Common use of Eligibility of Collateral Clause in Contracts

Eligibility of Collateral. (i) The Loan Asset Schedule, and the information contained in each Notice of Borrowing, is an accurate and complete listing of all the Loan Assets contained in the Collateral as of the related Cut-Off Date and the information contained therein with respect to the identity of such item of Collateral and the amounts owing thereunder is true and correct 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, (iii) with respect to each Loan Asset included as an Eligible Loan Asset, the Investment Criteria was satisfied on the date on which the Borrower (or the Servicer on its behalf) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each item of Collateral, 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 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. Any inaccurate representation that a Loan Asset is an Eligible Loan Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunder.

Eligibility of Collateral. (i) The Loan Asset Schedule, and the information contained in each Notice of Borrowing, is an accurate and complete listing of all the Loan Assets contained in the Collateral as of the related Cut-Off Date and the information contained therein with respect to the identity of such item of Collateral and the amounts owing thereunder is true and correct 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, (iii) with respect to each Loan Asset included as an Eligible Loan Asset, the Investment Criteria was satisfied on the date on which the Borrower (or the Servicer on its behalf) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each item of Collateral, 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 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. Any inaccurate representation that a Loan Asset is an Eligible Loan Asset hereunder or under any other Transaction Document the Purchase and Sale Agreement shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderhereunder and the Transferor complies with Section 6.1 of the Purchase and Sale Agreement. Notwithstanding the above, any Loan Asset that meets the requirements of the definition of “Eligible Loan Asset” other than with respect to clause (1) of the Eligibility Criteria shall be deemed to be an Eligible Loan Asset, subject to the proviso in Section 3.04(f).

Eligibility of Collateral. (i) The Loan Asset Schedule, the Borrowing Base Certificate and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Portfolio Assets contained in the Collateral as of the related Cut-Off Date or Advance Date, as applicable, and the information contained therein with respect to the identity of such item of the Collateral and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date or Advance Date, as applicable, (ii) each Loan such Portfolio Asset designated on the Loan Asset Schedule or any Borrowing Base Certificate as an Eligible Loan Portfolio Asset and each Loan such Portfolio Asset included as an Eligible Loan Portfolio Asset in any calculation of the Borrowing Base or Borrowing Base Deficiency is an Eligible Portfolio Asset of the kind (i.e., Senior Loan, Junior Loan Assetor Asset Based Loan) specified therein, (iii) the Borrower has complied in all material respects with the requirements of this Agreement, including Article IX, with respect to each such Portfolio Asset, including delivery to the Collateral Custodian of the Loan Asset included File therefor as an Eligible Loan Asset, the Investment Criteria was satisfied on the date on which the Borrower (or the Servicer on its behalfprovided in Section 5.01(f) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each such item of Collateral, 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 grant of a security interest in each item of Collateral to the Collateral Administrative Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. Any For the avoidance of doubt, any inaccurate representation that a Loan Portfolio Asset is an Eligible Loan Portfolio Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderaggregate Advances Outstanding do not exceed the Maximum Availability assuming such Portfolio Asset was not included as an Eligible Portfolio Asset in the calculation of the Borrowing Base.

Eligibility of Collateral. (i) The Loan Asset Schedule, the Borrowing Base Certificate and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Portfolio Assets contained in the Collateral as of the related Cut-Off Date or Advance Date, as applicable, and the information contained therein with respect to the identity of such item of the Collateral and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date or Advance Date, as applicable, (ii) each Loan such Portfolio Asset designated on the Loan Asset Schedule or any Borrowing Base Certificate as an Eligible Loan Portfolio Asset and each Loan such Portfolio Asset included as an Eligible Loan Portfolio Asset in any calculation of the Borrowing Base or Borrowing Base Deficiency is an Eligible Portfolio Asset of the kind (i.e., Senior Loan, Junior Loan, Asset Based Loan, Recurring Revenue Loan Assetor Senior Note) specified therein, (iii) the Borrower has complied in all material respects with the requirements of this Agreement, including Article IX, with respect to each Loan Asset included as an Eligible Loan such Portfolio Asset, including delivery to the Investment Criteria was satisfied on Collateral Custodian (with a copy to the date on which Calculation Agent and Initial Lender) of the Borrower (or the Servicer on its behalfRequired Loan Documents therefor as provided in Section 5.01(g) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each such item of Collateral, 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 grant of a security interest in each item of Collateral to the Collateral Administrative Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. Any For the avoidance of doubt, any inaccurate representation that a Loan Portfolio Asset is an Eligible Loan Portfolio Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderaggregate Advances Outstanding do not exceed the Maximum Availability assuming such Portfolio Asset was not included as an Eligible Portfolio Asset in the calculation of the Borrowing Base.

