Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, and (ii) the Issuer may assign and transfer its rights hereunder to the Trustee under the Indenture. Any purported transfer that is not in compliance with this provision will be void. (b) Except for the Trustee, the Lenders, the Administrative Agent and the Collateral Agent (each of whom is an express third party beneficiary hereof), no Person shall be a third party beneficiary of this Agreement.
Appears in 4 contracts
Samples: Master Participation Agreement (Bain Capital Specialty Finance, Inc.), Master Participation Agreement (Barings BDC, Inc.), Master Participation Agreement (Bain Capital Specialty Finance, Inc.)
Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party the Transferor may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, entity and (ii) the Issuer Transferee may assign and transfer xxxxx x xxxx on all of its rights hereunder to under this Agreement under and in accordance with the Trustee under Credit Agreement entered into in connection with the IndentureFinancing Transaction. Any purported transfer that is not in compliance with this provision will be void.
(b) Except for the Trustee, the Lenders, the Administrative Agent and the Collateral Agent (each of whom is an who are express third party beneficiary beneficiaries hereof), no other Person shall be a third party beneficiary of this Agreement.
Appears in 1 contract
Samples: Master Participation and Assignment Agreement (CION Investment Corp)
Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party the Transferor may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, entity and (ii) the Issuer Transferee may assign and transfer gxxxx x xxxx on all of its rights hereunder to under this Agreement under and in accordance with the Trustee under Credit Agreement entered into in connection with the IndentureFinancing Transaction. Any purported transfer that is not in compliance with this provision will be void.
(b) Except for the Trustee, the Lenders, the Administrative Agent and the Collateral Agent (each of whom is an who are express third party beneficiary beneficiaries hereof), no other Person shall be a third party beneficiary of this Agreement.
Appears in 1 contract
Samples: Master Participation and Assignment Agreement (CION Investment Corp)
Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, and (ii) the Issuer may assign and transfer its rights hereunder to the Trustee under the Indenture. Any purported transfer that is not in compliance with this provision will be void.
(b) Except for the Trustee, the Indenture Collateral Agent, the Lenders, the Administrative Agent and the Revolver Collateral Agent (each of whom is an express third party beneficiary hereof)) and each of their respective successors and assigns, no Person shall directly or indirectly be a third party beneficiary of this Agreement.
Appears in 1 contract
Samples: Master Participation Agreement (PennantPark Floating Rate Capital Ltd.)
Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, and (ii) the Issuer may assign and transfer its rights hereunder to the Collateral Trustee under the Indenture. Any purported transfer that is not in compliance with this provision will be void.
(b) Except for the Collateral Trustee, the Lenders, the Administrative Agent and the Collateral Agent (each of whom is an express third party beneficiary hereof), no Person shall be a third party beneficiary of this Agreement.
Appears in 1 contract
Samples: Master Participation Agreement (Barings Private Credit Corp)
Parties Benefited. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any right or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) or delegated by either party without the prior written consent of the other party, except that (i) a party may make a transfer of all (but not less than all) of its rights and obligations under this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity, entity and (ii) the Issuer Transferee may assign and transfer xxxxx x xxxx on all of its rights hereunder to under this Agreement under and in accordance with the Trustee under Indenture entered into in connection with the IndentureNotes Transaction. Any purported transfer that is not in compliance with this provision will be void.
(b) Except for the Trustee, the Lenders, the Administrative Agent and the Collateral Agent (each of whom is an express third party beneficiary hereof), no No Person shall be a third party beneficiary of this Agreement, except that the Trustee (as defined in the Indenture) shall be a third party beneficiary of the assurances and agreements to the benefit of the Transferee hereunder.
Appears in 1 contract
Samples: Master Participation and Assignment Agreement (CM Finance Inc)