Common use of Representations and Warranties Concerning the Loans Clause in Contracts

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Trustee for the benefit of the Noteholders all of its rights under the Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Trustee has the benefit of the representations and warranties made by the Seller and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller and the Trust Depositor provided in the Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Trustee.

Appears in 6 contracts

Samples: Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.), Indenture (Hercules Capital, Inc.)

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Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders and the Hedge Counterparties all of its rights under the Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Indenture Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 6 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Trustee for the benefit of the Noteholders all of its rights under the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Trustee.

Appears in 4 contracts

Samples: Indenture (NewStar Financial, Inc.), Indenture (Ares Capital Corp), Indenture (NewStar Financial, Inc.)

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders and the Hedge Counterparties all of its rights under the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Indenture Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 2 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders all of its rights under the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Indenture Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

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Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders all of its rights under the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Indenture Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Loan Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Capitalsource Inc)

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders and the Swap Counterparties all of its rights under the Sale and Contribution Agreement and the Sale and Servicing Agreement (except for the Excluded Property) and the Indenture Trustee has the benefit of the representations and warranties made by the Seller Originator and the Trust Depositor in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Seller Originator and the Trust Depositor provided in the Sale and Contribution Agreement and the Sale and Servicing Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Capitalsource Inc)

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