Common use of Contest Recharacterization Clause in Contracts

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Equityholder.

Appears in 11 contracts

Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

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Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderSeller.

Appears in 10 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Crescent Capital BDC, Inc.)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderTransferor.

Appears in 8 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderRelated Fund.

Appears in 7 contracts

Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), And Investment Management Agreement (Investcorp Credit Management BDC, Inc.), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderCollateral Manager.

Appears in 7 contracts

Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Transferred Loans as property of the bankruptcy estate of the EquityholderBDC.

Appears in 5 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans Portfolio Assets as property of the bankruptcy estate of the Equityholder.

Appears in 2 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderOriginator.

Appears in 2 contracts

Samples: Credit Agreement (Brightwood Capital Corp I), Loan and Security Agreement (NewStar Financial, Inc.)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Transferor or the Equityholder.

Appears in 2 contracts

Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

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Contest Recharacterization. The Borrower shall in good faith contest any or attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderSeller.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Equityholderany Affiliate Transferor.

Appears in 1 contract

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Equityholderany Seller.

Appears in 1 contract

Samples: Loan and Security Agreement (OFS Capital, LLC)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the EquityholderFund.

Appears in 1 contract

Samples: And Collateral Management Agreement (First Eagle Credit Opportunities Fund)

Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Equityholder.Collateral Manager. (p)

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

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