Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 7 contracts
Sources: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Gladstone Companies, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ days written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.
Appears in 7 contracts
Sources: Investment Advisory Agreement (Priority Income Fund, Inc.), Investment Advisory Agreement (Priority Income Fund, Inc.), Investment Advisory Agreement (Pathway Energy Infrastructure Fund, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenEffective Date. This Agreement shall remain in effect for two yearsyears from the Effective Date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Paragraph 3 through the date of termination or expiration.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Oaktree Strategic Income Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Golub Capital BDC 4 LLC), Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Investment Advisory Agreement (Golub Capital Direct Lending LLC)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board, or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Chicago Atlantic BDC, Inc.), Investment Advisory Agreement (Silver Spike Investment Corp.), Investment Advisory Agreement (Altmore BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable NASDAQ Global Select Market listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of persons holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereofthereof as well as any amounts under Section 3 hereof through the date of termination, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 4 contracts
Sources: Investment Advisory Agreement (Alcentra Capital Corp), Investment Advisory Agreement (Alcentra Capital Corp), Investment Advisory Agreement (Alcentra Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 4 contracts
Sources: Investment Advisory Agreement (Garrison Capital Inc.), Investment Advisory Agreement (Garrison Capital LLC), Investment Advisory Agreement (Garrison Capital LLC)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Fund or by the vote of the Fund’s Trustees or by the Adviser. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (bB) the vote of a majority of the CorporationFund’s Directors Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 4 contracts
Sources: Investment Advisory Agreement (Opportunistic Credit Interval Fund), Investment Advisory Agreement (Opportunistic Credit Interval Fund), Investment Advisory Agreement (Opportunistic Credit Interval Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenJuly 1, 2023. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 4 contracts
Sources: Merger Agreement (GOLUB CAPITAL BDC, Inc.), Merger Agreement (Golub Capital BDC 3, Inc.), Investment Advisory Agreement (GOLUB CAPITAL BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 3 contracts
Sources: Investment Advisory Management Agreement (Apollo Investment Corp), Investment Advisory Management Agreement (Pennantpark Investment Corp), Investment Advisory Management Agreement (Pennant Investment CORP)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s directors or by the Adviser. The provisions of Section 10 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Company’s election to be regulated as a BDC under the Investment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Advisory and Management Agreement (TPG Specialty Lending, Inc.), Investment Advisory and Management Agreement (TPG Specialty Lending, Inc.), Investment Advisory and Management Agreement (TPG Specialty Lending, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s Directors or by the Adviser. The provisions of Section 8 of this Agreement shall remain in effect for two yearsfull force and effect, and thereafter the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Advisory and Management Agreement (Solar Capital Ltd.), Investment Advisory and Management Agreement (Solar Capital Ltd.), Investment Advisory and Management Agreement (Solar Capital Ltd.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenEffective Date. This Agreement shall remain in effect for two yearsuntil September 30, 2021, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Paragraph 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Strategic Income Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 3 contracts
Sources: Investment Advisory Management Agreement (Pennantpark Investment Corp), Investment Advisory Management Agreement (Pennantpark Investment Corp), Investment Advisory Management Agreement (Pennantpark Investment Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation and (bii) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. .
(b) This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). .
(c) The provisions of Paragraph Section 8 of this Agreement and the other Indemnified Parties shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Management Agreement, Investment Management Agreement (Evercore Investment Corp), Investment Management Agreement (Evercore Investment Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Advisory and Management Agreement (Gladstone Capital Corp), Investment Advisory and Management Agreement (Gladstone Capital Corp), Investment Advisory and Management Agreement (Gladstone Investment Corporation\de)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears after such date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by by
(a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation and Corporation, and
(b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyparty to this Agreement, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, (i) the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and (ii) the obligations set forth in Sections 8 and 9 shall survive the termination of this Agreement.
