Common use of Certain ERISA Matters Clause in Contracts

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliates, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent and its each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or the Collateral Manager or their respective Affiliatesany other Borrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Joint Lead Arrangers and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesSubsidiary Guarantors, that at least one of the following is and will continue to be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, the Arrangers and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent and its respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the each Agent and its each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Loan Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, the Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and any (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Managing Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager any Subsidiary or their respective AffiliatesSubsidiary Borrower party to this Agreement, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, and its the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of Holdings, the Borrower or the Collateral Manager or their respective Affiliatesany other Loan Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit ofof the Administrative Agent, the each Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent, and each Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany Subsidiary Guarantor, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Joint Lead Arranger and its their respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany Subsidiary Guarantor, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Joint Lead Arranger and its Joint Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the of each Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company, the Parent or the Collateral Manager or their respective AffiliatesPortfolio Manager, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany Restricted Subsidiary, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit ofof the Administrative Agent, the Lead Arrangers, the Syndication Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or the Collateral Manager or any of their respective AffiliatesSubsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its the Joint Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit ofof the Administrative Agent, the Agent each Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, and its each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Joint Bookrunner and its Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each a)Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent, each Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Lead Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Loan Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Exhibit 10.1 Administrative Agent, each Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became becomes a Lender party hereto, to, and (y) covenants, from the date such Person became becomes a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Subsidiary, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the HoldCo Borrower or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent and its respective AffiliatesAgents, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Subsidiary of the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, the Arrangers and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or the Collateral Manager or their respective Affiliatesany Subsidiary, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent and its respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany of its Subsidiaries, that at least one of the following is and will be true:: 46 ‌ ‌ ​ ​

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the later of the date such Person became a Lender party heretohereto and the Effective Date, to, and (y) covenants, from the such date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Lead Arranger, and its their respective Affiliates, and not, for the avoidance of doubt, not to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Obligor, that at least one of the following is and will be true:: 135 Revolving Credit Agreement

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, and its the Joint Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesCompany, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, the Lead Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the later of the date such Person became a Lender party heretohereto and the Effective Date, to, and (y) covenants, from the such date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Joint Lead Arrangers, and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Obligor, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Subsidiary, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such ​ ​ Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, each Joint Lead Arranger and its their respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany Subsidiary Guarantor, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Arranger and Co-Documentation Agent and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Borrower Group Entity, that at least one of the following is and will be true:

Certain ERISA Matters. (a) a. Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its the Sole Lead Arranger and Sole Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesBorrower, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Joint Lead Arrangers and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Applicant or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective AffiliatesManager, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became person becomes a Lender party hereto, to, and (y) covenants, from the date such Person became person becomes a Lender party hereto to the date such Person person ceases being a Lender party hereto, for the benefit of, the Agent Administrative Agent, the Arrangers, each other Lead Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or the Collateral Manager or their respective Affiliatesany other Loan Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Agent Agent, each Arranger and its their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or the Collateral Manager or their respective Affiliatesany other Credit Party, that at least one of the following is and will be true:

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the theany Borrower or the Collateral Manager any other Credit Party or their respective AffiliatesGuarantor, that at least one of the following is and will be true: