Industry Classification Groups. For purposes of this Agreement, the Borrower shall in its reasonable determination assign each Portfolio Investment to an Industry Classification Group. To the extent that any Portfolio Investment is not correlated with the risks of other Portfolio Investments in an Industry Classification Group established by S&P or MSCI, such Portfolio Investment may be assigned by the Borrower to the Industry Classification Group that is most closely correlated to such Portfolio Investment. In the absence of any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent and each Lender to create up to three additional industry classification groups for purposes of this Agreement.
“Second Largest Industry Classification Group” means, as of any date of determination, after giving effect to Advance Rates, the single Industry Classification Group to which a greater portion of the Borrowing Base has been assigned than any other single Industry Classification Group other than the Largest Industry Classification Group.
“GICS Industry Group Classification” means any industry group classification within GICS, as updated and amended from time to time.
in no event shall more than: # 20% of the aggregate value of the Borrowing Base consist of Eligible Investments (excluding Cash and Cash Equivalents) in the Largest Industry Classification Group, # 15% of the aggregate value of the Borrowing Base consist of Eligible Investments (excluding Cash and Cash Equivalents) in the Second Largest Industry Classification Group, # 12.5% of the aggregate value of the Borrowing Base consist of Eligible Investments (excluding Cash and Cash Equivalents) in any single Industry Classification Group (other than the Largest Industry Classification Group or the Second Largest Industry Classification Group), in each case, without duplication, after giving effect to Advance Rates, # 5% of the aggregate value of the Borrowing Base consist of Eligible Investments (excluding Cash and Cash Equivalents) in the Industry Classification Group of “Energy: Oil & Gas” and # 5% of the aggregate value of the Borrowing Base consist of Eligible Investments (excluding Cash and Cash Equivalents) in the Industry Classification Group of “Metals & Mining”;
“Industry Classification Group” means # any of the Global Industry Classification Standard (GICS) classification groups set forth in [Schedule VI] hereto, together with any such classification groups that may be subsequently established by S&P or MSCI and provided by the Borrower to the , and # up to three additional industry group classifications established by the Borrower pursuant to [Section 5.12(a)].
the loans arising under the New Term Loan A Facility; and
Class 6 Debtor Intercompany Claims
Class 10 Holdings Interests
Class 11 [Section 510(b)] Claims
For the avoidance of doubt, # to avoid double counting of the portfolio limitations set forth in [clauses [(a)-(i) above]e]], any reduction specified above shall be without duplication of any other such reduction and # to the extent the Borrowing Base is required to be reduced to comply with any of the portfolio limitations specified above, the Borrower shall be permitted to choose the Portfolio Investments, or portions of such Portfolio Investments, to be excluded from the Borrowing Base to effect such reduction. For purposes of this Agreement, the Borrower shall assign each Eligible Core Portfolio Investment, Eligible Debt Security and Eligible Senior Bank Loan Investment to an Industry Classification Group as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Investments are not adequately correlated with risk of other investments in an Industry Classification Group, such Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Investment.
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