Appears in 3 contracts
Sources: Investment Advisory and Management Agreement (Rand Capital Corp), Investment Advisory and Management Agreement (Rand Capital Corp), Investment Advisory and Management Agreement
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 3 contracts
Sources: Investment Advisory Agreement (Oxford Lane Capital Corp.), Investment Advisory Agreement (Iron Leaf Capital CORP), Investment Advisory Agreement (Iron Leaf Capital CORP)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 3 contracts
Sources: Investment Advisory Agreement (TriplePoint Global Venture Credit, LLC), Investment Advisory Agreement (TriplePoint Venture Growth BDC Corp.), Investment Advisory Agreement (TriplePoint Venture Growth BDC Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, ; provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 3 contracts
Sources: Investment Advisory Agreement (WhiteHorse Finance, Inc.), Investment Advisory Agreement (WhiteHorse Finance, LLC), Investment Advisory Agreement (WhiteHorse Finance, LLC)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as set forth in this Section 9, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. .
(c) This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ days written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. .
(d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). .
(e) The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (NeXt BDC Capital Corp.), Investment Advisory Management Agreement (Solar Senior Capital Ltd.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year after such date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by by
(a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation and and
(b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyparty to this Agreement, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement hereof shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 hereof through the date of termination or expirationexpiration and Section 8 hereof shall continue in full force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory and Management Agreement (Ares Management Lp), Investment Advisory and Management Agreement (Ares Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (26North BDC, Inc.), Investment Advisory Agreement (26North BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Fund or by the vote of the Fund’s directors or by the Adviser. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the affirmative vote of a majority of the outstanding voting securities of the Corporation Fund and (bB) the vote of a majority of the CorporationFund’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Poolit Horizon Fund I, Inc.), Investment Advisory Agreement (Poolit Imagine Fund I, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above writtenhereof (the “Effective Date”). This Agreement may be terminated at any time, without the payment of any penalty, on 60 days’ written notice by the Fund, by the vote of a majority of the outstanding voting securities of the Fund (as defined by the Investment Company Act) or by the vote of the Fund’s trustees or on 120 days’ written notice by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Sections 2 or 5 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the Effective Date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (bii) the vote of a majority of the CorporationFund’s Directors Board of Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Management Agreement (Apollo Origination II (L) Capital Trust), Investment Advisory Management Agreement (Apollo Origination II (UL) Capital Trust)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsCompany's Board, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the Corporation’s Directors Company's directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Company's directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Fifth Street Asset Management Inc.), Investment Advisory Agreement (Fifth Street Senior Floating Rate Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Upon termination of this Agreement, the Company shall immediately delete the term “▇▇▇▇ Capital” from its corporate name. The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.), Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004, was amended and restated on March 18, 2010, was amended and restated on May 17, 2018 and was also amended and restated on August 8, 2018. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Management Agreement (MidCap Financial Investment Corp), Investment Advisory Management Agreement (Apollo Investment Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Trustees or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 sixty (60) days’ written noticenotice by the Fund, by the vote of a majority of the outstanding voting securities of the Corporation, Fund or by the vote of the CorporationFund’s Directors Trustees or upon sixty (60) days’ written notice by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Golub Capital Private Income Fund I), Investment Advisory Agreement (Golub Capital Private Income Fund S)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall Effective Date and remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Except with the consent of the Advisor, upon termination of this Agreement, the Company shall immediately delete the term “Crescent” from its corporate name and not incorporate Crescent as part of any subsequent name. The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 2 and Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in full force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Crescent Capital BDC, Inc.), Investment Advisory Agreement (Crescent Reincorporation Sub, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any timeupon 60 days’ written notice, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Board of Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsuntil March 1, 2012, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Fifth Street Asset Management Inc.), Investment Advisory Agreement (Fifth Street Finance Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 7 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Pacesetter Capital Corp.), Investment Advisory Agreement (T-Equity Capital Corp.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. written (the “Effective Date”).
(b) This Agreement shall remain continue in effect for two yearsyears from the Effective Date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund (as defined in the 1940 Act) and (bB) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, Independent Trustees in accordance with the requirements of the Investment Company 1940 Act. This ; and
(c) The Agreement may be terminated at any time, without the payment of any penalty, upon 60 sixty (60) days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the Corporation’s Directors Board of Trustees or by the Adviser. .
(d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). .
