; (2) by striking except that the Commission shall not and inserting the following: except that— (1) section 12 shall not apply to the purchasing, otherwise acquiring, or holding by a business development company of any security issued by, or any other interest in the business of, any person who is an investment adviser registered under title II of this Act, who is an investment adviser to an investment company, or who is an eligible portfolio company; and (2) the Commission shall not ; (3) by adding at the end the following: (b) Nothing in this section shall prevent the Commission from issuing rules to address potential conflicts of interest between business development companies and investment advisers. . (b) Definition of eligible portfolio company Section 2(a)(46)(B) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(46)(B) ) is amended by inserting before the semicolon the following: (unless it is described in paragraph (2), (3), (4), (5), (6), or (9) of such section) . (c) Investment threshold Section 55(a) of the Investment Company Act of 1940 is amended by inserting before the colon the following: , provided that no more than 50 percent of its total assets are assets described in section 3(c) . 437. Expanding access to capital for business development companies (a) In general Section 61(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–60(a) ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively