Common use of Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio Clause in Contracts

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrant, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 18 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Ninth Amendment to the Loan and Servicing Agreement (SLR Senior Investment Corp.)

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Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 11 contracts

Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Security Agreement (FS Investment CORP)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Restatement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:made (unless a specific date is specified below):

Appears in 5 contracts

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

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Determination Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:made (unless a specific date is specified below):

Appears in 4 contracts

Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Servicing Agreement (FS Energy & Power Fund), Loan and Servicing Agreement (FS Investment Corp II)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Restatement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 4 contracts

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

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:made (unless a specific date is specified below):

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Senior Capital Ltd.)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and Date, as of any date which Loan Assets are Pledged hereunder transferred to the Borrower pursuant to the terms of the Purchase and Sale Agreement and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 3 contracts

Samples: Amendment No. 8 (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Original Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)

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Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date (solely with respect to the relevant Loans being pledged as of such Cut-Off Date), as of each applicable Advance Date, as of each Reporting Date Determination Date, and any date which Loan Assets Loans are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:be made (unless a specific date is specified below):

Appears in 2 contracts

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Security Agreement (North Haven Private Income Fund LLC)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Amended and Restated Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 1 contract

Samples: Loan and Servicing Agreement (Golub Capital BDC, Inc.)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:

Appears in 1 contract

Samples: Note Purchase Agreement (Ares Capital Corp)

Representations and Warranties of the Borrower Relating to the Agreement and the Collateral Portfolio. The Borrower (hereby represents and the Servicer, with respect to clauses (b)(ii) below) hereby represent and warrantwarrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and any date which Loan Assets are Pledged hereunder Determination Date, and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made:made (unless a specific date is specified below):

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment Corp III)

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