(e) The provisions of Paragraph 8 Sections 3, 8, and 14 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Sections 3 and 4 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and each indemnitee as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Management Agreement (TPG Private Markets Fund), Investment Management Agreement (Morgan Stanley Private Markets & Alternatives Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Golub Capital BDC, Inc.), Investment Advisory Agreement (Golub Capital BDC LLC)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory and Management Agreement (Gladstone Companies, Inc.), Investment Advisory and Management Agreement (Gladstone Capital Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s Directors or by the Adviser. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Capitala Finance Corp.), Investment Advisory Agreement (Full Circle Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004, was amended and restated on March 18, 2010 and was also amended and restated on May 17, 2018. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Management Agreement (Apollo Investment Corp), Investment Advisory Management Agreement (Apollo Investment Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, (i) by the Adviser, (ii) by the vote of a majority of the outstanding voting securities of the Fund, (iii) by the vote of the Fund’s directors, or (iii) by the Sub-Adviser. The provisions of Section 7 of this Agreement shall remain in full force and effect, and the Sub-Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Sub-Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 7 shall continue in force and effect and apply to the Sub-Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (bB) the vote of a majority of the CorporationFund’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Sub Advisory Agreement (Poolit Imagine Fund I, Inc.), Sub Advisory Agreement (Poolit Horizon Fund I, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act▇▇▇▇ ▇▇▇) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Investment Advisory Management Agreement (PennantPark Floating Rate Capital Ltd.), Investment Advisory Management Agreement (PennantPark Floating Rate Capital Ltd.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsyears after such date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of shareholders holding a majority of the outstanding voting securities of the Corporation Company, and (bii) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyparty to this Agreement, in accordance with the requirements of the Investment Company Act. .
(b) This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of shareholders holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Investment Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). .
(d) The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Investment Adviser and its representatives the other Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Investment Adviser shall be entitled to any amounts owed due and payable under Section 3 through the date of termination or expiration.
Appears in 2 contracts
Sources: Investment Advisory and Management Agreement (Saratoga Investment Corp.), Investment Advisory and Management Agreement (GSC Investment Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written[ ]. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 2 contracts
Sources: Merger Agreement (GOLUB CAPITAL BDC, Inc.), Merger Agreement (GOLUB CAPITAL INVESTMENT Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration. All fees and calculations contemplated hereunder, including those for the quarter ending June 30, 2020 and any period thereafter, shall be calculated as if this Agreement was effective as of April 1, 2020.
Appears in 2 contracts
Sources: Investment Advisory and Management Agreement (Gladstone Companies, Inc.), Investment Advisory and Management Agreement (Gladstone Capital Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above writtenEffective Date. This The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as set forth in this Section 9, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the Effective Date and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or and by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. .
(c) This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the Corporation’s Directors Board or by the Adviser. .
(d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Effectiveness, Duration and Termination of Agreement. a) This Agreement shall become effective as of the date first date above writtenwritten above. This Agreement may be terminated at any time, without the payment of any penalty, on 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s directors or by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
b) This Agreement shall continue in effect for two yearsyears from the date hereof, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Company’s election to be regulated as a BDC under the Investment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Owl Rock Technology Finance Corp.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the date first date above writtenwritten above. This Agreement may be terminated at any time, without the payment of any penalty, on 60 days' written notice by the Fund or the Adviser, and following the Fund's election to be treated as a BDC under the Investment Company Act, by the vote of a majority of the outstanding voting securities of the Fund (as defined by the Investment Company Act) or by the vote of a majority of the Independent Trustees. The provisions of Section 8 shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Sections 2 or 3 through the date of termination or expiration, and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the Effective Date and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund (within the meaning of Section 2(a)(42) of the Investment Company Act) and (bii) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyIndependent Trustees, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at Act and any timeapplicable guidance, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority interpretation or relief of the outstanding voting securities of the Corporation, SEC or by the vote of the Corporation’s Directors or by the Adviser. its staff.
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Ares Core Infrastructure Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” as defined by Nasdaq Marketplace Rule 4200(a)(15). This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (MediaTech Investment Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Golub Capital BDC LLC)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. .
(b) This Agreement shall remain continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. .
(c) This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ days written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. .
(d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). .
(e) The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereofthereof as and to the extent applicable, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Poliwogg Regenerative Medicine Fund, Inc.)
