Common use of Notification of Election Clause in Contracts

Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 139 contracts

Sources: Underwriting Agreement (Goldman Sachs BDC, Inc.), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 26 contracts

Sources: Underwriting Agreement (Sixth Street Specialty Lending, Inc.), Purchase Agreement (Sixth Street Lending Partners), Purchase Agreement (Sixth Street Lending Partners)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 16 contracts

Sources: Underwriting Agreement (Blue Owl Capital Corp), Underwriting Agreement (Blue Owl Capital Corp), Equity Distribution Agreement (Blue Owl Capital Corp)

Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 9 contracts

Sources: Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (First Eagle Alternative Capital BDC, Inc.), Underwriting Agreement (THL Credit, Inc.)

Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 9 contracts

Sources: Underwriting Agreement (Garrison Capital Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act Act, as applicable to business development companies and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Purchase Agreement (Blackridge Investment Corp)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act Investment Company Act, as applicable to business development companies, and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Brantley Mezzanine Capital Corp)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (Goldman Sachs BDC, Inc.)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Investment Company Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, therein not misleading.

Appears in 1 contract

Sources: Underwriting Agreement (Patriot Capital Funding, Inc.)

Notification of Election. When the Notification of Election was filed with the Commission, it (Ai) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (Bii) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Equity Distribution Agreement (Sixth Street Specialty Lending, Inc.)

Notification of Election. When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Sources: Purchase Agreement (Tortoise Capital Resources Corp)