Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Transferor.
Appears in 21 contracts
Sources: Loan and Security Agreement (PennantPark Private Income Fund), Loan, Security and Collateral Management Agreement (5C Lending Partners Corp.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorSeller.
Appears in 13 contracts
Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorRelated Fund.
Appears in 13 contracts
Sources: Loan, Security and Collateral Management Agreement (Investcorp US Private Credit BDC II), Loan, Security and Collateral Management Agreement (Investcorp US Private Credit BDC II), Loan, Security and Collateral Management Agreement (Investcorp US Private Credit BDC II)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorEquityholder.
Appears in 13 contracts
Sources: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (NMF SLF I, Inc.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorCollateral Manager.
Appears in 8 contracts
Sources: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Transferred Loans as property of the bankruptcy estate of the TransferorBDC.
Appears in 7 contracts
Sources: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans Portfolio Assets as property of the bankruptcy estate of the TransferorEquityholder.
Appears in 5 contracts
Sources: Loan and Security Agreement (CION Investment Corp), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorTransferor or the Equityholder.
Appears in 4 contracts
Sources: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Omnibus Amendment to Transaction Documents (Phillip Street Middle Market Lending Fund LLC)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorOriginator.
Appears in 3 contracts
Sources: Credit Agreement (Brightwood Capital Corp I), Credit Agreement (Brightwood Capital Corp I), Loan and Security Agreement (NewStar Financial, Inc.)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the any Affiliate Transferor.
Appears in 2 contracts
Sources: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Stepstone Private Credit Fund LLC)
Contest Recharacterization. The TheEach Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Transferor.
Appears in 2 contracts
Sources: Second Amendment and Joinder to Amended and Restated Loan Agreement (Willow Tree Capital Corp), Loan, Security and Collateral Management Agreement (Willow Tree Capital Corp)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorFund.
Appears in 1 contract
Sources: Loan, Security and Collateral Management Agreement (First Eagle Credit Opportunities Fund)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Transferred Loans as property of the bankruptcy estate of the TransferorFund.
Appears in 1 contract
Sources: Credit Agreement (Ept 16 LLC)
Contest Recharacterization. The Borrower shall in good faith contest any or attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the TransferorSeller.
Appears in 1 contract
Sources: Loan and Security Agreement (New Mountain Finance Corp)
Contest Recharacterization. The Borrower shall in good faith contest any attempt to recharacterize the treatment of the Loans as property of the bankruptcy estate of the Transferorany Seller.
Appears in 1 contract