Information True and Correct. All information (other than any information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent or the Agent in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole), as of the date such information is furnished, true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)) and does not omit to state any material fact necessary to make the statements contained therein not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiry)), in each case, after giving effect to all written updates provided by the Borrower, the Collateral Manager or the Equityholder or on its behalf to the Agent or any Lender. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent or the Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished.
Appears in 6 contracts
Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Owl Rock Capital Corp III)
Information True and Correct. All information (other than any information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole), as of the date such information is furnished, true and correct in all material respects (or if not prepared by or under the direction of the a Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)) and does not omit to state any material fact necessary to make the statements contained therein not misleading (or, if not prepared by or under the direction of the a Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiry)), in each case, after giving effect to all written updates provided by the Borrower, the Collateral Manager or the Equityholder or on its behalf to the Agent or any Lender. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent or the Facility Agent, as applicable, of any such information which it found after such information was furnished to be incorrect in any material respect after such information was when furnished.
Appears in 2 contracts
Samples: Loan Financing and Servicing Agreement (Owl Rock Capital Corp), Loan Financing and Servicing Agreement (Owl Rock Capital Corp)
Information True and Correct. All information (other than any projections, forward-looking information provided or information relating to third parties that are not Affiliates of the Borrower by an un-Affiliated third partyBorrower, the Equityholder or the Servicer) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole), as of the date such information is furnished, ) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)knowledge) and does not omit to state any a material fact necessary to make the statements contained therein (taken as a whole) not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiryknowledge)), in each case, after giving effect to all written updates provided . Any projections heretofore prepared by the BorrowerBorrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Manager Agent or the Equityholder or on its behalf to the Facility Agent in connection with this Agreement or any Lendertransaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent or the Facility Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished.
Appears in 2 contracts
Samples: Loan Financing and Servicing Agreement (MSD Investment Corp.), Loan Financing and Servicing Agreement (MSD Investment Corp.)
Information True and Correct. All information (other than projections, forward-looking information and any information provided to the Borrower or the Collateral Manager by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Borrower Collateral Manager in writing to any Lender, the Collateral AgentAdministrator, any Lender Agent the Collateral Custodian or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole)subject to any modifications, as of the date such information is furnishedsupplements, true and correct in all material respects (amendments or if not prepared by or under the direction of the Borrower, revisions thereto) is true and correct in all material respects as of the date provided (or, to the Borrower’s knowledge (after reasonable inquiry)extent any such information refers to an earlier date, as of such earlier date) and does not omit to state any material fact necessary to make the statements contained therein not misleading (ortherein, if not prepared by or under the direction in light of the Borrowercircumstances under which they were made, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiry)), in each case, after giving effect to all written updates provided by the Borrower, the Collateral Manager or the Equityholder or on its behalf to the Agent or any Lendermisleading. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral AgentAdministrator, any Lender Agent the Collateral Custodian or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral AgentAdministrator, the applicable Lender Agent Collateral Custodian or the Administrative Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished. Any projections or forward-looking information provided by or on behalf of the Collateral Manager to any Lender, the Collateral Administrator, the Collateral Custodian or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby were prepared in good faith based on assumptions believed by the Collateral Manager to be reasonable at the time so prepared.
Appears in 1 contract
Information True and Correct. All information (other than any projections, forward-looking information provided or information relating to third parties that are not Affiliates of the Borrower by an un-Affiliated third partyBorrower, the Equityholder or the Servicer) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole), as of the date such information is furnished, ) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)knowledge) and does not omit to state any a material fact necessary to make the statements contained therein (taken as a whole) not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiryknowledge)), in each case, after giving effect to all written updates provided . Any projections heretofore prepared by the BorrowerBorrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Manager Agent or the Equityholder or on its behalf to the Facility Agent in connection with this Agreement or any Lendertransaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this USActive 58353885.2 Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent or the Facility Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished.
Appears in 1 contract
Samples: Financing and Servicing Agreement (MSD Investment Corp.)
