Common use of Eligibility of Collateral Portfolio Clause in Contracts

Eligibility of Collateral Portfolio. (i) The Loan Tape and the information contained in each Notice of Borrowing, is an accurate and complete listing of all the Loan Assets contained in the Collateral Portfolio as of the related Cut-Off Date and the information contained therein with respect to the identity of such item of Collateral Portfolio and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date, (ii) each Loan Asset designated on any Borrowing Base Certificate as an Eligible Loan Asset and each Loan Asset included as an Eligible Loan Asset in any calculation of Borrowing Base or Borrowing Base Deficiency is an Eligible Loan Asset, in each case, satisfying all criteria set forth in the definition of “Eligibility Criteria” and (iii) with respect to each item of Collateral Portfolio, all consents, licenses, approvals or authorizations of or registrations or declarations of any Governmental Authority or any Person required to be obtained, effected or given by the Borrower in connection with the transfer of a security interest in each item of Collateral Portfolio to the Collateral Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. For the avoidance of doubt, any inaccurate representation that a Loan Asset is an Eligible Loan Asset hereunder or under the Purchase and Sale Agreement shall not constitute an Event of Default if the Borrower complies with Section 2.07(c) hereunder and the Transferor complies with Section 6.1 of the Purchase and Sale Agreement.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Senior Capital Ltd.), Consent and Omnibus Amendment (Solar Capital Ltd.)

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Eligibility of Collateral Portfolio. (i) The Loan Tape and the information contained in each Notice of Borrowing, is an accurate and complete listing of all the Loan Assets Loans contained in the Collateral Portfolio as of the related Loan Tape Cut-Off Date Date, and the information contained therein with respect to the identity of such item of Collateral Portfolio is true and correct in all material respects and the amounts owing thereunder is true and correct in all material respects (other than inadvertent de minimis miscalculations of accrued and unpaid interest) as of the related Loan Tape Cut-Off Date, (ii) based on the information in the Loan Tape delivered concurrently with such Borrowing Base Certificate or as most recently delivered prior to such calculation of Borrowing Base or Borrowing Base Deficiency, each Loan Asset designated on any Borrowing Base Certificate as an Eligible Loan Asset and each Loan Asset included as an Eligible Loan Asset in any calculation of Borrowing Base or Borrowing Base Deficiency is an Eligible satisfied the Eligibility Criteria as of the relevant Loan AssetTape Cut-Off Date, in each case, satisfying all criteria set forth in the definition of “Eligibility Criteria” and (iii) with respect to each item of Collateral Portfolio, all consents, licenses, approvals or authorizations of or registrations or declarations of any Governmental Authority or any Person required to be obtained, effected or given by the Borrower in connection with order for the transfer of Borrower to validly grant a security interest in each item of Collateral Portfolio to the Collateral Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. For the avoidance of doubt, any inaccurate representation that a Loan Asset is an Eligible Loan Asset hereunder or under the Purchase and Sale Agreement shall not constitute an Event of Default if the Borrower complies with Section 2.07(c) hereunder and the Transferor complies with Section 6.1 of the Purchase and Sale Agreement.

Appears in 2 contracts

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

Eligibility of Collateral Portfolio. (i) The Loan Tape and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Assets contained in the Collateral Portfolio as of the related Cut-Off Date and the information contained therein with respect to the identity of such item of Collateral Portfolio and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date, (ii) each Loan Asset designated on any Borrowing Base Certificate as an Eligible Loan Asset (including as a Closing Date Loan Asset) and each Loan Asset included as an Eligible Loan Asset (including as a Closing Date Loan Asset) in any calculation of the Borrowing Base or the Borrowing Base Deficiency is an Eligible Loan Asset (including as a Closing Date Loan Asset, in each case, satisfying all criteria set forth in the definition of “Eligibility Criteria” ) and (iii) with respect to each item of Collateral Portfolio, all consents, licenses, approvals or authorizations of or registrations or declarations of any Governmental Authority or any Person required to be obtained, effected or given by the Borrower in connection with the transfer of a security interest in each item of Collateral Portfolio to the Collateral Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. For the avoidance of doubt, any inaccurate representation that a Loan Asset is an Eligible Loan Asset hereunder or under the Purchase and Sale Agreement any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(c) hereunder and the Transferor complies with Section 6.1 of the Purchase and Sale Agreementhereunder.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Onex Direct Lending BDC Fund)

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Eligibility of Collateral Portfolio. (i) The Loan Tape Collateral Obligation Tape, and the information contained in each Notice of Borrowing, is an accurate and complete listing of all the Loan Assets Collateral Obligations contained in the Collateral Portfolio as of the related Cut-Off Date such date of determination and the information contained therein with respect to the identity of each such item of Collateral Portfolio Obligation and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Datecorrect, (ii) each Loan Asset Collateral Obligation designated on any Borrowing Base Certificate as an Eligible Loan Asset Collateral Obligation and each Loan Asset Collateral Obligation included as an Eligible Loan Asset Collateral Obligation in any calculation of the Borrowing Base or a Borrowing Base Deficiency is an Eligible Loan Asset, in each case, satisfying all criteria set forth in the definition Collateral Obligation as of “Eligibility Criteria” such date and (iii) with respect to each item of Collateral Obligation contained in the Collateral Portfolio, all requisite consents, licenses, approvals or authorizations or declarations of or registrations or declarations of with any Governmental Authority or any Person required to be have been duly obtained, effected or given given, are in full force and effect and have been received by the Borrower Borrower, in connection with the transfer of a security interest in each item of Collateral Portfolio therein, and duly delivered to the Collateral Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. For the avoidance of doubt, any inaccurate representation that a Loan Asset Collateral Obligation is an Eligible Loan Asset Collateral Obligation hereunder or under the Purchase and Sale Agreement or the Master Participation Agreement shall not constitute an Event of Default if the Borrower complies with Section 2.07(c2.07(b) hereunder and such Loan is repurchased by the Transferor complies with Section 6.1 of Seller pursuant to the Purchase and Sale Agreement or the Master Participation Agreement.

Appears in 1 contract

Samples: Loan and Servicing Agreement (MSD Investment Corp.)

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