Common use of Term of this Agreement Clause in Contracts

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 27 contracts

Samples: Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Capital Corp)

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Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Final Date; provided, however, that the rights and remedies with respect to any breach of any representation and or warranty made or deemed made by the Borrower pursuant to Articles III and IV and or IV, the indemnification and payment provisions of Article IX and Article X Sections 10.6 and 12.8, and the provisions of Section Sections 12.6, 12.7, 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 8 contracts

Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article VV and VI, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and Article IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 12.10 and Section 12.10 12.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 6 contracts

Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its representations, warranties and covenants set forth herein, create and constitute the continuing obligation of the parties hereto in Article VIIaccordance with its terms, and shall remain in full force and effect until the Collection Date; provided, however, provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the Servicer, the indemnification and payment provisions of Article IX and Article X XI and the provisions of Section 12.9 13.9, Section 13.10, Section 13.11 and Section 12.10 13.13 shall be continuing and shall survive any termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, V and the Servicer’s obligation to observe its the covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.10 and Section 12.10 11.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Purchase and Servicing Agreement (First International Bancorp Inc), Purchase and Servicing Agreement (First International Bancorp Inc), Loan Purchase and Servicing Agreement (First International Bancorp Inc)

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its representations and covenants set forth in Article Articles IV and V, create and constitute the Servicer’s continuing obligation to observe of the parties hereto in accordance with its covenants set forth in Article VIIterms, and shall remain in full force and effect until during the Collection DateCovenant Compliance Period; provided, however, provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and V, the provisions, including the indemnification and payment provisions provisions, of Article IX and Article X and the provisions of X, Section 12.9 2.13, Section 12.9, Section 12.10 and Section 12.10 12.11, shall be continuing and shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (KKR FS Income Trust), Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (FS Investment Corp IV)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.9 and Section 12.10 11.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (Resource America Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article VV and VI, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and Article IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 12.10 and Section 12.10 12.11 shall be continuing and shall survive any termination of this Agreement. For the avoidance of doubt, amounts remaining on deposit in the Reserve Account, the Collection Account, the Principal Collection Account and the Interest Collection Account after the Collection Date shall be the property of the Borrower.

Appears in 3 contracts

Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its covenants set forth in Article V, V and the ServicerManager’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Credit, Security and Management Agreement (Saratoga Investment Corp.), Credit, Security and Management Agreement (GSC Investment Corp.)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, V and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (GSC Investment Corp.), Credit Agreement (GSC Investment Corp.)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and -------- ------- remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 12.10 and Section 12.10 12.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article Articles VI, VIII and IX and Article X and the provisions of Section 12.9 11.9 and Section 12.10 11.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fidelity Leasing Inc)

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its covenants set forth in Article V, V and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Capitalsource Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.. Section 12.6

Appears in 1 contract

Samples: Credit Agreement (Gladstone Investment Corporation\de)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's obligation to observe its covenants set forth in Articles V and VI, and the Servicer's obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 10.08 and Section 12.10 10.09 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Articles V and VI, and the Collection Agent's obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV IV, and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 10.10 and Section 12.10 10.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Synthetic Industries Inc)

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Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article VArticles V and VI, and the Servicer’s 's obligation to observe its covenants set Bet forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article IX and and-Article X and the provisions of Section 12.9 10.08 and Section 12.10 10.09 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.10 and Section 12.10 11.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles Article III and Article IV and the indemnification and payment provisions of Article IX and Article X and the provisions of Section 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Investment Corporation\de)

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VII, shall remain in full force and effect until the Collection Final Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and or IV, the indemnification and payment provisions of Article IX and Article X Sections 10.6 and 12.8, and the provisions of Section Sections 12.6, 12.7, 12.9 and Section 12.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Articles V and VI, and the Servicer's obligation to observe its covenants set forth in Article V, and the Servicer’s obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV IV, and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 10.10 and Section 12.10 10.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Outsource International Inc)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s 's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.9 and Section 12.10 11.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Fidelity Leasing Inc)

Term of this Agreement. This Agreement, including, without limitation, including the Borrower’s obligation to observe its representations and covenants set forth in Article Articles IV and V, create and constitute the Servicer’s continuing obligation to observe of the parties hereto in accordance with its covenants set forth in Article VIIterms, and shall remain in full force and effect until during the Collection DateCovenant Compliance Period; provided, however, provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Articles III and IV and V, the provisions, including the indemnification and payment provisions provisions, of Article IX and Article X and the provisions of X, Section 2.13, Section 12.9 and Section 12.10 12.11, shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Crescent Capital BDC, Inc.)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and -------- ------- remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.10 and Section 12.10 11.11 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc)

Term of this Agreement. This Agreement, Agreement including, without limitation, the Borrower’s obligation to observe its covenants set forth in Article V, Articles V and VI and the Servicer’s obligation to observe its covenants set forth in Article VIIArticles V and VI, shall remain in full force and effect until the Collection Date; provided, however, provided that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower or the Servicer pursuant to Articles III and IV VI and the indemnification and payment provisions of Section 2.09, 2.15, Article IX and Article X VIII and the provisions of Section 12.9 and Section 12.10 10.09 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (Marlin Business Services Corp)

Term of this Agreement. This Agreement, including, without limitation, the Borrower’s Seller's obligation to observe its covenants set forth in Article V, and the Servicer’s 's obligation to observe its covenants set forth in Article VIIVI, shall remain in full force and effect until the Collection Date; provided, however, that the rights and -------- ------- remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower Seller pursuant to Articles III and IV and the indemnification and payment provisions of Article IX VIII and Article X IX and the provisions of Section 12.9 11.9 and Section 12.10 11.10 shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bankvest Capital Corp)

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