Effectiveness, Duration and Termination of Agreement. a) This Agreement shall become effective as of the date first date set forth above written(the “Effective Date”). This Agreement may be terminated at any time, without the payment of any penalty, on 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s directors or by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
b) This Agreement shall continue in effect for two yearsyears from the Effective Date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Blue Owl Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year after such date, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by by
(a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation and and
(b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyparty to this Agreement, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in full force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Ares Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsuntil February 1, 2018, and thereafter shall continue automatically for successive annual periodsperiods unless the Company, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested personsindependent directors” (as such term is defined in Section 2(a)(19) under the rules of the Investment Company Act) of any NASDAQ Stock Market or such party, in accordance with other securities market on which the requirements securities of the Investment Company Actare then traded) provides written notice of non-renewal at least 60 days prior to the scheduled expiration date. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written noticethe mutual agreement of (i) the Company, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the CorporationCompany’s Directors or by “independent directors,” and (ii) the Adviser. This Agreement will automatically terminate in may be terminated by the Company at any time upon providing the Adviser 120 days’ prior written notice, after the vote of at least two-thirds of the independent directors of the Company, for any reason. In the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) termination or non-renewal, the Company shall pay to the Adviser a termination fee equal to three times the sum of the Investment Company Act)average annual Base Management Fee and Incentive Fee earned by the Adviser during the 24-month period prior to the effective date of such termination. The provisions of Paragraph 8 Section 6 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (GLADSTONE LAND Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Garrison Capital Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years. Thereafter, and thereafter this Agreement shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the AdviserAdvisor. This Agreement will automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser Advisor (and its representatives officers, managers, partners, agents, employees, controlling persons, members and any other person or entity affiliated with the Advisor, including without limitation its general partner and the Administrator) shall remain entitled to the benefits thereof, notwithstanding any expiration or termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 as of and through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Blackridge Investment Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by by
(a) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation and and
(b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyparty to this Agreement, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in full force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Ares Capital Corp)
Effectiveness, Duration and Termination of Agreement. a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, on sixty (60) days’ written notice, by the vote of a majority of the Board or by a vote of the majority of the outstanding voting securities of the Company, in accordance with the requirements of the Investment Company Act, or by the Advisor. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Advisor shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
b) This Agreement shall continue in effect for two years, (2) years from the first date above written and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Form 10 registration statement filed with the Securities and Exchange Commission. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company 1940 Act) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives the other Indemnified Parties, as applicable, shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and the other Indemnified Parties as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Muzinich Corporate Lending Income Fund, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Oxford Park Income Fund, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Fifth Street Finance Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Trustees or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of the Company’s Trustees or by the Adviser, or, following the Company’s election to be treated as a BDC under the Investment Company Act, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the AdviserCompany. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Fortress Private Lending Fund)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the date first date above writtenwritten above. This Agreement may be terminated at any time, without the payment of any penalty, on 60 days’ written notice by the Fund, by the vote of a majority of the outstanding voting securities of the Fund (as defined by the Investment Company Act) or by the vote of the Fund’s trustees or on 120 days’ written notice by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Sections 2 or 5 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Fund’s election to be regulated as a BDC under the Investment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (bii) the vote of a majority of the CorporationFund’s Directors Board of Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement .
(d) (f) shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationapply.
Appears in 1 contract
Sources: Investment Advisory Management Agreement (Apollo Debt Solutions BDC)
Effectiveness, Duration and Termination of Agreement. a) This Agreement shall become effective as upon commencement of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActFund's operations. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 on sixty (60) days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Fund or by the vote of the Corporation’s Directors Fund's trustees or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
b) This Agreement shall continue in effect for two (2) years from the effective date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund and (B) the vote of a majority of the Fund's trustees who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act.
c) This Agreement will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act).
Appears in 1 contract
Sources: Investment Advisory Agreement (Blue Owl Alternative Credit Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Company or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (5C Lending Partners Corp.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This .
(b) Prior to the Closed-End Fund Conversion, this Agreement shall remain in effect unless and until (i) it is terminated by the mutual agreement of the parties hereto or (ii) the Fund is terminated under the LP Agreement.
(c) Following the Closed-End Fund Conversion:
(i) This Agreement shall continue in effect for two yearsyears from the date of the Closed-End Fund Conversion, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the CorporationFund’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund (as defined in the 1940 Act) and (bB) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, Independent Trustees in accordance with the requirements of the Investment Company 1940 Act. This ; and
(ii) The Agreement may be terminated at any time, without the payment of any penalty, upon 60 sixty (60) days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors Board of Trustees or by the Adviser. .
(d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). .
