Common use of Information True and Correct Clause in Contracts

Information True and Correct. All information (other than projections, forward-looking information, general economic data, industry information or information relating to third parties) heretofore furnished by or on behalf of the Seller to the Purchaser or any assignee thereof in connection with this Agreement or any transaction contemplated hereby is true and correct (or, in the case of general economic data, industry information or information relating to third parties, 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, in light of the circumstances under which they were made, (when taken as a whole and after giving effect to any updates thereto) not misleading (or, in the case of general economic data, industry information or information relating to third parties, 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); provided that, solely with respect to written or electronic information furnished by or on behalf of the Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall not apply to any information covered by a Collateral Manager report or certification or presented in a Funding Notice or Borrowing Base Certificate.

Appears in 2 contracts

Samples: Loan Sale Agreement (Oaktree Specialty Lending Corp), Loan Sale Agreement (Fifth Street Senior Floating Rate Corp.)

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Information True and Correct. All information (other than projections, forwardany information provided to it by an un-looking information, general economic data, industry information or information relating to Affiliated third partiesparty) heretofore or hereafter furnished by or on behalf of it in writing to any Lender, the Seller to Collateral Agent, the Purchaser Collateral Administrator, any Lender Agent or any assignee thereof 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, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the Borrowerits direction, is true and correct in all material respects to the Borrower’s its knowledge) and does not omit to state a any material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, (when taken as a whole and after giving effect to any updates thereto) therein not misleading (or, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the Borrowerits direction, does not omit to state such a fact to the Borrower’s its knowledge); provided that, solely with in each case after giving effect to all supplements and updates thereto. With respect to written or electronic information furnished by or on behalf of the Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall not apply to any information covered by a received from any un-Affiliated third party, it (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Manager report Agent, the Collateral Administrator, any Lender Agent or certification the Agent in connection with this Agreement or presented any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in a Funding Notice any material respect and (ii) has informed (or Borrowing Base Certificatewill inform) the applicable Lender, the Collateral Agent, the Collateral Administrator, 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 2 contracts

Samples: Loan and Servicing Agreement (AGL Private Credit Income Fund), Loan and Servicing Agreement (Ares Strategic Income Fund)

Information True and Correct. All information (other than projections, forward-looking information, general economic data, industry information heretofore or information relating to third parties) heretofore hereafter furnished by or on behalf of the Seller Services Provider in writing to any Lender, the Purchaser Collateral Agent or any assignee thereof 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, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the BorrowerServices Provider, is true and correct in all material respects to the Borrower’s knowledgeknowledge of the Services Provider (after reasonable inquiry)) and does not and will not omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, (when taken as a whole and after giving effect to any updates thereto) therein not misleading (or, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the BorrowerServices Provider, does not omit to state such a fact to the Borrower’s knowledge); provided that, solely with respect to written or electronic information furnished by or on behalf of the Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall Services Provider (after reasonable inquiry)). The Services Provider (i) will not apply furnish (and has not furnished) any such information to any Lender, the Collateral Agent, any Agent or the Facility Agent in connection with this Agreement or any transaction contemplated hereby that it knows (or knew) (after reasonable inquiry) to be incorrect at the time such information covered by a is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Manager report Agent, the applicable Agent or certification or presented the Facility Agent, as applicable, of any such information which it found after such information was furnished to be incorrect in a Funding Notice or Borrowing Base Certificateany material respect 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 information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Servicer in writing to any Lender, the Collateral Administrator, 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, data or industry information or information relating and with respect to third parties) heretofore furnished by or on behalf of the Seller to the Purchaser or any assignee thereof in connection with this Agreement or any transaction contemplated hereby is true and correct (or, in the case of general economic data, industry information or information relating to third parties, or if not documentation prepared by the Servicer or under one of its Affiliates for internal use or consideration, statements as to (or the direction failure to make a statement as to) the value of, collectability of, prospects of the Borrower, or potential risks or benefits associated with a Collateral Asset or obligor) is and will be (when taken as a whole) true and correct in all material respects after giving effect to the Borrower’s knowledge) any updates thereto and does not omit to state a any material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, (when taken as a whole and after giving effect to any updates thereto) not misleading (orprovided that, in the case of general economic data, industry information or with respect to information relating to third parties, or if not prepared by or under the direction of the Borrower, does not omit Servicer makes such representation to state such a fact to the Borrower’s its actual knowledge); provided that, solely with . With respect to written or electronic information furnished by or on behalf of the Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall not apply to any information covered by a received from any un-Affiliated third party, the Servicer (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Manager report Administrator, the Collateral Custodian or certification the Administrative Agent in connection with this Agreement or presented any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in a Funding Notice any material respect and (ii) has informed (or Borrowing Base Certificatewill inform) the applicable Lender, the Collateral Administrator, the 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.

Appears in 1 contract

Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund)

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Information True and Correct. All information (other than projections, forwardany information provided to the Borrower by an un-looking information, general economic data, industry information or information relating to Affiliated third partiesparty) heretofore or hereafter furnished by or on behalf of the Seller Borrower in writing to any Lender, the Purchaser Collateral Agent, the Collateral Administrator any Lender Agent or any assignee thereof the Agent in connection with this Agreement or any transaction contemplated hereby is true and correct will be (or, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the Borrower, is when taken as a whole) true and correct in all material respects to the Borrower’s knowledge) and does not omit to state a any material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, (when taken as a whole and after giving effect to any updates thereto) therein not misleading (or, in the case of general economic data, industry information or information relating to third parties, 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); provided that, solely with misleading. With respect to written or electronic information furnished by or on behalf of the Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall not apply to any information covered by a 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 Manager report Agent, the Collateral Administrator, any Lender Agent or certification the Agent in connection with this Agreement or presented any transaction contemplated hereby that it knows (or knew) to be incorrect at the time such information is (or was) furnished in a Funding Notice any material respect and (ii) has informed (or Borrowing Base Certificatewill inform) the applicable Lender, the Collateral Agent, the Collateral Administrator, 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 1 contract

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund)

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