Common use of Capital Condition Clause in Contracts

Capital Condition. For the avoidance of doubt, the Parties agree that, notwithstanding any provision to the contrary herein, the Purchaser shall not be required, at any time prior to the Trigger Date, to enter into any transaction to purchase any Purchased Loan or Available Unfunded Commitment pursuant to, or be subject to any other obligations arising under, this Agreement unless and until the Trade Date in respect of such Purchased Loan or such Available Unfunded Commitment has occurred and, on or prior to the Scheduled Facility End Date, the Capital Condition has been satisfied.

Appears in 2 contracts

Samples: Facility Agreement (KKR FS Income Trust), Facility Agreement (KKR FS Income Trust Select)

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Capital Condition. For the avoidance of doubt, the Parties parties agree that, notwithstanding any provision to the contrary herein, the Purchaser shall not be required, at any time prior to the Trigger Date, required to enter into any transaction to purchase any Purchased Loan or Available Unfunded Commitment pursuant to, or be subject to any other obligations arising under, this Agreement unless and until the Trade Date in respect of such Purchased Loan or such Available Unfunded Commitment has occurred and, on or prior to the Scheduled Facility End Date, and the Capital Condition has been satisfied.

Appears in 2 contracts

Samples: Facility Agreement (North Haven Private Income Fund LLC), Facility Agreement (Owl Rock Technology Income Corp.)

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Capital Condition. For the avoidance of doubt, the Parties parties agree that, notwithstanding any provision to the contrary herein, the Purchaser shall not be required, at any time prior to the Trigger Facility End Date, to enter into any transaction to purchase any Purchased Loan or Available Unfunded Commitment pursuant to, or be subject to any other obligations arising under, this Agreement unless and until the Trade Date in respect of such Purchased Loan or such Available Unfunded Commitment has occurred and, on or prior to the Scheduled Facility End Date, and the Capital Condition has been satisfied.

Appears in 1 contract

Samples: Facility Agreement (KKR FS Income Trust)

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