Information True and Correct. All information heretofore or hereafter furnished by or on behalf of the Services Provider in writing to any Lender, the Collateral 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 Services Provider, true and correct in all material respects to the knowledge 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 not misleading (or, if not prepared by or under the direction of the Services Provider, does not omit to state such a fact to the knowledge of the Services Provider (after reasonable inquiry)). The Services Provider (i) will not 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 is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the applicable 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 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 projections, forward-looking information, general economic data, industry information or information relating to third parties) heretofore or hereafter furnished by or on behalf of the Services Provider in writing Seller to the Purchaser or any Lender, the Collateral Agent or the Facility Agent assignee thereof 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 Services ProviderBorrower, is true and correct in all material respects to the knowledge of the Services Provider (after reasonable inquiry)Borrower’s knowledge) and does not and will not omit to state a material fact necessary to make the statements contained therein 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 Services ProviderBorrower, 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 Services Provider (after reasonable inquiry)). The Services Provider (i) will Seller; provided, further, that the foregoing proviso shall not furnish (and has not furnished) any such information apply to any Lender, the information covered by a Collateral Agent, any Agent Manager report or the Facility Agent certification or presented in connection with this Agreement a Funding Notice or any transaction contemplated hereby that it knows (or knew) (after reasonable inquiry) 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 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 when furnishedBorrowing Base Certificate.
Appears in 2 contracts
Samples: Loan Sale Agreement (Oaktree Specialty Lending Corp), Loan Sale Agreement (Fifth Street Senior Floating Rate Corp.)
Information True and Correct. All information (other than any information provided to it by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Services Provider it in writing to any Lender, the Collateral Agent, the Collateral Administrator, 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, or if not prepared by or under the direction of the Services Providerits direction, is true and correct in all material respects to the knowledge of the Services Provider (after reasonable inquiry)its knowledge) and does not and will not omit to state a any material fact necessary to make the statements contained therein not misleading (or, if not prepared by or under the direction of the Services Providerits direction, does not omit to state such a fact to the knowledge of the Services Provider (its knowledge), in each case after reasonable inquiry))giving effect to all supplements and updates thereto. The Services Provider With respect to any information received from any un-Affiliated third party, it (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, the Collateral Administrator, any Lender 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 is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the Collateral Administrator, 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 when 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 any information provided to the Borrower by an un-Affiliated third party) heretofore or hereafter furnished by or on behalf of the Services Provider Borrower in writing to any Lender, the Collateral Agent, the Collateral Administrator 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 Services Provider, true and correct in all material respects to the knowledge of the Services Provider (after reasonable inquiry)) and does not and will not omit to state a any material fact necessary to make the statements contained therein not misleading (ormisleading. With respect to any information received from any un-Affiliated third party, if not prepared by or under the direction of the Services Provider, does not omit to state such a fact to the knowledge of the Services Provider (after reasonable inquiry)). The Services Provider Borrower (i) will not furnish (and has not furnished) any such information to any Lender, the Collateral Agent, the Collateral Administrator, any Lender 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 is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral Agent, the Collateral Administrator, 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 when after such information was furnished.
Appears in 1 contract
Samples: Loan 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 Services Provider Servicer in writing to any Lender, the Collateral Agent Administrator, the Collateral Custodian or the Facility 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 Services Provider, true and correct in all material respects after giving effect to the knowledge of the Services Provider (after reasonable inquiry)) any updates thereto and does not and will not omit to state a 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 with respect to information relating to third parties, the direction of the Services Provider, does not omit Servicer makes such representation to state such a fact to the knowledge of the Services Provider (after reasonable inquiry)its actual knowledge). The Services Provider With respect to any information 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 AgentAdministrator, any Agent the Collateral Custodian or the Facility Administrative 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 is (or was) furnished in any material respect and (ii) has informed (or will inform) the applicable Lender, the Collateral AgentAdministrator, the applicable Agent Collateral Custodian or the Facility Administrative Agent, as applicable, of any such information which it found after such information was furnished to be incorrect in any material respect when after such information was furnished.
Appears in 1 contract
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund)