Common use of Eligibility of Collateral Clause in Contracts

Eligibility of Collateral. (i) The Loan Tape and the information contained in each Borrowing Notice or each Repayment Notice, as applicable, delivered pursuant to Sections 2.2 or 2.3, as applicable, is an accurate and complete listing in all material respects of all Collateral as of the related Funding Date and the information contained therein with respect to the identity of such Collateral and the amounts owing thereunder is true, correct and complete as of the related Funding Date, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan included as an Eligible Loan in any calculation of Borrowing Base is an Eligible Loan, (iii) each such item of Collateral is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Applicable Law 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 pledge of a security interest in such 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.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

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Eligibility of Collateral. The Borrower has conducted such due diligence and other review as it considered necessary with respect to the Loans set forth on Schedule III. As of the Amendment and Restatement Effective Date and each Funding Date thereafter, (i) The the Loan Tape List and the information contained in each Borrowing Funding Notice or each Repayment Notice, as applicable, delivered pursuant to Sections 2.2 or 2.3, as applicableSection 2.2, is an accurate and complete listing in all material respects of all Loans included in the Collateral as of the related Funding Date and the information contained therein with respect to the identity of such Collateral Loans and the amounts owing thereunder is true, correct and complete in all material respects as of the related Funding Date, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan included as an Eligible Loan in any calculation of the Borrowing Base is an Eligible Loan, (iii) each such item of Loan included in the Collateral is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Applicable Law Laws in all material respects and (iv) with respect to each such item of Loan included in the Collateral, all material 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 pledge transfer of a an ownership interest or security interest in such Collateral to the Collateral Agent, Administrative Agent as agent for the benefit of the Secured Parties have been duly obtained, effected or given and are in full force and effect.

Appears in 1 contract

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

Eligibility of Collateral. The Borrower has conducted such due diligence and other review as it considered necessary with respect to the Loans set forth on the Loan List. As of the Effective Date and each Funding Date, (i) The the Loan Tape List and the information contained in each Borrowing Funding Notice or each Repayment Notice, as applicable, delivered pursuant to Sections 2.2 or 2.3, as applicableSection 2.2, is an accurate and complete listing in all material respects of all Loans included in the Collateral as of the related Funding Date and the information contained therein with respect to the identity of such Collateral Loans and the amounts owing thereunder is true, correct and complete as of the related Funding Date, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan included as an Eligible Loan in any calculation of the Borrowing Base is an Eligible Loan, (iii) each such item of Loan included in the Collateral is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Applicable Law Laws and (iv) with respect to each such item of Loan included in the 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 pledge transfer of a an ownership interest or security interest in such Collateral to the Collateral Agent, Administrative Agent as agent for the benefit of the Secured Parties have been duly obtained, effected or given and are in full force and effect.. [FS Investment] Loan and Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (FS KKR Capital Corp)

Eligibility of Collateral. The Borrower has conducted such due diligence and other review as it considered necessary with respect to the Loans set forth on the Loan List. As of the Effective Date and each Funding Date, (i) The the Loan Tape List and the information contained in each Borrowing Funding Notice or each Repayment Notice, as applicable, delivered pursuant to Sections 2.2 or 2.3, as applicableSection 2.2, is an accurate and complete listing in all material respects of all Loans included in the Collateral as of the related Funding Date and the information contained therein with respect to the identity of such Collateral Loans and the amounts owing thereunder is true, correct and complete as of the related Funding DateDate in all material respects, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan included as an Eligible Loan in any calculation of the Borrowing Base is an Eligible Loan, (iii) each such item of Loan included in the Collateral is free and clear of any Lien of any Person (other than Permitted Liens described in clause (a), clause (d) or clause (f) of the definition of “Permitted Liens) and in compliance with all Applicable Law Laws and (iv) with respect to each such item of Loan included in the 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 pledge transfer of a an ownership interest or security interest in such Collateral to the Collateral Agent, Administrative Agent as agent for the benefit of the Secured Parties have been duly obtained, effected or given and are in full force and effect.

Appears in 1 contract

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

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Eligibility of Collateral. As of the Closing Date and each Cut-Off Date, (i) The the Loan Tape and the information contained in each the Borrowing Notice or each Repayment Notice, as applicable, delivered pursuant to Sections 2.2 or 2.3, as applicable, Section 2.3 is an accurate and complete listing in all material respects of all Collateral as of the related Funding Cut-Off Date and the information contained therein with respect to the identity of such Collateral and the amounts owing thereunder is true, true and correct and complete as of the related Funding Cut-Off Date, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan that is included as an Eligible Loan in any calculation of the Borrowing Base is an Eligible Loan, (iii) each such item of Collateral is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Applicable Law and Laws, (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 pledge Grant of a security interest in such Collateral to the Collateral Agent, Trustee for the benefit of the Secured Parties have been duly obtained, effected or given and are in full force and effect, and (v) the representations and warranties set forth in Section 4.2(a) are true and correct with respect to each item of Collateral.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

Eligibility of Collateral. (i) The the Loan Tape List and the information contained in each the Borrowing Notice or each Repayment Notice, as applicable, delivered pursuant to Sections Section 2.2 or Section 2.3, as applicable, is an accurate and complete listing in all material respects of all Collateral as of the related Funding Date and the information contained therein with respect to the identity of such Collateral and the amounts owing thereunder is true, true and correct and complete as of the related Funding Date, (ii) each such Loan designated on any Borrowing Base Certificate as an Eligible Loan and each Loan included as an Eligible Loan in any calculation that is part of the Borrowing Base is an Eligible Loan, (iii) the Borrower owns all right, title and interest in and to each such item of Collateral is Collateral, free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Applicable Law and Laws, (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 pledge Grant of a security interest in such Collateral to the Collateral Agent, Trustee for the benefit of the Secured Parties have been duly obtained, effected or given and are in full force and effect, and (v) the representations and warranties set forth in Section 4.2(a) are true and correct with respect to each item of Collateral.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

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