Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 20 contracts
Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIIIIX, IX X and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.0712.07, Section 11.08 12.08 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 16 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.)
Term of this Agreement. This Agreement, Agreement including, without limitation, the Borrower’s representations and obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX VIII and Article XI IX and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 9.08 and Section 11.09 9.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 13 contracts
Samples: Receivables Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.), Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.), Receivables Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 12.07 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 8 contracts
Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Overland Advantage), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's representations and covenants set forth in Articles IV and V and the Servicer’s 's representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 12.07 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 7 contracts
Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (AG Twin Brook Capital Income Fund)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, VIII and IX and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 6 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)
Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s representations obligation to observe its covenants set forth in Article V, and the Collection Agent’s obligation to observe its covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer Collection Agent pursuant to Articles III and IV and IV, the indemnification and payment provisions of Section 6.12, Article VIII, IX VIII and Article XI IX and the provisions of Section 2.10, Section 2.11, Section 11.072.12, Section 11.08 10.10, 10.11 and Section 11.09 10.12 shall be continuing and shall survive any termination of this Agreement.
Appears in 5 contracts
Samples: Omnibus Amendment (Community Health Systems Inc), Omnibus Amendment (Community Health Systems Inc), Omnibus Amendment (Community Health Systems Inc)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article Articles VIII, IX and Article XI and the provisions of Section Sections 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 5 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)
Term of this Agreement. This Agreement, Agreement including, without limitation, the Borrower’s representations and 's obligation to observe its covenants set forth in Articles IV V and V VI, and the Servicer’s representations, 's obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX VIII and Article XI IX and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 9.08 and Section 11.09 9.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 5 contracts
Samples: Receivables Loan and Security Agreement (Equivest Finance Inc), Receivables Loan and Security Agreement (Maxtor Corp), Receivables Loan and Security Agreement (Maxtor Corp)
Term of this Agreement. This Agreement, including, including without limitation, limitation the Borrower’s representations obligation to observe its covenants and covenants other agreements as set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties other agreements as set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX Articles VIII and Article XI and the provisions of Section 2.10, Section 2.1111.06, Section 11.07, Section 11.08 11.08, Section 11.09, Section 11.11, Section 11.12, and Section 11.09 11.13 shall be continuing and shall survive any termination of this Agreement.
Appears in 5 contracts
Samples: Amendment No. 9 (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX VIII and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement. Notwithstanding anything herein to the contrary, the Collection Date will be deemed to have occurred upon payment in full of all Obligations pursuant to clause (i) of the first proviso of Section 2.18(b) or pursuant to Section 2.18(c)(i).
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)
Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s representations and covenants set forth in Articles IV and V, Holdings’ representations and covenants set forth in Articles IV and V and the ServicerCollateral Custodian’s representations, covenants and duties set forth in Articles IV, V and VI, Article IX shall remain in full force and effect until this Agreement has been terminated by the Collection DateBorrower and the Facility Termination Date has occurred; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by hereunder survive the Borrower or the Servicer pursuant to Articles III execution and IV and the indemnification and payment provisions of Article VIII, IX and Article XI delivery hereof and the provisions of Section 2.102.06, Section 2.112.12, Section 2.13, Section 11.07, Section 11.08 and Section 11.09 Article VII, Article VIII, Article IX and Article X shall be continuing and shall survive any termination of this Agreement.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (ACRES Commercial Realty Corp.), Loan and Servicing Agreement (ACRES Commercial Realty Corp.), Loan and Servicing Agreement (ACRES Commercial Realty Corp.)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s each Loan Party's representations and covenants set forth in Articles IV and V and the Servicer’s 's representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower any Loan Party or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 12.07 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX VIII and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement. Notwithstanding anything herein to the contrary, the Collection Date will be deemed to have occurred upon payment in full of all Obligations pursuant to clause (i) of the first proviso of Section 2.18(b).
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.0712.07, Section 11.08 12.09 and Section 11.09 12.12 shall be continuing and shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Apollo Debt Solutions BDC)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles Article IV and Article V and the Servicer’s representations, covenants and duties set forth in Articles Article IV, Article V and Article VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles Article III and Article IV and the indemnification and payment provisions of Article VIII, Article IX and Article XI XII and the provisions of Section 2.09, Section 2.10, Section 2.1112.07, Section 11.07, Section 11.08 12.08 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement and any termination of the Servicer under the Servicing Agreement.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the ServicerCollateral Manager’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer Collateral Manager pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (MSD Investment Corp.)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 11.08, Section 11.09 and Section 11.09 11.12 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)
Term of this Agreement. This Agreement, Agreement including, without limitation, the Borrower’s representations and obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Termination Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Initial Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, Article IX and Article XI X and the provisions of Section 2.10Sections 10.6, Section 2.11, Section 11.07, Section 11.08 10.07 and Section 11.09 10.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Payoneer Global Inc.)
Term of this Agreement. This Agreement, Agreement including, without limitation, the Borrower’s representations and 's obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, 's obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX VIII and Article XI IX and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 9.08 and Section 11.09 9.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Us Home Systems Inc /Tx)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's representations and covenants set forth in Articles IV and V and the Servicer’s Portfolio Manager's representations, covenants and duties set forth in Articles IV, and V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer Portfolio Manager pursuant to Articles III and IV and the indemnification and payment provisions of Article VIIIVII, IX VIII and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, 11.07 and Section 11.08 and Section 11.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
Term of this Agreement. This Agreement, including, including without limitation, limitation the Borrower’s representations obligation to observe its covenants and covenants other agreements as set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties other agreements as set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX Articles VIII and Article XI and the provisions of Section 2.1011,06, Section 2.1111,07, Section 11.0711,08, Section 11.08 11,09, Section 11,11, Section 11,12, and Section 11.09 11,13 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Amendment No. 8 (Ares Capital Corp)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and obligation to observe its covenants set forth in Articles IV V and V VI and the Servicer’s representations, obligation to observe its covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Facility Termination Date; provided provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, Articles VIII and IX and Article XI and the provisions of Section 2.109.06, Section 2.11, Section 11.07, Section 11.08 9.08 and Section 11.09 9.09 shall be continuing and shall survive any termination of this AgreementAgreement and the earlier resignation or removal of the Administrative Agent, Paying Agent, the Depositor Loan Trustee, the Owner Trustee or Account Bank.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Oportun Financial Corp)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIIIIX, IX X and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.0712.07, Section 11.08 12.08 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.. 149 DMSLIBRARY01\30388519.v8
Appears in 1 contract
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the ServicerManager’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer Manager pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI XII and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 12.07 and Section 11.09 12.09 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC)
Term of this Agreement. This Agreement, including, without limitation, the Borrower’s representations and covenants set forth in Articles IV and V and the Servicer’s representations, covenants and duties set forth in Articles IV, V and VI, shall remain in full force and effect until the Collection Date; provided that the rights and remedies with respect to any -158- breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV and the indemnification and payment provisions of Article VIII, IX and Article XI and the provisions of Section 2.10, Section 2.11, Section 11.07, Section 11.08 11.08, Section 11.09 and Section 11.09 11.12 shall be continuing and shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)