Common use of Disregarded Entity Clause in Contracts

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 19 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Ninth Amendment to the Loan and Servicing Agreement (SLR Senior Investment Corp.)

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Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 17 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b3(b)(ii) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 12 contracts

Samples: Loan and Servicing Agreement (Antares Private Credit Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Diameter Credit Co)

Disregarded Entity. The So long as the Servicer is Ares or any of its Affiliates, the Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 4 contracts

Samples: Omnibus Amendment (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause ensure that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Regulations Section 301.7701-3(b3(b)(ii) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Regulations Section 301.7701-3(c).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (First Eagle Private Credit Fund)

Disregarded Entity. The Servicer shall not, and shall not permit the Borrower to, take any action that would cause the Borrower to not be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither not permit either the Borrower nor or any other Person on its behalf shall to make an election to beelection, or to take any other action that is reasonably likely would cause the Borrower, to result in the Borrower being, be treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).. 110

Appears in 1 contract

Samples: Loan and Servicing Agreement

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Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that 123 DMSLIBRARY01\32370595.v1 is reasonably likely to result in the Borrower being, treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).

Appears in 1 contract

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).. 108 DMSLIBRARY01\30388519.v8

Appears in 1 contract

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.)

Disregarded Entity. The Servicer shall not, and shall not permit the Borrower to, take any action that would cause the Borrower to not be disregarded as an entity separate from its owner pursuant to Treasury Regulation Section 301.7701-3(b) and shall cause that neither not permit either the Borrower nor or any other Person on its behalf shall to make an election to beelection, or to take any other action that is reasonably likely to result in the Borrower being, treated as other than an entity disregarded from its owner under Treasury Regulation Section 301.7701-3(c).USActive 57833767.7

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Disregarded Entity. The Servicer shall cause the Borrower to be disregarded as an entity separate from its owner the Transferor pursuant to Treasury Regulation Section 301.7701-3(b3(b)(ii) and shall cause that neither the Borrower nor any other Person on its behalf shall make an election to be, or take any other action that is reasonably likely to result in the Borrower being, be treated as other than an entity disregarded from its owner the Transferor under Treasury Regulation Section 301.7701-3(c).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Apollo Debt Solutions BDC)

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