Common use of Changes in Name, Corporate Structure or Location Clause in Contracts

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, neither the Originator nor the Borrower shall change its name, identity, structure, existence or location (as defined in Article 9 of the UCC) without first giving at least 30 days’ prior written notice to the Deal Agent and each other Secured Party. (b) If any change in either the Originator’s or the Borrower’s name, identity, structure, existence, location (as defined in Article 9 of the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Collateral seriously misleading within the meaning of applicable provisions of the UCC, the Servicer, no later than five Business Days after the effective date of such change, shall file such amendments as may be required or reasonably advisable to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Deal Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Deal Agent stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral have been filed, and reciting the details of such filing.

Appears in 3 contracts

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD)

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Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, neither the Originator Servicer nor the Borrower shall change its name, identity, structure, existence or location (as defined in Article 9 of the UCC) without first giving at least 30 thirty (30) days’ prior written notice to the Deal Agent and each other Secured Party. (b) If any change in either the OriginatorServicer’s or the Borrower’s name, identity, structure, existence, location (as defined in Article 9 of the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Collateral seriously misleading within the meaning of applicable provisions of the UCC, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required or reasonably advisable to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Deal Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Deal Agent and each Secured Party stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, neither the Originator Servicer nor the Borrower shall change its name, identity, structure, existence or location (as defined in Article 9 of the UCC) without first giving at least 30 days’ prior written notice to the Deal Agent and each other Secured Party. (b) If any change in either the OriginatorServicer’s or the Borrower’s name, identity, structure, existence, location (as defined in Article 9 of the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Collateral seriously misleading within the meaning of applicable provisions of the UCC, the Servicer, no later than five Business Days after the effective date of such change, shall file such amendments as may be required or reasonably advisable to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Deal Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Deal Agent stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, neither the Originator Servicer nor the Borrower shall change its name, identity, structure, existence or location (as defined in Article 9 of the UCC) without first giving at least 30 thirty (30) days’ prior written notice to the Deal Agent and each other Secured Party. (b) If any change in either the OriginatorServicer’s or the Borrower’s name, identity, structure, existence, location (as defined in Article 9 of the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Collateral seriously misleading within the meaning of applicable provisions of the UCC, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required or reasonably advisable to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Deal Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Deal Agent and each Secured Party stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Deal Agent, as agent for the Secured Parties, in the Collateral have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, neither the Originator Servicer nor the Borrower shall change its name, identity, structure, existence or location (as defined in Article 9 of the UCC) without first giving at least 30 thirty (30) days’ prior written notice to the Deal Administrative Agent and each other Secured Party. (b) If any change in either the OriginatorServicer’s or the Borrower’s name, identity, structure, existence, location (as defined in Article 9 of the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Collateral seriously misleading within the meaning of applicable provisions of the UCC, the Servicer, no later than five (5) Domestic Business Days after the effective date of such change, shall file such amendments as may be required or reasonably advisable to preserve and protect the security interest of the Deal Administrative Agent, as agent for the Secured Parties, in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Deal Administrative Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Deal Administrative Agent and each Secured Party stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Deal Administrative Agent, as agent for the Secured Parties, in the Collateral have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

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