No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 61 contracts
Sources: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (BlackRock TCP Capital Corp.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 51 contracts
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Servicing Agreement (Franklin BSP Capital Corp), Loan, Security and Collateral Management Agreement (Investcorp US Private Credit BDC II)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 39 contracts
Sources: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (BlackRock TCP Capital Corp.), Loan and Servicing Agreement (Diameter Credit Co)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Backup Servicer is a party or by which it or any of its property is bound.
Appears in 35 contracts
Sources: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 30 contracts
Sources: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument Contractual Obligation to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 26 contracts
Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Backup Servicer is a party or by which it or any of its property is bound.
Appears in 17 contracts
Sources: 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.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 17 contracts
Sources: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.), Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.), Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Trustee is a party or by which it or any of its property is bound.
Appears in 14 contracts
Sources: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 13 contracts
Sources: Loan and Servicing Agreement (Franklin BSP Capital Corp), Facility Agreement (AB Private Credit Investors Corp), Loan and Security Agreement (CION Investment Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Trustee is a party or by which it or any of its property is bound.
Appears in 11 contracts
Sources: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Revolving Credit and Security Agreement (NewStar Financial, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Document Custodian is a party or by which it or any of its property is bound.
Appears in 10 contracts
Sources: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Facility Agreement (AB Private Credit Investors Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 10 contracts
Sources: Receivables Purchase Agreement (Yamaha Motor Receivables Corp), Receivables Purchase Agreement (Federal Mogul Corp), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian it is a party or by which it or any of its property is bound.
Appears in 8 contracts
Sources: Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Saratoga Investment Corp.)
No Conflict. The Neither the execution and delivery of this Agreement, Agreement nor the performance consummation of the transactions contemplated hereby and herein, nor compliance with the fulfillment of the terms hereof provisions hereof, will not conflict with, with or result in any a breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute a default (with or without notice or lapse passage of time or both) a default under any provision of any law, governmental rule or regulation, judgment, decree or order binding on the Trustee or the articles of association or by-laws of the Trustee or any provision of any mortgage, indenture, contract, agreement, mortgage, deed of trust, agreement or other instrument to which the Collateral Custodian Trustee is a party or by which it or any of its property is bound.; and
Appears in 8 contracts
Sources: Trust Agreement (GE TF Trust), Trust Agreement (GECB Equipment Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws constitutional documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 8 contracts
Sources: Loan, Security and Collateral Management Agreement (5C Lending Partners Corp.), Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust)
No Conflict. The execution and delivery of this Agreement and the ----------- Receivables Purchase Agreement, the performance of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is bound.
Appears in 7 contracts
Sources: Pooling and Servicing Agreement (First Consumers Master Trust), Transfer and Servicing Agreement (Spiegel Master Trust), Transfer and Servicing Agreement (Spiegel Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, with or result in any breach of its articles of incorporation or bylaws or any or, to the knowledge of the terms and provisions ofCollateral Agent, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument Contractual Obligation to which the Collateral Custodian Agent is a party or by which it or any of its property is boundparty.
Appears in 6 contracts
Sources: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any material breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 5 contracts
Sources: 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)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Administrator is a party or by which it or any of its property is bound.
Appears in 5 contracts
Sources: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Diameter Credit Co)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby to be performed by it and the fulfillment of the terms hereof applicable to it will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 5 contracts
Sources: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Antares Private Credit Fund)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby to be performed by it and the fulfillment of the terms hereof applicable to it will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 4 contracts
Sources: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund)
No Conflict. The execution and delivery of this AgreementAgreement by the Collateral Custodian, the performance by it of the transactions contemplated hereby and the fulfillment by it of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws organizational documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 4 contracts
Sources: Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)
No Conflict. The execution and delivery of this Agreement, and the performance of the transactions contemplated hereby and the fulfillment of the terms hereof hereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 4 contracts
Sources: Loan and Servicing Agreement (MSD Investment Corp.), Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (MSD Investment Corp.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws organizational documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Trustee is a party or by which it or any of its property is bound.
Appears in 4 contracts
Sources: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation Constituent Documents or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 3 contracts
Sources: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
No Conflict. The execution and delivery of this AgreementAgreement and the Certificates, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Originator is a party or by which it or any of its property is properties are bound.
Appears in 3 contracts
Sources: Receivables Purchase Agreement (CNH Wholesale Receivables Inc), Receivables Purchase Agreement (CNH Wholesale Receivables Inc), Receivables Purchase Agreement (CNH Wholesale Receivables Inc)
No Conflict. The execution and delivery of this AgreementAgreement and the ----------- Certificates, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust), Pooling and Servicing Agreement (Peoples Bank), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian such Seller is a party or by which it or any of its property is properties are bound.
Appears in 3 contracts
Sources: Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P), Receivables Contribution and Sale Agreement (Distribution Financial Services Floorplan Master Trust), Receivables Contribution and Sale Agreement (CDF Funding, Inc.)
