Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral under the Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 24 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Value Given. The Seller shall have given reasonably equivalent value to the Originator each Transferor in consideration for the transfer to the Seller of the Collateral Purchased Items under the Sale applicable Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator Transferor thereunder to the 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: Master Repurchase Agreement (Quadra Realty Trust, Inc.), Master Repurchase Agreement (Arbor Realty Trust Inc), Master Repurchase Agreement (Northstar Realty)
Value Given. The Seller shall have given has received reasonably equivalent value to from the Originator Purchaser in consideration for the transfer to the Seller Purchaser of the Collateral under the Sale AgreementConveyed Assets, and no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Sellerdebt, 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: Loan Sale Agreement (Oaktree Specialty Lending Corp), Loan Sale Agreement (Palmer Square Capital BDC Inc.), Loan Sale Agreement (Fifth Street Senior Floating Rate Corp.)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute a Payout Event pursuant to Section 7. 1.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (Resource America Inc)
Value Given. The Seller shall have given reasonably equivalent value to the applicable Originator in consideration for the transfer to the Seller of the Collateral under the applicable Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the applicable Originator to the Seller, 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: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Value Given. The Seller shall have given reasonably equivalent value to the Originator or the applicable third party transferor of Collateral in consideration for the transfer to the Seller of the Collateral under the Sale Agreementsuch Collateral, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Sellerdebt, 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 (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale and Contribution Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the such Originator to the Seller, 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: Asset Purchase Agreement (Bluegreen Corp), Asset Purchase Agreement (Bluegreen Corp)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute an Early Amortization Event.
Appears in 2 contracts
Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc), Loan Purchase and Servicing Agreement (First International Bancorp Inc)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, 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 Certificate and Servicing Agreement (Capitalsource Inc), Loan Certificate and Servicing Agreement (Capitalsource Inc)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section Section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)
Value Given. The Seller shall have given reasonably equivalent value to the Originator or the applicable third party transferor of Collateral in consideration for the transfer to the Seller of the Collateral under the Sale Agreementsuch Collateral, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Sellerdebt, and no such transfer is or may be he voidable or subject to avoidance under any section of the Bankruptcy Code.
Appears in 1 contract
Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)
Value Given. (i) The Seller Buyer shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller Buyer of the Collateral Purchased Assets under the Sale this Purchase Agreement, (ii) no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the SellerBuyer, and (iii) 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 Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute a Termination Event.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Fidelity Leasing Inc)
Value Given. The Seller shall have given reasonably equivalent ----------- value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute an Early Amortization Event.
Appears in 1 contract
Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc)
Value Given. The Seller shall have given reasonably equivalent ----------- value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute a Payout Event pursuant to Section 7.1.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Bankvest Capital Corp)
Value Given. The Seller shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Seller of the Collateral Assets under the Sale Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Seller, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code; no event or circumstance has occurred that would constitute a Restricting Event pursuant to Section 7.2.
Appears in 1 contract
Samples: Receivables Purchase Agreement (American Business Financial Services Inc /De/)