Common use of Notice of Breaches of Representations and Warranties under this Agreement Clause in Contracts

Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall promptly (in the case of Section 4.03(q) or (r), not more than two (2) Business Days after the Servicer receives notice or obtains knowledge thereof) notify the Collateral Agent, the Administrative Agent and the Lender Agents if any representation or warranty set forth in Section 4.03 was materially incorrect at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent, the Administrative Agent and the Lender Agents a written notice setting forth in reasonable detail the nature of such facts and circumstances. In particular, but without limiting the foregoing, the Servicer shall notify the Administrative Agent and each Lender Agent in the manner set forth in the preceding sentence with respect to any representation or warranty that a Loan Asset is an Eligible Loan Asset on or before the related date of determination of any facts or circumstances within the knowledge of the Servicer which would render any of the said representations and warranties untrue at the date when such representations and warranties were made or deemed to have been made.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)

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Notice of Breaches of Representations and Warranties under this Agreement. The Servicer Borrower shall promptly (in the case of Section 4.03(q4.01(hh) or (rii), not more than two (2) Business Days after the Servicer Borrower receives notice or obtains knowledge thereof) notify the Collateral Administrative Agent, the Administrative Collateral Agent and the each Lender Agents Agent if any representation or warranty set forth in Section 4.03 4.01 or 4.02 was materially incorrect at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent, the Administrative Agent and the Lender Agents a written notice setting forth in reasonable detail the nature of such facts and circumstances. In particular, but without limiting the foregoing, the Servicer Borrower shall notify the Collateral Agent, the Administrative Agent and each Lender Agent in the manner set forth in the preceding sentence with respect to any representation or warranty that a Loan Asset is an Eligible Loan Asset on or before the related date of determination of any facts or circumstances within the knowledge of the Servicer Borrower which would render any of the said representations and warranties untrue at the date when such representations and warranties were made or deemed to have been made.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)

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