Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 153 contracts
Samples: Loan and Security Agreement (Blue Owl Credit Income Corp.), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Overland Advantage)
Mergers, Acquisition, Sales, etc. The Servicer (unless the Backup Servicer is then the Successor Servicer) will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 13 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
Mergers, Acquisition, Sales, etc. The initial Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the initial Servicer is the surviving entity and unless:
Appears in 5 contracts
Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Credit Agreement (Golub Capital BDC, Inc.)
Mergers, Acquisition, Sales, etc. The initial Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 4 contracts
Samples: Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)
Mergers, Acquisition, Sales, etc. The Other than the Acquisition, the Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer sell its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 4 contracts
Samples: Loan and Security Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Mergers, Acquisition, Sales, etc. The Other than the transactions contemplated by the Acquisition Agreement, the Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any PersonPerson (other than an Affiliate), unless the Servicer is the surviving entity and unless:
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Solar Senior Capital Ltd.)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person (unless the Servicer is the surviving entity) or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and Person unless:
Appears in 3 contracts
Samples: Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Servicing Agreement (AGTB Private BDC), Loan and Servicing Agreement (AGTB Private BDC)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:other than contemplated in Section 7.16.
Appears in 2 contracts
Samples: Warehouse Agreement (Vroom, Inc.), Warehouse Agreement (Vroom, Inc.)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 2 contracts
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Security Agreement (North Haven Private Income Fund LLC)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless (x) except in connection with a Permitted Equityholder Transaction (for which the Servicer is the surviving entity and shall have delivered prompt notice) or (y) in all other cases, unless:
Appears in 2 contracts
Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
Mergers, Acquisition, Sales, etc. The Servicer (so long as it is the Originator) will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:
Appears in 1 contract
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:(unless otherwise waived by the Required Lenders):
Appears in 1 contract
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Mergers, Acquisition, Sales, etc. The Unless the Servicer is the surviving company in a merger, the Servicer will not consolidate with or merge into any other Person Person, perform a Division Transaction or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and Person unless:
Appears in 1 contract
Samples: Security and Servicing Agreement (Monroe Capital Income Plus Corp)
Mergers, Acquisition, Sales, etc. The Servicer will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, unless the Servicer is the surviving entity and unless:other than contemplated in Section 7.16. 87
Appears in 1 contract
Samples: Warehouse Agreement (Vroom, Inc.)