Common use of IT Systems Clause in Contracts

IT Systems. Neither the Adviser nor the Administrator is aware of any security breach or incident, unauthorized access or disclosure, or other compromise relating to IT Systems used by the Adviser or the Administrator. The Adviser’s or the Administrator’s IT systems are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Adviser and the Administrator as currently conducted, and, to the knowledge of the Adviser and the Administrator, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect. The Adviser and the Administrator have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and data (including Personal Data) used in connection with their business, and there have been no breaches, violations, outages or unauthorized uses of or access to the same, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect. The Adviser and the Administrator are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect.

IT Systems. Neither the The Adviser nor the Administrator is not aware of any security breach or incident, unauthorized access or disclosure, or other compromise relating to IT Systems used by the Adviser or the AdministratorAdviser. The Adviser’s or the Administrator’s IT systems are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Adviser and the Administrator as currently conducted, and, to the knowledge of the Adviser and the AdministratorAdviser, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, as which, singly or in the aggregate, would not reasonably be expected to, individually or in the aggregate, to have a Material Adverse Effect. The Adviser and the Administrator have has implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and data (including Personal Data) used in connection with their business, and there have been no breaches, violations, outages or unauthorized uses of or access to the same, except, in each case, as which, singly or in the aggregate, would not reasonably be expected to, individually or in the aggregate, to have a Material Adverse Effect. The Adviser and the Administrator are is presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except, in each case, as which, singly or in the aggregate, would not reasonably be expected to, individually or in the aggregate, to have a Material Adverse Effect.

IT Systems. Neither Except as would not be expected, individually or in the Adviser nor aggregate, to have a Material Adverse Effect, the Administrator is aware of any security breach or incidentPartnership’s and its Subsidiaries’ information technology assets and equipment, unauthorized access or disclosurecomputers, or other compromise relating to IT Systems used by the Adviser or the Administrator. The Adviser’s or the Administrator’s IT systems are adequate forsystems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) operate and perform in all material respects as required in connection with the operation of the business of the Adviser Partnership and the Administrator its Subsidiaries as currently conducted, andfree and clear of, to the knowledge of the Adviser and the AdministratorPartnership, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, . Except as would not reasonably be expected toexpected, individually or in the aggregate, to have a Material Adverse Effect. The Adviser , (i) the Partnership and the Administrator its Subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its their material confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and all personal data (including Personal Data) used and sensitive, confidential or regulated data maintained or processed by the Partnership and its Subsidiaries in connection with their businessbusinesses (collectively, the “Confidential Data”), and (ii) to the knowledge of the Partnership, there have been no breaches, violations, outages or unauthorized uses of or access accesses to such Confidential Data, except for those that have been remedied without material cost or liability or the same, except, in each case, duty to notify any other person. Except as would not reasonably be expected toexpected, individually or in the aggregate, to have a Material Adverse Effect. The Adviser , to the knowledge of the Obligors, the Partnership and the Administrator its Subsidiaries are presently in material compliance with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, and all internal policies and contractual obligations relating to of the Partnership and its Subsidiaries, governing the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Confidential Data and to the protection of such IT Systems and Personal Confidential Data from unauthorized use, access, misappropriation or modification, except, in . Any certificate signed by an officer of any Obligor and delivered to the Underwriters or to counsel for the Underwriters shall be deemed to be a representation and warranty by the applicable Obligor to each case, Underwriter as would not reasonably be expected to, individually or in to the aggregate, have a Material Adverse Effectmatters set forth therein.

IT Systems. Neither None of the Adviser nor the Administrator Fidus Entities is aware of any security breach or incident, unauthorized access or disclosure, or other compromise relating to IT Systems the information technology and computer systems, data and databases used by the Adviser or the AdministratorFidus Entities (collectively, “IT Systems”). The Adviser’s or the Administrator’s Fidus Entities’ IT systems are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Adviser and the Administrator Fidus Entities as currently conducted, and, to the knowledge of the Adviser and the Administrator, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect. The Adviser and the Administrator Fidus Entities have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their business, and there have been no breaches, violations, outages or unauthorized uses of or access to the same, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect. The Adviser and the Administrator Fidus Entities are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except, in each case, as would not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect.

