Qualified Purchaser Status. Each Lender represents, warrants and agrees that: (i) it is and shall remain at all times a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (ii) (a) it is, and shall be at all times, the sole direct and indirect beneficial owner and holder of its Advances (and all beneficial, economic or other interest therein) and (b) it shall not hold its Advances for the direct or indirect benefit of any other Person (for the avoidance of doubt it being understood that this clause (ii) shall not prohibit any assignment of, or sale of a participation interest in, any Advance made in accordance with the terms of this Agreement); (iii) it may not, directly or indirectly, assign or otherwise transfer any of its rights or obligations hereunder (a “Transfer”) to any other Person that is not a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (iv) if any of the acknowledgments, representations or agreements deemed to have been made by it in this Agreement are no longer accurate or have been breached, it shall promptly notify the Company; and (v) if a Transfer of any Advance does not comply with this Agreement, such Transfer shall be null and void and not given effect for any purpose hereunder.
Appears in 3 contracts
Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC), Credit and Security Agreement (T Series Middle Market Loan Fund LLC), Credit and Security Agreement (T Series Middle Market Loan Fund LLC)
Qualified Purchaser Status. Each Lender represents, warrants and agrees that: (i) it is and shall remain at all times a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (ii) (a) it is, and shall be at all times, the sole direct and indirect beneficial owner and holder of its Advances (and all beneficial, economic or other interest therein) and (b) it shall not hold its Advances for the direct or indirect benefit of any other Person (for the avoidance of doubt it being understood that this clause (ii) shall not prohibit any assignment of, or sale of a participation interest in, any Advance made in accordance with the terms of this Agreement); (iii) it may not, directly or indirectly, assign or otherwise transfer any of its rights or obligations hereunder (a “Transfer”) to any other Person that is not a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (iv) if any of the acknowledgments, representations or agreements deemed to have been made by it in this Agreement are no longer accurate or have been breached, it shall promptly notify the CompanyBorrower; and (v) if a Transfer of any Advance does not comply with this Agreement, such Transfer shall be null and void and not given effect for any purpose hereunder.
Appears in 1 contract
Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC)