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

Changes in Name, Organizational Structure or Location. (a) During the term of this Agreement, none of the Seller, the Servicer, the Trust Depositor or the Issuer shall change its name, form of organization, existence, state of formation or location without first giving at least 30 days’ prior written notice to the other parties hereto and the Owner Trustee. (b) If any change in either the Servicer’s, the Seller’s or the Trust Depositor’s name, form of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than ten (10) Business Days after the effective date of such change, shall file such amendments as may be required (including, but not limited to, any filings and other acts necessary or advisable under the UCC of each relevant jurisdiction) to preserve and protect the Trustee’s security interest in the Loan Assets and the proceeds thereof.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

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Changes in Name, Organizational Structure or Location. (a) During the term of this Agreement, none of the Seller, the Servicer, the Trust Depositor or the Issuer Seller shall not change its name, principal place of business, form of organization, existence, state of formation or location without first giving at least 30 days’ prior written notice to the other parties hereto Trust Depositor and the Owner TrusteeServicer. (b) If any change in either the Servicer’s, the Seller’s or the Trust Depositor’s name, form of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Initial Loan Asset, Substitute Loan Asset, or Additional Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the ServicerSeller, or the Servicer on its behalf, no later than ten five (105) Business Days after the effective date of such change, shall file such amendments as may be required (including, but not limited to, any filings and other acts necessary or advisable under the UCC of each relevant jurisdiction) to preserve and protect the Trust Depositor’s, the Issuer’s and the Trustee’s security interest interests in the Initial Loan Assets Assets, any Substitute Loan Assets, any Additional Loan Asset and the proceeds thereof.

Appears in 4 contracts

Samples: Sale and Contribution Agreement (Hercules Capital, Inc.), Sale and Contribution Agreement (Hercules Capital, Inc.), Sale and Contribution Agreement (Hercules Capital, Inc.)

Changes in Name, Organizational Structure or Location. (a) During the term of this Agreement, none of the SellerOriginator, the Servicer, the Trust Depositor Servicer or the Issuer shall change its name, form of organization, existence, state of formation or location without first giving at least 30 15 days’ prior written notice to the other parties hereto and the Owner Trusteehereto. (b) If any change in either the Servicer’s, the Seller’s or the Trust DepositorOriginator’s name, form of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than ten (10) five Business Days after the effective date of such change, shall file such amendments or financing statements as may be required (including, but not limited to, any filings and other acts necessary or advisable under the UCC of each relevant jurisdiction) to preserve preserve, perfect, and protect the Trustee’s security interest in the Loan Assets and the proceeds thereof and the priority thereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp)

Changes in Name, Organizational Structure or Location. (a) During the term of this Agreement, none of the SellerOriginator, the Servicer, the Trust Depositor Servicer or the Issuer shall change its name, form of organization, existence, state of formation or incorporation, as applicable, or location without first giving at least 30 daysfifteen (15) Business Days’ prior written notice to the other parties hereto and the Owner Trusteehereto. (b) If any change in either the Servicer’s, the Seller’s or the Trust DepositorOriginator’s name, form of organization, existence, state of formationincorporation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than ten (10) five Business Days after the effective date of such change, shall file such amendments or financing statements as may be required (including, but not limited to, any filings and other acts necessary or advisable under the UCC of each relevant jurisdiction) to preserve preserve, perfect, and protect the Trustee’s security interest in the Loan Assets and the proceeds thereof and the priority thereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp)

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Changes in Name, Organizational Structure or Location. (a) During the term of this Agreement, none of the Seller, the Servicer, the Trust Depositor or the Issuer shall change its name, form of organization, existence, state of formation or location without first giving at least 30 days’ prior written notice to the other parties hereto and the Owner Trustee. (b) If any change in either the Servicer’s, the Seller’s or the Trust Depositor’s name, form of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than ten (10) Business Days after the 48 BUSINESS.29147459.4 effective date of such change, shall file such amendments as may be required (including, but not limited to, any filings and other acts necessary or advisable under the UCC of each relevant jurisdiction) to preserve and protect the Trustee’s security interest in the Loan Assets and the proceeds thereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.)

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