(e) The provisions of Paragraph 8 Sections 3, 8, and 15 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Sections 3 and 4 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and each Covered Person as and to the extent applicable.
Appears in 1 contract
Sources: Investment Management Agreement (iDirect Private Credit Fund, L.P.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and the Indemnified Parties as and to the extent applicable.
Appears in 1 contract
Sources: Investment Management Agreement (AG Twin Brook BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenSeptember 16, 2019. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (GOLUB CAPITAL BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the date first date above writtenwritten above. This Agreement may be terminated at any time, without the payment of any penalty, on 60 days' written notice by the Fund or the Adviser, and following the Fund's election to be treated as a BDC under the Investment Company Act, by the vote of a majority of the outstanding voting securities of the Fund (as defined by the Investment Company Act) or by the vote of a majority of the Independent Trustees. The provisions of Section 8 shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Sections 2 or 3 through the date of termination or expiration, and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the effective date of the Initial Agreement, August 12, 2024, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund (within the meaning of Section 2(a)(42) of the Investment Company Act) and (bii) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such partyIndependent Trustees, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at Act and any timeapplicable guidance, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority interpretation or relief of the outstanding voting securities of the Corporation, SEC or by the vote of the Corporation’s Directors or by the Adviser. its staff.
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Ares Core Infrastructure Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Upon termination of this Agreement, the Company shall immediately delete the term “▇▇▇▇ Capital” from its corporate name. The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.)
Effectiveness, Duration and Termination of Agreement. a) This Agreement shall become effective as upon consummation of the first date above writtenTransaction. This Agreement may be terminated at any time, without the payment of any penalty, on sixty (60) days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s directors or by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
b) This Agreement shall continue in effect for two years(2) years from the consummation of the Transaction, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Company’s election to be regulated as a BDC under the Invesoftment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Owl Rock Capital Corp III)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationCompany’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any timeupon 60 days’ written notice, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Board of Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the date first date above writtenwritten above. This Agreement may be terminated at any time, without the payment of any penalty, on 60 days’ written notice by the Fund, by the vote of a majority of the outstanding voting securities of the Fund (as defined by the Investment Company Act) or by the vote of the Fund’s trustees or on 120 days’ written notice by the Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Sections 2 or 5 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Fund’s election to be regulated as a BDC under the Investment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Corporation’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (bii) the vote of a majority of the CorporationFund’s Directors Board of Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Management Agreement (Middle Market Apollo Institutional Private Lending)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Crescent Capital BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section Paragraph 3 through the date of termination or expirationexpiration and Paragraph 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Porticoes Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall Effective Date and remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of stockholders holding a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of stockholders holding a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the AdviserAdvisor. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). Except with the consent of the Advisor, upon termination of this Agreement, the Company shall immediately delete the term “Crescent” from its corporate name and not incorporate Crescent as part of any subsequent name. The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Advisor shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser Advisor shall be entitled to any amounts owed under Section 2 and Section 3 of this Agreement through the date of termination or expirationexpiration and Section 9 shall continue in full force and effect and apply to the Advisor and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Crescent Capital BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, (i) by the Adviser, (ii) by the vote of a majority of the outstanding voting securities of the Company, (iii) by the vote of the Company’s directors, or (iii) by the Sub-Adviser. The provisions of Section 9 of this Agreement shall remain in full force and effect, and the Sub-Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Sub-Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 9 shall continue in force and effect and apply to the Sub-Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Sub Advisory Agreement (YieldStreet Prism Fund Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Monet Entertainment Group LTD)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, by either party upon 60 days’ written notice to the other party, by the vote of a majority of the outstanding voting securities of the Fund or by the vote of a majority of the Fund’s Board. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of a majority of the Corporation’s Board of DirectorsBoard, or by the affirmative vote of a majority of the outstanding voting securities of the Corporation Fund and (bB) the vote of a majority of the Corporation’s Directors Board members who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Accordant ODCE Index Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of DirectorsTrustees, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ days written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors Trustees or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph Section 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 of this Agreement through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Prospect Enhanced Yield Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of (i) this Agreement, (ii) the Amended and Restated Investment Advisory Agreement between the Corporation and the Adviser, dated as of November 18, 2003, and (iii) the Amended and Restated Investment Advisory Agreement between the Corporation and the Adviser, dated as of June 17, 2004, shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenJune 30, 2014. This Agreement shall remain in effect continue for two yearsthe term of the Prior Agreement, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Golub Capital BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become became effective as of the first date above writtenMarch 25, 2004 and was amended and restated on March 18, 2010. This Agreement shall remain in effect for two yearsyears from the date of effectiveness, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 8 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Management Agreement (Apollo Investment Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the affirmative vote of a majority of the holders of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 and Section 4 through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Crescent Capital Finance Group, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.expiration and
