Common use of Origination Fees Clause in Contracts

Origination Fees. The Fund shall, except to the extent the Adviser determines such sharing could cause the Fund to fail to satisfy any requirement for qualification as a regulated investment company under Subchapter M of the Code, receive its pro-rata share, measured by the amount invested or proposed to be invested by the investors in any Investment, of any origination, structuring, or similar fees normally payable to lenders or structurers as compensation for services (“Origination or Similar Fees”) payable with respect to any Investment, whether or not any other investment funds or accounts for which the Adviser or its affiliated persons acts as investment adviser share in such fees. Notwithstanding anything herein, in the Declaration or in any other document to the contrary, to the extent that any Origination or Similar Fees with respect to the Fund’s share of such Investment are paid to the Adviser or any of its affiliated persons as additional compensation, such amount shall be reimbursed to the Fund unless the exception to the preceding sentence is in effect, in which case such amount shall be paid to the other accounts participating in such Investment or returned to the party paying such Origination or Similar Fees.