Conditions Precedent to All Purchases. (a) The obligation of the Closing Date Seller to purchase the Collateral from the Seller and the obligation of the Buyer to purchase the Collateral from the Closing Date Seller on the Closing Date shall be subject to the satisfaction of the following conditions precedent that: (i) all representations and warranties (A) of the Seller contained in Sections 4.01 and 4.02 and (B) of the Closing Date Seller contained in Sections 4.03 and 4.04, as applicable, shall be true and correct in all material respects on and as the Closing Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and (ii) the Seller shall have delivered to the Closing Date Seller and the Buyer a duly completed Loan List that is true, accurate and complete in all respects as of the Closing Date, which list is made a part of this Agreement.
Appears in 6 contracts
Samples: Master Loan Sale Agreement (Golub Capital BDC 3, Inc.), Master Loan Sale Agreement (Golub Capital BDC 3, Inc.), Master Loan Sale Agreement (Golub Capital BDC 3, Inc.)
Conditions Precedent to All Purchases. (a) The obligation of the Closing Date Seller to purchase the Collateral from the Seller and the obligation of the Buyer to purchase the Collateral from the Closing Date Seller on the 2024 Closing Date and each Purchase Date shall be subject to the satisfaction of the following conditions precedent that:
(i) all representations and warranties (A) of the Seller contained in Sections 4.01 and 4.02 and (B) of the Closing Date Seller contained in Sections 4.03 and 4.04, as applicable, shall be true and correct in all material respects on and as the 2024 Closing Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
(ii) the Seller shall have delivered to the Closing Date Seller and the Buyer a duly completed Loan List that is true, accurate and complete in all respects as of the Closing related Purchase Date, which list is made a part of this Agreement, and for each Purchase Date occurring after the 2024 Closing Date, an assignment substantially in the form of Exhibit A attached hereto, as applicable.
Appears in 1 contract
Samples: Master Loan Sale Agreement (Barings Private Credit Corp)
Conditions Precedent to All Purchases. (a) The obligation of the Closing Date Seller to purchase the Collateral from the Seller and the obligation of the Buyer to purchase the Collateral from the Closing Date Seller on the 2024 Closing Date and each Purchase Date shall be subject to the satisfaction of the following conditions precedent that:
: (i) all representations and warranties (A) of the Seller contained in Sections 4.01 and 4.02 and (B) of the Closing Date Seller contained in Sections 4.03 and 4.04, as applicable, shall be true and correct in all material respects on and as the 2024 Closing Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
and (ii) the Seller shall have delivered to the Closing Date Seller and the Buyer a duly completed Loan List that is true, accurate and complete in all respects as of the Closing related Purchase Date, which list is made a part of this Agreement, and for each Purchase Date occurring after the 2024 Closing Date, an assignment substantially in the form of Exhibit A attached hereto, as applicable.
Appears in 1 contract
Samples: Master Loan Sale Agreement (Barings Private Credit Corp)