Appears in 1 contract
Sources: Investment Advisory Agreement (Garrison Capital Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, by either party upon 60 days’ written notice to the other party, or by either the vote of a majority of the outstanding voting securities of the Fund or by the vote of a majority of the Fund’s Board.. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Sub-Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Sub-Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 8 shall continue in force and effect and apply to the Sub-Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of a majority of the Corporation’s Board of DirectorsBoard, or by the affirmative vote of a majority of the outstanding voting securities of the Corporation Fund and (bB) the vote of a majority of the Corporation’s Directors Board members who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Sub Advisory Agreement (Accordant ODCE Index Fund)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company ActAct and each of whom is an “independent director” under applicable New York Stock Exchange listing standards. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Fifth Street Finance Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenhereof. This Agreement shall remain in effect continue for two yearsa term of one year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, Directors or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, Corporation or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 10 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 4 through the date of termination or expirationexpiration and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Brightwood Capital Corp I)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsuntil December 4, 2019, and thereafter shall continue automatically for successive annual periods, ; provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon not less than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (WhiteHorse Finance, Inc.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two yearsone year, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the CorporationFund’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Fund and (b) the vote of a majority of the CorporationFund’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationFund, or by the vote of the CorporationFund’s Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration. All fees and calculations contemplated hereunder, including those for the quarter ending June 30, 2021 and any period thereafter, shall be calculated as if this Agreement was effective as of April 1, 2021.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (Gladstone Capital Corp)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for an initial period of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of DirectorsManagers, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors Managers who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company 1940 Act) of any such party, in accordance with the requirements of the Investment Company 1940 Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors Managers or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). Upon termination of this Agreement, the Company shall immediately delete the term “Andalusian” from its corporate name. The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
Appears in 1 contract
Sources: Investment Advisory Agreement (Andalusian Credit Company, LLC)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above writtenthe Company commences its investment operations following the effectiveness of the Company’s Registration Statement. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (b) the vote of a majority of the CorporationCompany’s Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the CorporationCompany, or by the vote of the CorporationCompany’s Directors or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and the Indemnified Parties as and to the extent applicable.
Appears in 1 contract
Sources: Investment Management Agreement (Muzinich BDC, Inc.)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s Directors or by the Advisor. The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Advisor shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Advisor shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Advisor and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the Corporationmembers of the Company’s Directors Board who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Management Agreement (Centre Lane Investment Corp.)
Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Corporation’s 's Board of Directors, or by the vote of a majority of the outstanding voting securities of the Corporation and (b) the vote of a majority of the Corporation’s 's Directors who are not parties to this Agreement or “"interested persons” " (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ ' written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s 's Directors or by the Adviser. This Agreement will automatically terminate in the event of its “"assignment” " (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory Agreement (Technology Investment Capital Corp)
Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written; provided, however, that the provisions of Section 3 of this Agreement shall be effective as of October 1, 2011. This Agreement may be terminated at any time, without the payment of any penalty, upon not more than 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Company or by the vote of the Company’s directors or by the Adviser. The provisions of Section 10 of this Agreement shall remain in full force and effect, and the Adviser shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration, and Section 10 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.
(b) This Agreement shall continue in effect for two yearsyears from the date hereof, or to the extent consistent with the requirements of the Investment Company Act, from the date of the Company’s election to be regulated as a BDC under the Investment Company Act, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (aA) the vote of the Corporation’s Board of DirectorsBoard, or by the vote of a majority of the outstanding voting securities of the Corporation Company and (bB) the vote of a majority of the CorporationCompany’s Directors directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Corporation, or by the vote of the Corporation’s Directors or by the Adviser. .
(c) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.
Appears in 1 contract
Sources: Investment Advisory and Management Agreement (TPG Specialty Lending, Inc.)