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Common use of The U.S Clause in Contracts

The U.S. PB Agreement - (a) All capitalized terms used but not defined herein shall have the meanings set forth in the U.S. PB Agreement. For the avoidance of doubt, the Arranged Financing Terms is a “Contract” as defined in the U.S. PB Agreement and all obligations of Customer to PBI arising hereunder or in connection with any Loan (as defined below) are “Obligations” as defined in the U.S. PB Agreement. (b) Customer specifically agrees that PBI is entitled to the rights and remedies accorded to the BNPP Entities under the U.S. PB Agreement. Customer specifically acknowledges that the Arranged Financing Entities are pledgees under that U.S. PB Agreement. To the extent that BNPP PB performs any obligations under the Arranged Financing Terms, Customer agrees that BNPP PB is acting solely as agent for the Arranged Financing Entities. Customer acknowledges and agrees that BNPP PB is not assuming any principal obligations to it.

Appears in 4 contracts

Samples: Pbi Agreement (FS Multi-Alternative Income Fund), Pbi Agreement (FS Energy Total Return Fund), Pbi Agreement (NexPoint Capital, Inc.)

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The U.S. PB Agreement - (a) All capitalized terms used but not defined herein shall have the meanings set forth in the U.S. PB Agreement. For the avoidance of doubt, the Arranged Financing Terms is a “Contract” as defined in the U.S. PB Agreement and all obligations of Customer to PBI arising hereunder or in connection with any Loan (as defined below) are “Obligations” as defined in the U.S. PB Agreement. (b) Customer specifically agrees that each of BNPP NY or PBI is entitled to the rights and remedies accorded to the BNPP Entities under the U.S. PB Agreement. Customer specifically acknowledges that the Arranged Financing Entities are pledgees under that U.S. PB Agreement. To the extent that BNPP PB performs any obligations under the Arranged Financing Terms, Customer agrees that BNPP PB is acting solely as agent for the Arranged Financing Entities. Customer acknowledges and agrees that BNPP PB is not assuming any principal obligations to it.

Appears in 1 contract

Samples: Pbi Agreement (Broadstone Real Estate Access Fund)

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