Representations of the Custodian. The Custodian hereby represents and warrants to the Borrower that: (i) it is qualified to act as a custodian pursuant to Section 26(a)(1) of the Investment Company Act; (ii) it has the power and authority to enter into and perform its obligations under this Agreement; and (iii) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations.
Appears in 2 contracts
Samples: Credit and Security Agreement (FS Investment Corp II), Credit and Security Agreement (TICC Capital Corp.)
Representations of the Custodian. The Custodian hereby represents and warrants to the Borrower that:
(i) it is qualified to act as a custodian pursuant to Section 26(a)(1) of the Investment Company Act;
(ii) it has the power and authority to enter into and perform its obligations under this Agreement; and;
(iii) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and
(iv) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.]
Appears in 2 contracts
Samples: Credit and Security Agreement (Business Development Corp of America), Credit and Security Agreement (Business Development Corp of America)
