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

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

February 10, 2026
Merrill Lynch Expands Client Disclosures on Crypto and AI Risks

Merrill Lynch updated its required client disclosure brochure to address, for the first time, the evolving risks tied to cryptocurrency-linked investments and the firm’s expanding use of Artificial Intelligence tools.

February 9, 2026
FINRA Orders Osaic Unit to Pay Over $5 Million for Misleading Bank Deposit Program Disclosures

The Financial Regulatory Authority (FINRA) ordered independent broker-dealer Osaic and its acquired firm, American Portfolios Financial Services, to pay more than $5 million after finding that American Portfolios misled customers about how it calculated fees in its bank deposit program.

February 6, 2026
Delaware Regulators Fine Kovack Advisors $985,000

Kovack Advisors Inc., the registered investment adviser affiliate of independent broker-dealer Kovack Securities Inc., agreed to pay a $985,000 fine to Delaware securities regulators.