Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 10 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.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the each applicable Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 7 contracts
Samples: Loan and Servicing Agreement, Loan and Servicing Agreement (TCG Bdc, Inc.), Loan and Servicing Agreement (TCG Bdc, Inc.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor or other applicable transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor such transferor pursuant to the Contribution AgreementPurchase and Sale Agreement or other assignment or novation. No such transfer has been made for or on account of an antecedent debt owed by the Borrower to the Transferor relevant transferor 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 KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor Seller in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor Seller pursuant to the Contribution 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 Seller 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 (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 5 contracts
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Value Given. The Borrower Transferee has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase transfer of each of the Loan Assets Transferred Asset (or any number of them) from the Transferor pursuant to the Contribution this Agreement. No such transfer has been made for or on account of an antecedent debt owed by the Borrower Transferee 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 4 contracts
Samples: Contribution Agreement (Ares Capital Corp), Contribution Agreement (Ares Capital Corp), Contribution Agreement (Ares Strategic Income Fund)
Value Given. The Borrower has To the extent the Borrowers acquired Mortgage Assets from Transferors, the Borrowers have given fair consideration and reasonably equivalent value to the each Transferor in exchange consideration for the purchase of each transfer to the Borrowers of the Loan Assets (or any number of them) from Collateral under the Transferor pursuant to the Contribution applicable Purchase Agreement. No , no such transfer has been made for or on account of an antecedent debt owed by the Borrower Transferor thereunder to the Transferor Borrowers, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 3 contracts
Samples: Credit Agreement (CapLease, Inc.), Credit Agreement (Gramercy Capital Corp), Credit Agreement (CapLease, Inc.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) purchased from the Transferor pursuant to the Contribution 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 3 contracts
Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Senior Capital Ltd.), Consent and Omnibus Amendment (Solar Capital Ltd.)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution AgreementAssets. 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 3 contracts
Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor each applicable transferor of Eligible Loans in exchange consideration for the purchase of each transfer to the Borrower of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution AgreementEligible Loans. No such transfer has been made for or on account of an antecedent debt owed by the Borrower to the Transferor relevant 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 Security Agreement (North Haven Private Income Fund LLC), Loan and Security Agreement (North Haven Private Income Fund LLC)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor (which may be in the form of an increase in the value of the limited partnership interests of the Borrower held by the Transferor) in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 2 contracts
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor (which may be in the form of an increase in the value of the Equity Interest of the Borrower held by the Transferor) in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Sale and Contribution 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 1 contract
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value (which may be in the form of an increase in the value of the Equity Interest of the Borrower held by the Transferor) to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 1 contract
Samples: Loan and Servicing Agreement (Owl Rock Capital Corp)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor (which may be in the form of an increase in the value of the Equity Interest of the Borrower held by the Transferor) in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 1 contract
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 1 contract
Samples: Loan and Servicing Agreement (Onex Direct Lending BDC Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Purchase and Contribution 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 1 contract
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor (which may be in the form of an increase in the value of the membership interests of the Borrower held by the Transferor) in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 1 contract
Samples: Loan and Servicing Agreement (Apollo Debt Solutions BDC)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor or other applicable transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor such transferor pursuant to the Contribution AgreementPurchase and Sale Agreement or other assignment or novation. 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 CodeBorrower.
Appears in 1 contract
Samples: Omnibus Amendment (Blue Owl Technology Finance Corp. II)
Value Given. The Borrower Transferee has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each transfer of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution this Agreement. No such transfer has been made for or on account of an antecedent debt owed by the Borrower Transferee 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 1 contract
Samples: Contribution Agreement (Onex Direct Lending BDC Fund)
Value Given. The Borrower has given fair consideration and reasonably equivalent value to the Transferor in exchange for the purchase of each of the Loan Assets (or any number of them) from the Transferor pursuant to the Contribution 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 CodeTransferor.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)