Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 36 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 28 contracts
Samples: Fifth Amended and Restated Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Capital Corp)
Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 12 contracts
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)
Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution AgreementPurchase Agreement (or such Transferred Loans were validly and irrevocably contributed the Borrower’s capital), no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 9 contracts
Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in In consideration for the transfer to the Borrower and the Borrower Loan Trustee for the benefit of the Loans Borrower of the Receivables and Related Security the related Collateral under the Contribution Purchase Agreement, the Borrower shall have paid the Originators an amount equal to the fair market value of the Receivables, and no such transfer shall have been made for or on account of an antecedent debt owed by the any Originator to the Borrower, Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 3 contracts
Samples: Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (CURO Group Holdings Corp.)
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under as contemplated by the Contribution Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.
Appears in 3 contracts
Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security Assets under the Contribution Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, 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: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security Collateral under the Contribution Sale Agreement, no such transfer shall have has been made for or on account of an antecedent debt owed by the Originator to the Borrower, 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: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)
Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security applicable Collateral Debt Obligations under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 2 contracts
Samples: Credit Agreement (GSC Investment Corp.), Credit Agreement (GSC Investment Corp.)
Value Given. The Borrower Originator shall have given received reasonably equivalent value to the Originator in consideration for the transfer to the Borrower Seller of the Mortgage Loans and Related Security under the Master Mortgage Loan Sale and Contribution Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeCode or similar law.
Appears in 1 contract
Value Given. The Borrower shall have given gave reasonably equivalent value to the ----------- Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable avoidable or subject to avoidance under any section of the Bankruptcy Codeany Insolvency Law.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Agreement, no such transfer shall have been made for or on 60 account of an antecedent debt owed by the Originator to 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 Security Agreement (Credit Acceptance Corp)
Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution Master Transfer Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 1 contract
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution AgreementCollateral, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, 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 (NewStar Financial, Inc.)
Value Given. The Borrower shall have has given reasonably equivalent value to the Originator in consideration for the transfer by the Originator to the Borrower of the Loans Contracts and Related Security the related Collateral transferred to the Borrower under the Contribution Purchase Agreement, no such transfer shall have has been made for or on account of an antecedent debt owed by the Originator to the Borrower, Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.
Appears in 1 contract
Value Given. The Borrower shall have given reasonably equivalent value to the Originator or the applicable third party seller of Loans and Related Security in consideration for the transfer to the Borrower of the Loans and Related Security under as contemplated by the Contribution Agreementapplicable sale agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.
Appears in 1 contract
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans Receivables and Related Security the related Collateral under the Contribution Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, 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
Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans Receivables and Related Security under as contemplated by the Contribution Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sparta Commercial Services, Inc.)