Contingency. The fulfillment of the obligations of any BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation or default (however characterized) by Customer which has occurred and is continuing under any Contract.
Appears in 25 contracts
Samples: u.s. Pb Agreement (FS Global Credit Opportunities Fund), BNPP Ny Lending Agreement (Highland Global Allocation Fund), Lending Agreement (Highland Funds Ii)
Contingency. The fulfillment of the obligations of any a BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation or default (however characterized) by Customer which has occurred and is continuing under any Contract.
Appears in 12 contracts
Samples: Lending Agreement (Midas Fund, Inc.), BNPP Ny Lending Agreement (Midas Series Trust), BNPP Ny Lending Agreement (Midas Series Trust)
Contingency. The fulfillment of the obligations of any a BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation Event of Default or default Default (however characterized) as defined in the Committed Facility Agreement), by Customer which has occurred and is continuing under any Contract.
Appears in 4 contracts
Samples: u.s. Pb Agreement (Guggenheim Credit Allocation Fund), u.s. Pb Agreement (Fiduciary/Claymore Energy Infrastructure Fund), u.s. Pb Agreement (Guggenheim Strategic Opportunities Fund)
Contingency. The fulfillment of the obligations of any BNPP Entity to Customer under any Contract is contingent upon there being no material breach, repudiation, misrepresentation or default (however characterized) by Customer which has occurred and is continuing under any ContractContract with any BNPP Entity.
Appears in 2 contracts
Samples: u.s. Prime Brokerage Agreement (Sterling Capital Funds), u.s. Prime Brokerage Agreement (Sterling Capital Funds)
Contingency. The fulfillment of the obligations of any BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation or default (however characterized) by Customer which has occurred and is continuing under any ContractContract with any BNPP Entity.
Appears in 1 contract
Contingency. The fulfillment of the obligations of any BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation or default (however characterized) Event of Default by Customer which has occurred and is continuing under any Contract.
Appears in 1 contract
Contingency. The fulfillment of the obligations of any BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation or default (however characterized) Event of Default by Customer which has occurred and is continuing under any Contractcontinuing.
Appears in 1 contract
Samples: u.s. Pb Agreement (Pathway Energy Infrastructure Fund, Inc.)
Contingency. The fulfillment of the obligations of any a BNPP Entity to Customer under any Contract is contingent upon there being no breach, repudiation, misrepresentation repudiation or default Event of Default (however characterized) by Customer which has occurred and is continuing under any Contract.
Appears in 1 contract
Samples: u.s. Pb Agreement (Claymore/Guggenheim Strategic Opportunities Fund)