No Conflict. The execution and delivery of this Agreement, the ----------- performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 3 contracts
Sources: Receivables Purchase Agreement (Greentree Floorplan Funding Corp), Receivables Purchase Agreement (Greentree Floorplan Funding Corp), Receivables Purchase Agreement (Ford Credit Auto Receivables LLC)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation Constituent Documents or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 3 contracts
Sources: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Agent or Custodian is a party or by which it or any of its property is bound.
Appears in 3 contracts
Sources: Credit and Security Agreement (WhiteHorse Finance, Inc.), Credit and Security Agreement (WhiteHorse Finance, Inc.), Revolving Credit and Security Agreement (WhiteHorse Finance, LLC)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 3 contracts
Sources: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (MSD Investment Corp.), Loan and Security Agreement (North Haven Private Income Fund LLC)
No Conflict. The execution and delivery of this Agreement and the Receivables Sale Agreement, the performance of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Company is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Pooling Agreement (United Stationers Supply Co), Pooling Agreement (Rykoff Sexton Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws constitutional documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian or Document Agent, as applicable, is a party or by which it or any of its property is bound.
Appears in 2 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)
No Conflict. The execution and delivery of this Agreement and the Loan Agreement, the performance of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Safekeeping Agent is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Loan and Security Agreement (New Mountain Finance Corp), Safekeeping Agreement (New Mountain Finance Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, agreement mortgage, deed of trust, or other instrument to which the Collateral Custodian Tax Masters is a party or by which it or any of its property is properties are bound.
Appears in 2 contracts
Sources: Refund Anticipation Loan Participation Agreement (H&r Block Inc), Refund Anticipation Loan Participation Agreement (H&r Block Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Backup Servicer is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws organizational documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Revolving Credit Agreement (CLST Holdings, Inc.), Revolving Credit Agreement (CLST Holdings, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof hereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Pledge and Security Agreement (American Capital Strategies LTD), Pledge and Security Agreement (American Capital Strategies LTD)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws constitutional documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent or Custodian, as applicable, is a party or by which it or any of its property is bound.
Appears in 2 contracts
Sources: Loan and Security Agreement (PennantPark Private Income Fund), Loan and Security Agreement (PennantPark Private Income Fund)
No Conflict. The execution and delivery of this Agreement, the ----------- performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian such Seller is a party or by which it or any of its property is properties are bound.
Appears in 1 contract
Sources: Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 1 contract
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.. USActive 37382726.29 80
Appears in 1 contract
Sources: Loan and Security Agreement (New Mountain Finance Corp)
No Conflict. The execution and delivery of this AgreementAgreement and the other Basic Documents, the performance of the transactions contemplated hereby by this Agreement and the other Basic Documents and the fulfillment of the terms hereof and thereof, will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 1 contract
Sources: Trust Sale and Servicing Agreement (Navistar Financial Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws organizational documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contractloan, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 1 contract
Sources: Revolving Credit Agreement (Sparta Commercial Services, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles certificate of incorporation formation or bylaws operating agreement or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is boundbound that could reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Servicing Agreement (Owl Rock Capital Corp)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Backup Servicer is a party or by which it or any of its property is bound.
Appears in 1 contract
No Conflict. The execution and delivery of this AgreementAgreement and ----------- the Certificates, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Seller is a party or by which it or any of its property is properties are bound.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 1 contract
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a BUSINESS.33662032.9 117 default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 1 contract
Sources: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under |US-DOCS\148390876.14|| any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound.
Appears in 1 contract
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under ‑123‑ any material indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 1 contract
Sources: Loan and Servicing Agreement (MSD Investment Corp.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.. USActive 52762757.1552762757.22 94
Appears in 1 contract
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby by this Agreement and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under under, any indenture, contract, agreement, agreement mortgage, deed of trust, or other instrument to which the Collateral Custodian BNB or Tax Masters is a party or by which it either of them or any of its property is their properties are bound.
Appears in 1 contract
Sources: Refund Anticipation Loan Participation Agreement (H&r Block Inc)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws bylawsconstitutional documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 1 contract
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions -84- of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian is a party or by which it or any of its property is bound.
Appears in 1 contract
Sources: Loan and Servicing Agreement (Business Development Corp of America)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby and the fulfillment of the terms hereof will not conflict with, result in any breach of its articles of incorporation or bylaws organizational documents or any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contractloan, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Backup Servicer is a party or by which it or any of its property is bound.
Appears in 1 contract
Sources: Revolving Credit Agreement (Sparta Commercial Services, Inc.)
No Conflict. The execution and delivery of this Agreement, the performance of the transactions contemplated hereby to be performed by it and the fulfillment of the terms hereof applicable to it will not conflict with, result in any breach of its articles of incorporation or bylaws or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Collateral Custodian Agent is a party or by which it or any of its property is bound..
Appears in 1 contract
Sources: Loan and Servicing Agreement (Antares Private Credit Fund)