of financing, management of relationships with financing sources, recruitment of management personnel and evaluation of acquisition and divestiture opportunities. Borrower hereby Certain information marked as [***] has been excluded from this exhibit because it is both (i) not material and (ii) the type that the Registrant treats as private or confidential. acknowledges and agrees that it may request such assistance at any time from Hercules Capital, Inc. by contacting [***].
