Common use of Insufficiency of Funds Clause in Contracts

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents.

Appears in 33 contracts

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Ares Capital Corp)

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Insufficiency of Funds. For the sake of clarity, the The parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents, together with interest accrued as set forth in Section 2.08(a), from the Payment Date when due and unpaid hereunder.

Appears in 17 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Senior Investment Corp.)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if If the funds on deposit in the Collection Account are insufficient to pay any amounts otherwise due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain remains responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents, together with interest accrued as set forth in Section 2.05(b) from the date when due until paid hereunder.

Appears in 7 contracts

Samples: Loan and Servicing Agreement (ACRES Commercial Realty Corp.), Loan and Servicing Agreement (ACRES Commercial Realty Corp.), Loan and Servicing Agreement (Cim Real Estate Finance Trust, Inc.)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if the funds on deposit in the Collection applicable Controlled Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Security Agreement (FS Investment Corp III), Loan and Servicing Agreement (FS Energy & Power Fund)

Insufficiency of Funds. For the sake of clarity, the The parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents, together with interest accrued as set forth in Section 2.03(d) from the date when due until paid hereunder.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if If the funds on deposit in the Collection Account are insufficient to pay any amounts otherwise due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain remains responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents, together with interest accrued as set forth in Section 2.05(f) from the date when due until paid hereunder.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (TCG BDC II, Inc.)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documentspriorities set forth herein.

Appears in 2 contracts

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (MSD Investment Corp.)

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Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if If the funds on deposit in the Collection Account Accounts are insufficient to pay any amounts otherwise due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain remains responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents, together with interest accrued as set forth in Section 2.05(f) from the date when due until paid hereunder.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if If the funds on deposit in the Collection Account Accounts are insufficient to pay any amounts otherwise due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain remains responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documents., together with interest accrued as set forth in Section 2.05(f) from the date when due until paid hereunder. (c)

Appears in 1 contract

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and -67- shall pay when due, all amounts payable under this Agreement and the other Transaction Documents in accordance with the terms of this Agreement and the other Transaction Documentspriorities set forth herein.

Appears in 1 contract

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)

Insufficiency of Funds. For the sake of clarity, the parties hereby agree that if the funds on deposit in the Collection Account are insufficient to pay any amounts due and payable on a Payment Date or otherwise, the Borrower shall nevertheless remain responsible for, and shall pay when due, all amounts payable under this Agreement and the other Transaction AmericasActive:18709990.5 Documents in accordance with the terms of this Agreement and the other Transaction Documents.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

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