Securities and Exchange Commission
- [Investment Company Act Release No. 36009; File No. 812-15883]
AGENCY:
Securities and Exchange Commission (“Commission” or “SEC”).
ACTION:
Notice.
Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.
Summary of Application:
Applicants request an order to permit certain business development companies (“BDCs”) and closed-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities.
Applicants:
WhiteHorse Finance, Inc., H.I.G. WhiteHorse Advisers, LLC, WHF STRS Ohio Senior Loan Fund, LLC, H.I.G. Investment Holdings II, LLC, H.I.G. Capital, LLC, H.I.G. IMA Advisors, LLC, certain of their wholly-owned subsidiaries as described in Schedule A, and certain of their affiliated entities as described in Schedule B to the application.
Filing Dates:
The application was filed on August 25, 2025, and amended on February 23, 2026.
Hearing or Notification of Hearing:
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at Secretarys-Office@sec.gov and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on April 3, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a ( printed page 12263) hearing may request notification by emailing the Commission's Secretary at Secretarys-Office@sec.gov.
ADDRESSES:
The Commission: Secretarys-Office@sec.gov. Applicants: Richard Siegel, rsiegel@hig.com, H.I.G. WhiteHorse Advisers, LLC, 1450 Brickell Avenue, 31st Floor, Miami, Florida 33131; Thomas J. Friedmann., thomas.friedmann@dechert.com, Dechert LLP, One International Place, 40th Floor, Boston, Massachusetts 02110; Paul Stevens, paul.stevens@dechert.com, Dechert LLP, 1900 K Street NW, Washington, DC 20006.
FOR FURTHER INFORMATION CONTACT:
Thomas Ahmadifar, Branch Chief or Toyin Momoh, Senior Counsel at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).