Example ContractsClausesIndustry Classification Group
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the loans arising under the New Term Loan B 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.

The classification is utilized in the area by the construction industry; and

GICS” means, as of any date, the most recently published Global Industry Classification Standard.

Tax Classification. Unless the Member determines otherwise, in its sole discretion, or as otherwise provided by Treasury Regulation Section 301.7701-3, the Company shall be treated as an association taxable as a corporation for federal income tax purposes and, if applicable, state or local income or franchise tax purposes, and the Member and the Company shall file all tax returns and shall otherwise take all tax and financial reporting positions in a manner consistent with such treatment. The Company shall make an election on IRS Form 8832 to be classified as an association taxable as a corporation effective as of its date of formation, and any Officer is hereby authorized to make and execute such election (or any further election the Member determines shall be made) on behalf of the Company. Notwithstanding any other provision in this Agreement to the contrary, any provision in this Agreement that is applicable or relevant only to entities that are classified as partnerships for federal income tax purposes shall not have operative effect so long as the Company is not treated as a partnership for federal income tax purposes.

“Moody’s Industry Classification Groups” means each of the categories set forth in Table 1 below.

Borrower to the Administrative Agent, such 15% figure shall be increased to 17.5% and, accordingly, only to the extent that the Value for such single Industry Classification Group exceeds 17.5% of the aggregate Value of all Portfolio Investments in the Collateral Pool shall the Advance Rate applicable to such excess Value be 0%;

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