Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, promptly notify the Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) if any representation or warranty set forth in Section 4.03 was incorrect at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent and the Administrative Agent (with a copy to each Lender Agent) 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 (with a copy to the Collateral Agent and each Lender Agent) in the manner set forth in the preceding sentence before any Cut-Off Date 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 9 contracts
Samples: Loan and Servicing Agreement, Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (TCG Bdc, Inc.)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer Borrower shall, upon receipt of notice or discovery thereof, promptly notify the Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) if any representation or warranty set forth in Section 4.03 4.01 or Section 4.02 was incorrect at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent and the Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) 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 Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) in the manner set forth in the preceding sentence before any Cut-Off Date 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 7 contracts
Samples: Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer Borrower shall, upon receipt of notice or discovery thereof, promptly notify the Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) if any representation or warranty set forth in Section 4.03 4.01 or Section 4.02 was incorrect in any material respects (or, if already qualified by materiality or Material Adverse Effect, in all respects) at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent and the Administrative Agent (with a copy to each Lender Agent) 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 Administrative Agent (with a copy to the Collateral Agent and each Lender Agent) in the manner set forth in the preceding sentence before any Cut-Off Date of any facts or circumstances within the knowledge of the Servicer Borrower which would render any of the said representations and warranties untrue in any material respects (or, if already qualified by materiality or Material Adverse Effect, in all respects) at the date when such representations and warranties were made or deemed to have been made.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, Borrower shall promptly notify the Administrative Agent (with a copy to Agent, the Collateral Agent and each Lender Agent) 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 Administrative Agent (with a copy to each Lender Agent) 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 (with a copy to the Collateral Agent and each Lender Agent) 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 any Cut-Off Date 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)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, shall promptly notify the Collateral Agent, the Administrative Agent (with a copy to and the Collateral Agent and each Lender Agent) 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 Administrative Agent (with a copy to each Lender Agent) 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 (with a copy to the Collateral Agent and each Lender Agent) 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 any Cut-Off Date 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)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, shall promptly notify the Collateral Agent, the Administrative Agent (with a copy to and the Collateral Agent and each Lender Agent) Agents if any representation or warranty set forth in Section 4.03 was 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 Administrative Agent (with a copy to each Lender Agent) 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 (with a copy to the Collateral Agent and each Lender Agent) 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 any Cut-Off Date 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 1 contract
Samples: Loan and Servicing Agreement (Business Development Corp of America)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, Borrower shall promptly notify the Administrative Agent (with a copy to Agent, the Collateral Agent and each Lender Agent) Agent if any representation or warranty set forth in Section 4.03 4.01 or 4.02 was 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 Administrative Agent (with a copy to each Lender Agent) 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 (with a copy to the Collateral Agent and each Lender Agent) 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 any Cut-Off Date 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 1 contract
Samples: Loan and Servicing Agreement (Business Development Corp of America)
Notice of Breaches of Representations and Warranties under this Agreement. The Servicer shall, upon receipt of notice or discovery thereof, Borrower shall promptly notify the Administrative Agent (with a copy to the Collateral Agent, each Group Agent and each Lender Agent) in writing, upon a Responsible Officer of the Borrower becoming aware thereof, if any representation or warranty set forth in Section 4.03 4.01 or Section 4.02 was incorrect at the time it was given or deemed to have been given and at the same time deliver to the Collateral Agent Agent, the Administrative Agent, the Group Agents and the Administrative Agent (with a copy to each Lender Agent) Lenders 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 Administrative Agent (with a copy to the Collateral Agent, each Group Agent and each Lender Agent) in the manner set forth in the preceding sentence before any Cut-Off Advance Date of any facts or circumstances within the knowledge of the Servicer Borrower which would render any of the said representations and warranties untrue in any material respect at the date when such representations and warranties were made or deemed to have been made.
Appears in 1 contract
Samples: Omnibus Amendment (Blue Owl Technology Finance Corp. II)