Value Given. The Borrower shall have given reasonably equivalent value to the Seller in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 9 contracts
Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 8 contracts
Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller Originator or the applicable third party transferor of Collateral in consideration for the transfer to the Borrower of the such Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Value Given. The Borrower shall have has given reasonably equivalent value to the Seller applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 Security Agreement (Nuveen Churchill Direct Lending Corp.), Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Value Given. The To the extent a Borrower acquired Mortgage Assets, such Borrower shall have given reasonably equivalent value to the Seller each transferor in consideration for the such transfer to the Borrower of the Collateralsuch Borrower, and no such transfer shall have been made for or on account of an antecedent debtdebt owed by the transferor thereunder to such Borrower, and no such transfer is or may be voidable or subject to avoidance under any Section section of the Bankruptcy Code.
Appears in 4 contracts
Samples: Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (Northstar Realty), Credit Agreement (Arbor Realty Trust Inc)
Value Given. The Borrower shall have has given reasonably equivalent value to the Seller Equityholder or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 3 contracts
Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller applicable Equityholder or third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller applicable third party seller (or, in the case of a contribution, to the Originator on account of its equity interest in the Borrower) of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)
Value Given. The Borrower shall have has given reasonably equivalent value to the Seller Transferor in consideration for the transfer to the Borrower of the Collateraleach Loan, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Value Given. The Borrower shall have has given reasonably equivalent value to the Seller applicable Affiliate Transferor or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 2 contracts
Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Stepstone Private Credit Fund LLC)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller Originator or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 Security Agreement (NewStar Financial, Inc.)
Value Given. The Borrower shall have given reasonably equivalent value to the applicable Seller in consideration for the transfer to the Borrower of the CollateralCertificates and Related Security under each Certificate Purchase Agreement, and no such transfer shall have been made for or on account of an antecedent debtdebt owed by the applicable Seller to the Borrower, 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: Certificate Funding Agreement (Credit Acceptance Corporation)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller Sellers or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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
Value Given. The Borrower shall have given reasonably equivalent value to the Seller or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Finance Corp)
Value Given. The Borrower shall have given reasonably equivalent value to the Original Seller or the applicable third party seller of Collateral in consideration for the transfer to the Borrower of the CollateralCollateral as contemplated by the applicable assignment agreement, and no such transfer shall have been made for or on account of an antecedent debt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any Section section of the Bankruptcy Code.
Appears in 1 contract
Value Given. The Borrower shall have given reasonably equivalent value to the Seller in consideration for the transfer to the Borrower of the CollateralReceivables and the related Collateral under the Purchase Agreement, and no such transfer shall have been made for or on account of an antecedent debt, debt owed by the Seller to the Borrower 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: Warehouse Agreement (Vroom, Inc.)
Value Given. The Borrower shall have given reasonably equivalent value to the Seller in consideration for the transfer to the Borrower of the Collateral, and no such transfer shall have 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 section of the Bankruptcy Code.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Finance Corp)