Common use of Information True and Correct Clause in Contracts

Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative 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 (when taken as a whole) 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) and does not omit to state a material fact necessary to make the statements contained therein (when 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). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.

Appears in 6 contracts

Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Loan Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (HMS Income Fund, Inc.)

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Information True and Correct. All information (other than projections, forward-looking information heretofore or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore hereafter furnished by or on behalf of the Borrower Seller in writing to any Lender, the Collateral Agent or the Administrative Agent Purchaser 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 is and supplements to such information) is will be (when taken as a whole) ), as of the date such information is furnished, true and correct in all material respects (or or, if not prepared by or under the direction of the BorrowerSeller, is true and correct in all material respects to the Borrower’s knowledgeknowledge of the Seller (after reasonable inquiry)) and does not and will not omit to state a material fact necessary to make the statements contained therein (when taken as a whole) not misleading (or, if not prepared by or under the direction of the BorrowerSeller, does not omit to state such a fact to the Borrower’s knowledgeknowledge of the Seller (after reasonable inquiry)). Any projections heretofore prepared by The Seller (i) will not furnish (and has not furnished) any such information to the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Agent Purchaser in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer it knows (or its Affiliates, as applicable, believes knew) (after reasonable inquiry) to be reasonableincorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the Purchaser and the Facility Agent of any such information which it found after such information was furnished to be incorrect in any material respect when furnished.

Appears in 3 contracts

Samples: Sale and Contribution Agreement (Owl Rock Capital Corp III), Sale and Contribution Agreement (Owl Rock Core Income Corp.), Sale and Contribution Agreement (Owl Rock Capital Corp)

Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Closing Date but after taking into account all updates, modifications and supplements to such information) is (when taken as a whole) 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) and does not omit to state a material fact necessary to make the statements contained therein (when 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). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.

Appears in 2 contracts

Samples: Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.), Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC)

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Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative 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 (when taken as a whole) 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) and does not omit to state a material fact necessary to make the statements contained therein (when 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). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.

Appears in 1 contract

Samples: Financing and Servicing Agreement (Capital Southwest Corp)

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