Advances has the meaning set forth in the introductory section of this
Agreement.
Adverse Proceeding means any action, suit, proceeding (whether administrative, judicial or otherwise),
governmental investigation or arbitration (whether or not purportedly on behalf of the Company) at law or in equity, or before or by any Governmental Authority, whether pending, active or, to the Companys or the Portfolio Managers
knowledge, threatened against or affecting the Company or the Portfolio Manager or their respective property that would reasonably be expected to result in a Material Adverse Effect.
Affiliate means, with respect to any Person, any Person directly or indirectly controlling, controlled by, or under common
control with, such former Person but, which shall not, with respect to the Company, include the obligors under any Portfolio Investment. For the purposes of this definition, control of a Person shall mean the power, direct or indirect, (i) to
vote more than 50% of the securities having ordinary voting power for the election of directors of any such Person or (ii) to direct or cause the direction of the management and policies of such Person whether by contract or otherwise.
Agent has the meaning set forth in Section 9.01.
Agent Business Day means any day on which commercial banks settle payments in each of New York City and the city in which
the corporate trust office of the Collateral Agent is located (which shall initially be New York City).
Agreement has
the meaning set forth in the introductory paragraph hereto.
Amended and Restated Effective Date has the meaning set
forth in Section 2.04.
Amended and Restated Effective Date Letter means that certain letter agreement, dated as
of the Amended and Restated Effective Date, between the Company and the Administrative Agent.
Amendment has the
meaning set forth in Section 6.03.
Anti-Corruption Laws means all laws, rules, and regulations of any
jurisdiction applicable to the Company from time to time concerning or relating to bribery or corruption.
Applicable
Law means, for any Person, all existing and future laws, rules, regulations (including temporary and final income tax regulations), statutes, treaties, codes, ordinances, permits, certificates, orders, licenses of and interpretations by
any Governmental Authority applicable to such Person and applicable judgments, decrees, injunctions, writs, awards or orders of any court, arbitrator or other administrative, judicial, or quasi-judicial tribunal or agency of competent jurisdiction.
AUD
means Australian dollars.
AUD Screen Rate means, for each Calculation Period relating to an Advance in AUD, the average bid reference rate
administered by the Australian Financial Markets Association (or any other Person that takes over the administration of such rate) for Australian dollar bills of exchange with a tenor equal to three months as displayed on page BBSY of the Reuters
screen (or, in the event such rate does not appear on such Reuters page, on any successor or substitute page on such screen that displays such rate, or on the appropriate page of such other information service that publishes such rate as shall be
selected by the Administrative Agent from time to time in its reasonable discretion) at or about 11:00 a.m. (Sydney, Australia time) on the first day of such Calculation Period. If such rate is not available at such time for any reason, then the AUD
Screen Rate for such Calculation Period shall be deemed to be the rate
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