Tr?id=566623520170033&ev=PageView&noscript=1

Prospect BDC Releases Going Concern Warning

Posted on February 28th, 2023 at 2:27 PM
Prospect BDC Releases Going Concern Warning

From the Desk of Jim Eccleston at Eccleston Law

Prospect Floating Rate and Alternative Income Fund Inc. (“Prospect”) announced in its most recent quarterly report submitted to the Securities and Exchange Commission (SEC) that “there is substantial doubt about the company’s ability to continue as a going concern” for at least one year after February 13, 2023. 

Prospect explained that its operating costs are not currently proportional to the size of its investment portfolio, including accounting/auditing, legal, insurance, and administrative, which means that the company must raise capital to create a portfolio that generates enough revenue to fund the company’s operating expenses. Prospect noted that it failed to raise enough capital to create a sufficient portfolio as of December 31, 2022. 

Furthermore, the company announced that it has been able to fund distributions and pay a portion of its expenses only because of an expense limitation agreement from its advisor, which is no longer required to waive fees after December 31, 2022. Additionally, the end date of a “ramp period” provision within its credit facility was extended until August 25, 2023 last July, but the BDC may be forced to default without a further extension of the ramp period. Prospect announced that it is considering a “number of actions” to improve its financial outlook, such as seeking additional equity and refinancing the credit facility. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, arbitration, employment, regulatory and disciplinary matters.

Tags: Eccleston, Eccleston Law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

If you are being bothered by the Regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

1786980584 Law
August 17, 2026
Federal Judge Allows Investor Class Action Over Lightstone REIT Disclosures to Proceed

A federal judge has allowed investors to proceed with a class-action lawsuit alleging that directors and advisors of three Lightstone Value Plus REITs failed to disclose a significant conflict of interest before shareholders voted on amendments extending the funds' operating periods.

1786734880 Law
August 14, 2026
Cash Sweep Litigation Continues to Drive Legal Costs

Cash sweep litigation continues to increase legal costs for wealth management firms despite the Securities and Exchange Commission's (SEC) decision under the Trump administration to close pending investigations without imposing enforcement penalties, according to AdvisorHub.

1786636784 Law
August 13, 2026
FINRA Orders Centaurus Financial to Pay $1.1 Million Over Variable Annuity Supervision Failures

The Financial Industry Regulatory Authority (FINRA) has ordered Centaurus Financial Inc.