Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 264 contracts
Samples: Loan and Servicing Agreement (Onex Direct Lending BDC Fund), Loan and Security Agreement (Credit Acceptance Corp), Purchase and Sale Agreement (Golub Capital BDC 4, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 183 contracts
Samples: Purchase and Contribution Agreement (United Rentals North America Inc), Loan and Servicing Agreement (Prospect Capital Corp), Receivables Purchase Agreement (United Rentals North America Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPgenerally accepted accounting principles. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 75 contracts
Samples: Sale and Contribution Agreement, Originator Purchase Agreement (DST Systems Inc), Purchase and Contribution Agreement (Olin Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 19 contracts
Samples: Loan and Security Agreement (KKR FS Income Trust), Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Assignment and Assumption Agreement (AG Twin Brook Capital Income Fund)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9UCC.
Appears in 12 contracts
Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 11 contracts
Samples: Trade Receivables Sale Agreement (Energy Future Competitive Holdings CO), Receivables Purchase Agreement (Polyone Corp), Receivables Sale Agreement (Crown Holdings Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II
Appears in 7 contracts
Samples: Loan and Security Agreement (Transcend Services Inc), Receivables Purchase and Transfer Agreement (National Medical Health Card Systems Inc), Loan and Security Agreement (National Medical Health Card Systems Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and not used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 6 contracts
Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.), Loan and Security Agreement (Americredit Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State States of New YorkYork and Connecticut, as applicable, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc), Purchase and Servicing Agreement (First International Bancorp Inc), Purchase and Servicing Agreement (First International Bancorp Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as applicable, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Samples: Note Purchase Agreement (First International Bancorp Inc), Note Purchase Agreement (MCG Capital Corp), Note Purchase Agreement (MCG Capital Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of in the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 4 contracts
Samples: Receivables Sale Agreement (Polyone Corp), Receivables Contribution and Sale Agreement (Crown Holdings Inc), Receivables Sale Agreement (Polyone Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
Other Terms. All Except as otherwise provided herein, all accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9..
Appears in 4 contracts
Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP, as in effect from time to time. All terms used in Article 9 of the UCC in the State of New YorkYork UCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Monroe Capital Income Plus Corp), Purchase and Sale Agreement (Apollo Debt Solutions BDC), Purchase and Sale Agreement (GOLUB CAPITAL BDC, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II CONDITIONS OF REVOLVING ADVANCES
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (BioScrip, Inc.), Loan and Security Agreement (BioScrip, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 3 contracts
Samples: Asset Backed Loan Agreement (Ikon Office Solutions Inc), Loan Purchase Agreement (Nelnet Inc), Loan Purchase Agreement (Nelnet Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in effect in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9therein.
Appears in 3 contracts
Samples: Note Purchase Agreement (PLM International Inc), Note Purchase Agreement (American Finance Group Inc /De/), Note Purchase Agreement (Willis Lease Finance Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article Articles 8 and 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article Articles 8 and 9.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Quadra Realty Trust, Inc.), Master Repurchase Agreement (Municipal Mortgage & Equity LLC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New YorkUCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 2 contracts
Samples: Contribution and Sale Agreement (American Color Graphics Inc), Servicing Agreement (American Color Graphics Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All capitalized terms used herein but not defined herein have the meanings specified in the RFA.
Appears in 2 contracts
Samples: Purchase and Contribution Agreement (Herc Holdings Inc), Purchase and Contribution Agreement (Herc Holdings Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. EXHIBIT II.
Appears in 2 contracts
Samples: Loan and Security Agreement (Perennial Health Systems Inc), Loan and Security Agreement (Community Care of America Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. Section 1.03
Appears in 2 contracts
Samples: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. Section 1.3.
Appears in 2 contracts
Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)
Other Terms. All accounting terms used but not specifically defined herein shall will be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 99 from time to time in effect.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Owl Rock Core Income Corp.), Revolving Loan Agreement (TP Flexible Income Fund, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in of the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.of the UCC of the State of New York
Appears in 1 contract
Samples: Security Agreement (Maxtor Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New YorkYork UCC, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in ----------- Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lennox International Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in effect in the State state of New York, York and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of in the UCC in of the State of New York, York and used but not specifically defined herein, herein are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Receivables Contribution and Sale Agreement (Worldcom Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9IX.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9..
Appears in 1 contract
Samples: Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and not used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Purchase and Sale Agreement (NewStar Financial, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.the UCC of the State of New York
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All other capitalized terms used but not otherwise defined in this Agreement shall have the same defined meanings as set forth in the Credit Agreement.
Appears in 1 contract
Samples: Execution Version Contribution Agreement (T Series Middle Market Loan Fund LLC)
Other Terms. (a) All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as in effect on the date hereof and used but not specifically defined herein, are used herein as defined in such Article 9.are
Appears in 1 contract
Samples: Receivables Purchase Agreement (Medco Health Solutions Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. {S2747401; 10}
Appears in 1 contract
Samples: Loan and Servicing Agreement (Prospect Capital Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Guaranty and Security Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Belk Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. EXHIBIT II CONDITIONS OF REVOLVING LOANS
Appears in 1 contract
Samples: Loan and Security Agreement (Five Star Quality Care Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. LEGAL02/42958175v30 a
Appears in 1 contract
Samples: Loan and Security Agreement (Oportun Financial Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. SECTION 1.4SECTION 1.4
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article Articles 8 and 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article Articles 8 and 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.therein. USActive 58384645.1158384645.12
Appears in 1 contract
Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP or IFRS, as applicable, with respect to the related Person. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Loan and Management Agreement (Blue Owl Technology Finance Corp. II)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. 50 DMSLIBRARY01\30388519.v8
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.UCC. Section 1.3
Appears in 1 contract
Samples: Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.)
Other Terms. All accounting terms used but not specifically defined ----------- herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Healthcare Financial Partners Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. SECTION 1.4.
Appears in 1 contract
Samples: Note Issuance and Security Agreement
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. Section 1.3
Appears in 1 contract
Samples: Transfer and Administration Agreement (Nordstrom Inc)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 99 .
Appears in 1 contract
Samples: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, as in effect on the date hereof and used but not specifically defined herein, are used herein as defined in such Article 9.. Unless otherwise expressly indicated, all references
Appears in 1 contract
Samples: Receivables Loan Agreement (TRW Automotive Holdings Corp)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Receivables Transfer Agreement (Georgia Gulf Corp /De/)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.. The word "
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP or IFRS, as applicable. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Business Development Corp of America)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State state of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Samples: Loan and Security Agreement (Us Home Systems Inc /Tx)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.therein. [Investcorp] Loan and Security Agreement
Appears in 1 contract
Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAPGAAP as in effect on the date hereof. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
Appears in 1 contract
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 8 and Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Crescent Capital BDC, Inc.)
Other Terms. All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC Uniform Commercial Code (the "UCC") in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9. All other capitalized terms used but not otherwise defined in this Agreement shall have the same defined meanings as set forth in the LSA.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Business Development Corp of America)
