Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 23 contracts
Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan Financing and Servicing Agreement (FS KKR Capital Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller Transferor in exchange for the purchase of the Collateral Obligations Loan Assets (or any number of them)) from the Transferor pursuant to the Purchase and Sale Agreement. No such transfer has been made for or on account of an antecedent debt owed by the Borrower to the Transferor and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 21 contracts
Samples: Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Servicing Agreement (Overland Advantage), Loan and Servicing Agreement (First Eagle Private Credit Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 20 contracts
Samples: Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.), Loan Financing and Servicing Agreement (Silver Point Specialty Lending Fund), Financing and Servicing Agreement (Capital Southwest Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) Seller or the applicable third party seller of Collateral in exchange consideration for the purchase transfer to the Borrower of the Collateral Obligations (or any number of them). No Collateral, and no such transfer has shall have been made for or on account of an antecedent debt debt, and no such transfer is or may be voidable or subject to avoidance under any section Section of the Bankruptcy Code.
Appears in 10 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Crescent Capital BDC, Inc.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations Loan Assets (or any number of them)) from the Equityholder pursuant to the Second Tier Purchase and Sale Agreement. No such transfer has been made for or on account of an antecedent debt owed by the Borrower to the Equityholder and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 9 contracts
Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) Seller or the applicable third party seller in exchange for the purchase of the Collateral Obligations Loans (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
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)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations Warehouse Assets (or any number of them)) from the Equityholder pursuant to the Sale Agreement. No such transfer has been made for or on account of an antecedent debt owed by such Borrower Party and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 2 contracts
Samples: Credit Agreement (Blackstone Private Credit Fund), Credit Agreement (Blackstone Private Credit Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller Seller in exchange for the purchase of the Collateral Obligations Assets (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject owed by the Borrower to avoidance under any section of the Bankruptcy CodeSeller.
Appears in 2 contracts
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund), Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the any applicable third party seller or Transferor (which may be in the form of an increase in the value of the Equity Interest of the Borrower held by an Equityholder) in exchange for the purchase of the Collateral Obligations Loans (or any number of them). No such transfer has been made for or on account of an antecedent debt owed by the Borrower to the applicable third party seller or Transferor and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the its Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them)) owned by it. No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Stellus Private Credit BDC)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable an unaffiliated third party seller in exchange for the purchase of the Collateral Obligations Loans (or any number of them)) from the Equityholder (pursuant to the Purchase and Sale Agreement) or such unaffiliated third party. No such transfer has been made for or on account of an antecedent debt and no owed by the Borrower to the Equityholder or such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Codeunaffiliated third party.
Appears in 1 contract
Samples: Credit and Security Agreement (Pennantpark Investment Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and and, to its knowledge, no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Antares Strategic Credit Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to each applicable seller of Eligible Collateral Obligations in consideration for the Equityholder (including, for this purpose, equity transfer to the Borrower of the Borrower) or the applicable third party seller in exchange for the purchase of the Eligible Collateral Obligations (or any number of them)Obligations. No such transfer has been made for or on account of an antecedent debt owed by the Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan and Servicing Agreement (MSD Investment Corp.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Section Code.
Appears in 1 contract
Samples: Financing and Servicing Agreement (FS KKR Capital Corp)
Value Given. The Borrower It has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Ares Strategic Income Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Equityholder (including, for this purpose, equity of the Borrower) or the applicable third party seller in exchange for the purchase of the Collateral Obligations Transferred Contracts (or any number of them). No such transfer has been made for or on account of an antecedent debt and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (TriplePoint Venture Growth BDC Corp.)