Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):
Appears in 36 contracts
Samples: Loan and Servicing Agreement (Onex Direct Lending BDC Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Funding Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):made:
Appears in 25 contracts
Samples: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Measurement 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 (unless a specific date is specified below):
Appears in 19 contracts
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Diameter Credit Co), Omnibus Amendment (Blue Owl Technology Finance Corp. II)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Funding Date, as of each applicable Advance Date, as of each Reporting 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 (unless such representation is only made as of a specific date is specified set forth below):
Appears in 14 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Effective Date, as of each applicable Cut-Off Funding Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):made:
Appears in 9 contracts
Samples: Loan and Security Agreement (KKR FS Income Trust), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):made:
Appears in 8 contracts
Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, 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 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 (unless a specific date is specified below):
Appears in 5 contracts
Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Security Agreement (FS Investment Corp III), Loan and Servicing Agreement (FS Energy & Power Fund)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, 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 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 (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. The Borrower hereby represents and warrants, 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 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 (unless a specific date is specified below):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. The Borrower hereby represents and warrants, warrants as follows as of the Closing Measurement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):
Appears in 4 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Measurement 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 (unless a specific date is specified below):
Appears in 4 contracts
Samples: Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (AGTB Private BDC)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, 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 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 (unless a specific date is specified below):
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)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Funding 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 (unless a specific date is specified below):made:
Appears in 2 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Measurement Date, as of each applicable Advance Funding Date, as of each Reporting 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 (unless such representation is only made as of a specific date is specified set forth below):
Appears in 2 contracts
Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Stepstone Private Credit Fund LLC)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, 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 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 (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. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment 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 (unless a specific date is specified below):
Appears in 2 contracts
Samples: Omnibus Amendment (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing each Measurement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below), and provided that any specific representations as to any Loans are made only as of the Loan Tape Cut-Off Date on or immediately preceding the relevant Measurement Date):
Appears in 2 contracts
Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, 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 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 (unless a specific date is specified below):
Appears in 1 contract
Samples: Loan and Servicing Agreement (Golub Capital BDC, Inc.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):made:
Appears in 1 contract
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other -90- Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:
Appears in 1 contract
Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, as of the Closing Date, as of each applicable Cut-Off Cut‑Off Date (solely with respect to the relevant Collateral Obligations being pledged as of such Cut‑Off Date), as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):
Appears in 1 contract
Samples: Loan and Servicing Agreement (MSD Investment Corp.)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants on and as of the Closing Date, as each Borrowing Date and the Consent Effective Date (and in respect of clause (g) below each applicable Cut-Off Datedate such information is provided), as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):follows:
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Xl Capital LTD)
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing ClosingSixth Amendment Effective Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment 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 (unless a specific date is specified below):
Appears in 1 contract
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting 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 (unless a specific date is specified below):made:
Appears in 1 contract
Representations and Warranties of the Borrower. Relating to this Agreement and the Collateral. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date (solely with respect to the relevant Loan Assets being pledged as of such Cut-Off Date), as of each applicable Advance Date, as of each Reporting Measurement 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 (unless a specific date is specified below):made:
Appears in 1 contract
Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Measurement 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 (unless a specific date is specified below), and provided that any specific representations as to any Loan Assets are made only as of the related Cut-Off Date on or immediately preceding the relevant Measurement Date):
Appears in 1 contract
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)