Information True and Correct. All information (other than any information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent or, exhibits, financial statements, documents, books, records or reports furnished to the Facility Agent or any Lender (including any such items delivered upon request of the Facility Agent or any Lender) in connection with this Agreement or any transaction contemplated hereby is and will be (when taken as a whole), as of the date such information is furnished, ) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)) and does not omit to state any material fact necessary to make the statements contained therein not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiry)), in each case, after giving effect to all written updates provided by the Borrower, the Collateral Manager or the Equityholder or on its behalf to the Agent or any Lendermisleading. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent or the Facility Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnishedfurnished.(other than projections, pro forma financial information forward looking information, general economic data or industry information and, with respect to information prepared by the Servicer or an Affiliate or agent thereof for internal use or consideration, statements as to, or the failure to make a statement as to, the value of, collectibility of, prospects of or potential risks or benefits associated with such loan or the related Obligor) provided or prepared by the Borrower, the Servicer or the Equityholder, are, as of their respective delivery dates, (or in the case of reports, financial statements or similar information or records, the stated date thereof), true, complete and correct in all material respects; provided that, to the extent any such information was furnished by an Obligor or any other third party, such information is true, correct and complete in all material respects to the actual knowledge of a Responsible Officer of the Servicer as of the date provided, in each case, after giving effect to all written updates provided by the Borrower, the Servicer or the Equityholder or on its behalf to the Facility Agent or any Lender.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)
Information True and Correct. All information (other than any information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Borrower Servicer in writing to any Lender, the Collateral AgentAdministrator, any Lender Agent the Collateral Custodian or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby (other than projections, forward-looking information, general economic data or industry information and with respect to any information or documentation prepared by the Servicer or one of its Affiliates for internal use or consideration, statements as to (or the failure to make a statement as to) the value of, collectability of, prospects of or potential risks or benefits associated with a Collateral Asset or obligor) is and will be (when taken as a whole), as of the date such information is furnished, ) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects after giving effect to the Borrower’s knowledge (after reasonable inquiry)) any updates thereto and does not omit to state any material fact necessary to make the statements contained therein therein, in light of the circumstances under which they were made, not misleading (orprovided that, if not prepared by or under the direction of the Borrower, does not omit with respect to state such a fact information relating to the Borrower’s knowledge (after reasonable inquiry)), in each case, after giving effect to all written updates provided by the Borrowerthird parties, the Collateral Manager or the Equityholder or on Servicer makes such representation to its behalf to the Agent or any Lenderactual knowledge). With respect to any information received from any un-Affiliated third party, the Borrower Servicer (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral AgentAdministrator, any Lender Agent the Collateral Custodian or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral AgentAdministrator, the applicable Lender Agent Collateral Custodian or the Administrative Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished.. USActive 57710049.13-86-
Appears in 1 contract
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Information True and Correct. All information (other than any projections, forward-looking information provided or information relating to third parties that are not Affiliates of the Borrower by an un-Affiliated third partyBorrower, the Equityholder or the Servicer) heretofore or hereafter furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent, any Lender Agent the Collateral Administrator or the Facility Agent in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Date but after taking into account all updates, modifications and supplements to such information) is and will be (when taken as a whole), as of the date such information is furnished, ) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge (after reasonable inquiry)knowledge) and does not omit to state any a material fact necessary to make the statements contained therein (when taken as a whole) not misleading misleading. (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge (after reasonable inquiryknowledge)), in each case, after giving effect to all written updates provided . Any projections heretofore prepared by the BorrowerBorrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Manager Agent or the Equityholder or on its behalf to the Facility Agent in connection with this Agreement or any Lendertransaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable. With respect to any information received from any un-Affiliated third party, the Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Lender Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable Lender Agent Collateral Administrator or the Facility Agent, as applicable, of any such information which it found to be incorrect in any material respect after such information was furnished.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Stellus Private Credit BDC)