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

Changes in Name, Structure or Location. (a) During the term of this Agreement, neither the 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 Agent and each other Secured Party. (b) If any change in either the Servicer’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 to preserve and protect the security interest of the Trustee on behalf of the Secured Parties in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Agent and each other Secured Party an Opinion of Counsel reasonably acceptable to the Agent stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Trustee on behalf of 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 (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

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Changes in Name, Structure or Location. (a) During the term of this Agreement, neither the 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 Agent and each other Secured Party. (b) If any change in either the ServicerOriginator’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 initial Servicer, or, at the Borrower’s expense, any Successor Servicer, if applicable, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the security interest of the Trustee on behalf of the Secured Parties in the Collateral and the proceeds thereof. Promptly after taking any of the foregoing actions, the initial Servicer or, at the Borrower’s expense, any Successor Servicer, if applicable, shall deliver to the Agent Agent, the Trustee and each other Secured Party an Opinion of Counsel reasonably acceptable to the Agent stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the security interest of the Trustee on behalf of the Secured Parties in the Collateral have been filed, and reciting the details of such filing, and the Trustee on behalf of the Secured Parties has a perfected security interest in the Collateral.

Appears in 2 contracts

Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)

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