Transfer and Sale of Loan Assets. The Seller does hereby Sell to the Purchaser, and the Purchaser hereby Purchases and takes from the Seller, all right, title and interest of the Seller (whether now owned or hereafter acquired) in the property identified in clauses (i) - (iii) below and all accounts, cash and currency, chattel paper, tangible chattel paper, electronic chattel paper, copyrights, copyright licenses, equipment, fixtures, contract rights, general intangibles, instruments, certificates of deposit, certificated securities, uncertificated securities, financial assets, securities entitlements, commercial tort claims, deposit accounts, inventory, investment property, letter-of-credit rights, software, supporting obligations, accessions, and other property consisting of, arising out of, or related to any of the following, property, whether now owned or existing or hereafter created, arising or acquired and wherever located (in each case excluding the Retained Interest and the Excluded Amounts) (the “Sale Portfolio”): (i) the Loan Assets that are identified by the Seller as of the Cut—Off Date, which are listed on Schedule I, together with all monies due or to become due in payment under such Loan Assets on and after the related Cut—Off Date, including, but not limited to, all Available Collections, but excluding any related Attached Equity; (ii) the Portfolio Assets with respect to the Loan Assets referred to in clause (i) above; and (iii) all income and Proceeds of the foregoing.
Appears in 2 contracts
Samples: Omnibus Amendment (Ares Capital Corp), Purchase and Sale Agreement (Ares Capital Corp)
Transfer and Sale of Loan Assets. The Seller does hereby Sell to the Purchaser, and the Purchaser hereby Purchases and takes from the Seller, all right, title and interest of the Seller (whether now owned or hereafter acquired) in the property identified in clauses (i) - (iiiiv) below and all accounts, cash and currency, chattel paper, tangible chattel paper, electronic chattel paper, copyrights, copyright licenses, equipment, fixtures, contract rights, general intangibles, instruments, certificates of deposit, certificated securities, uncertificated securities, financial assets, securities entitlements, commercial tort claims, deposit accounts, inventory, investment property, letter-of-credit rights, software, supporting obligations, accessions, and other property consisting of, arising out of, or related to any of the following, property, whether now owned or existing or hereafter created, arising or acquired and wherever located (in each case excluding the Retained Interest and the Excluded Amounts) (the “Sale Portfolio”):
(i) the Loan Assets that are identified by the Seller as of the Cut—Off Date, which are listed on Schedule I, together with all monies due or to become due in payment under such Loan Assets on and after the related Cut—Off Date, including, but not limited to, all Available Collections, but excluding any related Attached Equity;
(ii) the Portfolio Assets with respect to the Loan Assets referred to in clause (i);
(iii) aboveall the Seller’s rights under the First Tier Purchase and Sale Agreement; and
(iiiiv) all income and Proceeds of the foregoing.
Appears in 2 contracts
Samples: Omnibus Amendment (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp)
Transfer and Sale of Loan Assets. The Seller Transferor does hereby Sell to the Purchaser, and the Purchaser hereby Purchases and takes from the SellerTransferor, all right, title and interest of the Seller Transferor (whether now owned or hereafter acquired) in the property identified in clauses (i) - (iii) below and all accounts, cash and currency, chattel paper, tangible chattel paper, electronic chattel paper, copyrights, copyright licenses, equipment, fixtures, contract rights, general intangibles (including payment intangibles), instruments, certificates of deposit, certificated securities, uncertificated securities, financial assets, securities entitlements, commercial tort claims, deposit accounts, inventory, investment property, letter-of-credit rights, software, supporting obligations, accessions, and other property consisting of, arising out of, or related to any of the following, property, whether now owned or existing or hereafter created, arising or acquired and wherever located (in each case excluding the Retained Interest and the Excluded Amounts) (the “Sale Portfolio”):
(i) the Loan Assets that are identified by the Seller Transferor as of the Cut—-Off Date, which are listed on Schedule I, together with all monies due or to become due in payment under such Loan Assets on and after the related Cut—-Off Date, including, but not limited to, all Available Collections, but excluding any related Attached Equity;
(ii) the Portfolio Related Assets with respect to the Loan Assets referred to in clause (i) above); and
(iii) all income and Proceeds of the foregoing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Apollo Debt Solutions BDC)