IT Systems. Neither the Adviser nor the Administrator is aware of any security breach or incidentThe Company and its subsidiaries’ information technology assets and equipment, unauthorized access or disclosurecomputers, or other compromise relating systems, networks, hardware, software, websites, applications, and databases used to process, store, maintain and operate data, information and functions (collectively, “IT Systems used Systems”) are reasonably believed by the Adviser or the Administrator. The Adviser’s or the Administrator’s IT systems are Company to be adequate in all respects for, and operate and perform in all material respects as required in connection with the operation of the business of the Adviser Company and the Administrator its subsidiaries as currently conducted, conducted and, to the knowledge of the Adviser and the AdministratorCompany’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, except as would not reasonably be expected to, individually or in the aggregate, have aggregate reasonably be expected to result in a Material Adverse EffectChange. The Adviser Company and the Administrator its subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its material their confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businessbusinesses, and and, to the knowledge of the Company, there have been no breaches, violations, outages or unauthorized uses of or access accesses to same, except for those that (a) have been remedied without cost or liability or (b) did not result in a duty to notify any regulator or other person, nor any incidents under internal review or investigations relating to the same, except, in each case, except for such failures as would not reasonably be expected to, individually or in the aggregate, have aggregate reasonably be expected to result in a Material Adverse EffectChange. The Adviser Company and the Administrator its subsidiaries are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except, in each case, except for such failures as would not reasonably be expected to, individually or in the aggregate, have aggregate reasonably be expected to result in a Material Adverse EffectChange.

IT Systems. Neither Except as would not be expected, individually or in the Adviser nor aggregate, to have a Material Adverse Effect, the Administrator is aware of any security breach or incidentPartnership’s and its Subsidiaries’ information technology assets and equipment, unauthorized access or disclosurecomputers, or other compromise relating to IT Systems used by the Adviser or the Administrator. The Adviser’s or the Administrator’s IT systems are adequate forsystems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) operate and perform in all material respects as required in connection with the operation of the business of the Adviser Partnership and the Administrator its Subsidiaries as currently conducted, andfree and clear of, to the knowledge of the Adviser and the AdministratorPartnership, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, except, in each case, . Except as would not reasonably be expected toexpected, individually or in the aggregate, to have a Material Adverse Effect. The Adviser , (i) the Partnership and the Administrator its Subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect its their material confidential information and the integrity, continuous operation, redundancy and security of all material IT Systems and all personal data (including Personal Data) used and sensitive, confidential or regulated data maintained or processed by the Partnership and its Subsidiaries in connection with their businessbusinesses (collectively, the “Confidential Data”), and (ii) to the knowledge of the Partnership, there have been no breaches, violations, outages or unauthorized uses of or access accesses to such Confidential Data, except for those that have been remedied without material cost or liability or the same, except, in each case, duty to notify any other person. Except as would not reasonably be expected toexpected, individually or in the aggregate, to have a Material Adverse Effect. The Adviser , to the knowledge of the Partnership, the Partnership and the Administrator its Subsidiaries are presently in material compliance with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, and all internal policies and contractual obligations relating to of the Partnership and its Subsidiaries, governing the privacy and security of the IT Systems used by the Adviser or the Administrator and all Personal Confidential Data and to the protection of such IT Systems and Personal Confidential Data from unauthorized use, access, misappropriation or modification, except, in . Any certificate signed by an officer of any Obligor and delivered to the Underwriters or to counsel for the Underwriters shall be deemed to be a representation and warranty by the applicable Obligor to each case, Underwriter as would not reasonably be expected to, individually or in to the aggregate, have a Material Adverse Effectmatters set forth therein.