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

We just wanted to say thanks for your work in helping us get back some of the money we lost. We are not by any means rich, but we have saved some money and we have done so through a tight-fisted approach to most everything we do. So losing a significant chunk of money hurt…especially at a time when everyone else was growing their accounts. We really appreciate the work you did.

Allan and Adele

LATEST NEWS AND ARTICLES

1777565671 Law
April 30, 2026
SEC Charges Adviser's Estate and Firm in Alleged $1.68 Million Client Fund Misappropriation Scheme

The Securities and Exchange Commission has filed a civil enforcement action against the estate of former investment adviser John R.

1777479103 Law
April 29, 2026
Hightower Advisors Faces Class Action Over Alleged Data Breach

Hightower Holding LLC is facing a class action lawsuit alleging that the firm failed to protect sensitive personal information following a data breach affecting thousands of individuals, according to reporting by Financial Advisor News.

1777391003 Law
April 28, 2026
Former Morgan Stanley Advisor Faces Trial Over Alleged Scheme Targeting NBA Players

A former Morgan Stanley financial advisor is charged with defrauding professional basketball players through complex investment transactions involving viatical settlements, according to reporting by InvestmentNews.