Common use of Performance and Compliance with Collateral Clause in Contracts

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 19 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

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Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 10 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 10 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 6 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.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Originator to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents Collateral and all other agreements related to such Collateral.

Appears in 6 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Related Fund or any third party seller to perform and comply pursuant to the Sale Agreement or any Third Party Sale Agreement, as applicable) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 6 contracts

Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Transferor or any third party seller to perform and comply pursuant to the Sale Agreement or any Third Party Sale Agreement, as applicable) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 5 contracts

Samples: Loan and Security Agreement (KKR FS Income Trust), Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Originator to perform and comply pursuant to the applicable Sale Agreement) in all material respects with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents Collateral and all other agreements related to such Collateral.

Appears in 3 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Transferor or any third party seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (AG Twin Brook Capital Income Fund), Assignment and Assumption Agreement (AGTB Private BDC)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Equityholder or the Transferor to perform and comply pursuant to the applicable Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 2 contracts

Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Originator to perform and comply pursuant to the Sale Agreement) in all material respects with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents Collateral and all other agreements related to such Collateral.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to enforce the Sale AgreementAgreement against the Transferor and any transfer or assignment agreement against any third party seller) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Security and Servicing Agreement (Monroe Capital Income Plus Corp)

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Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.. (d)

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Related Fund or any third party seller to perform and comply pursuant to the Sale Agreement or any Third Party Sale Agreement, as applicable) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.. [Investcorp] Loan and Security Agreement

Appears in 1 contract

Samples: And Investment Management Agreement (Investcorp Credit Management BDC, Inc.)

Performance and Compliance with Collateral. The Borrower (or the Servicer on behalf of the Borrower) will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller Originator to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (NewStar Financial, Inc.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Seller Originator to perform and comply pursuant to the Sale Agreement) in all material respects with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sparta Commercial Services, Inc.)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, or cause the Original Seller to perform and comply pursuant to the Sale Agreementapplicable assignment agreement) in all material respects with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents Collateral and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Credit Agreement (Golub Capital BDC, Inc.)

Performance and Compliance with Collateral. The Borrower (or the Loan Manager on behalf of the Borrower) will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the each Seller to perform and comply pursuant to the related Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (OFS Capital, LLC)

Performance and Compliance with Collateral. The Borrower will, at the Borrower’s its expense, timely and fully perform and comply (or, by exercising its rights thereunder, to the extent permitted under the Sale Agreement) cause the Seller Fund to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

Appears in 1 contract

Samples: And Collateral Management Agreement (First Eagle Credit Opportunities Fund)

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