Eligibility of Collateral. (i) The Loan Portfolio Asset Schedule, each Borrowing Base Certificate, each LTV Certificate, each Fund Report, each NAV Reporting Package and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Portfolio Assets contained in the Collateral as of the related Cut-Off Date date specified in such schedule, certificate or report and the information contained therein with respect to the identity of such item of Collateral and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Datesuch date, (ii) each Loan such Portfolio Asset designated on the Portfolio Asset Schedule or any Borrowing Base Certificate as an Eligible Loan Portfolio Asset and each Loan such Portfolio Asset included as an Eligible Loan Portfolio Asset in any calculation of the Borrowing Base or Borrowing Base Deficiency is an Eligible Portfolio Asset of the kind (i.e., Senior Loan Assetor Second Lien Loan) specified therein, (iii) the Borrower has complied in all material respects with the requirements of this Agreement, including Article IX, with respect to each Loan Asset included as an Eligible Loan Portfolio Asset, the Investment Criteria was satisfied on the date on which the Borrower (or the Servicer on its behalf) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each item of Collateral, 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 grant of a security interest in each item of Collateral to the Collateral Administrative Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. Any inaccurate representation that a Loan Portfolio Asset is an Eligible Loan Portfolio Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderaggregate Advances Outstanding do not exceed the Maximum Availability assuming such Portfolio Asset was not included as an Eligible Portfolio Asset in the calculation of the Borrowing Base.

Eligibility of Collateral. (i) The Loan Asset Schedule, the Borrowing Base Certificate and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Portfolio Assets contained in the Collateral as of the related Cut-Off Date or Advance Date, as applicable, and the information contained therein with respect to the identity of such item of the Collateral and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date or Advance Date, as applicable, (ii) each Loan such Portfolio Asset designated on the Loan Asset Schedule or any Borrowing Base Certificate as an Eligible Loan Portfolio Asset and each Loan such Portfolio Asset included as an Eligible Loan Portfolio Asset in any calculation of the Borrowing Base or Borrowing Base Deficiency is an Eligible Portfolio Asset of the kind (i.e., Senior Loan, Junior Loan, Asset Based Loan Assetor Recurring Revenue Loan) specified therein, (iii) the Borrower has complied in all material respects with the requirements of this Agreement, including Article IX, with respect to each Loan Asset included as an Eligible Loan such Portfolio Asset, including delivery to the Investment Criteria was satisfied on Collateral Custodian (with a copy to the date on which Calculation Agent and Initial Lender) of the Borrower (or the Servicer on its behalfRequired Loan Documents therefor as provided in Section 5.01(g) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each such item of Collateral, 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 grant of a security interest in each item of Collateral to the Collateral Administrative Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. Any For the avoidance of doubt, any inaccurate representation that a Loan Portfolio Asset is an Eligible Loan Portfolio Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderaggregate Advances Outstanding do not exceed the Maximum Availability assuming such Portfolio Asset was not included as an Eligible Portfolio Asset in the calculation of the Borrowing Base.

Eligibility of Collateral. (i) The Loan Asset Schedule, the Borrowing Base Certificate and the information contained in each Notice of Borrowing, Borrowing is an accurate and complete listing of all the Loan Portfolio Assets contained in the Collateral as of the related Cut-Off Cut‐Off Date or Advance Date, as applicable, and the information contained therein with respect to the identity of such item of the Collateral and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Cut‐Off Date or Advance Date, as applicable, (ii) each Loan such Portfolio Asset designated on the Loan Asset Schedule or any Borrowing Base Certificate as an Eligible Loan Portfolio Asset and each Loan such Portfolio Asset included as an Eligible Loan Portfolio Asset in any calculation of the Borrowing Base or Borrowing Base Deficiency is an Eligible Portfolio Asset of the kind (i.e., Senior Loan, Senior Note, Junior Loan Assetor Asset Based Loan) specified therein, (iii) the Borrower has complied in all material respects with the requirements of this Agreement, including Article IX, with respect to each such Portfolio Asset, including delivery to the Collateral Custodian of the Loan Asset included File therefor as an Eligible Loan Asset, the Investment Criteria was satisfied on the date on which the Borrower (or the Servicer on its behalfprovided in Section 5.01(f) committed to purchase such Eligible Loan Asset (and after giving effect to such commitment), and (iv) with respect to each such item of Collateral, 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 grant of a security interest in each item of Collateral to the Collateral Administrative Agent, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. Any For the avoidance of doubt, any inaccurate representation that a Loan Portfolio Asset is an Eligible Loan Portfolio Asset hereunder or under any other Transaction Document shall not constitute an Event of Default if the Borrower complies with Section 2.07(b) hereunderaggregate Advances Outstanding do not exceed the Maximum Availability assuming such Portfolio Asset was not included as an Eligible Portfolio Asset in the calculation of the Borrowing Base.