Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that (i) it is either a “qualified institutional buyer” under Rule 144A of the Securities Act or an institutional “Accredited Investor” as defined in Rule 501(a)(1)-(3) or (7) under the Securities Act and (ii) it is acquiring the Variable Funding Notes for investment for its own account and not with a view to any distribution of such Variable Funding Notes (but without prejudice to its right at all times to sell or otherwise dispose of the Variable Funding Notes in accordance herewith).
Appears in 3 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Security Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that (i) it is (i)(a) either a “qualified institutional buyer” Qualified Institutional Buyer under Rule 144A of the Securities Act or an institutional “Accredited Investor” as defined in Rule 501(a)(1)-(3) or (7) under the Securities Act and (b) a “qualified purchaser” under the 1940 Act and (ii) it is acquiring the Variable Funding Notes for investment for its own account and not with a view to any distribution of such Variable Funding Notes (but without prejudice prejudict to its right rights at all times to sell or otherwise dispose of the Variable Funding Notes in accordance herewith).
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Samples: Loan and Servicing Agreement (Golub Capital BDC, Inc.)