Common use of No Duty to Examine Underlying Instruments Clause in Contracts

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 41 contracts

Samples: Custody Agreement (New Mountain Guardian III BDC, L.L.C.), Custody Agreement (Suro Capital Corp.), Custody Agreement (Franklin BSP Private Credit Fund)

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No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any Required Loan Document, Financing Document or any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Asset to determine the terms, validity, sufficiency, marketability or enforceability of any Security Asset (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 12 contracts

Samples: Custody Agreement (First Trust Alternative Opportunities Fund), Custody Agreement (Franklin Templeton Variable Insurance Products Trust), Custody Agreement (Altmore BDC, Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying limited liability company agreement, stock or share certificate, share registrar, instrument, certificate, credit subscription agreement, indenture, loan agreement, promissory note, limited partnership agreement or other financing similar agreement or document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 11 contracts

Samples: Custody Agreement (Prospect Capital Corp), Custody Agreement (Prospect Capital Corp), Custody Agreement (Prospect Capital Corp)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, note or any other financing document contained in the Loan Files evidencing or governing any Security Collateral Loan to determine the validity, sufficiency, marketability or enforceability of any Security Collateral Loan (and shall have no responsibility for the genuineness or completeness thereof), ) or otherwise.

Appears in 5 contracts

Samples: Credit and Security Agreement (Bain Capital Specialty Finance, Inc.), Credit and Security Agreement (Oxford Square Capital Corp.), Credit and Security Agreement (FS Investment Corp II)

No Duty to Examine Underlying Instruments. Nothing herein in this Agreement shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, note or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 4 contracts

Samples: Custody Agreement (Terra Income Fund 6, Inc.), Custody Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Custody Agreement (Terra Income Fund 6, Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document Financing Document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 3 contracts

Samples: Custody Agreement (Golub Capital BDC 4 LLC), Custody Agreement (Golub Capital Direct Lending LLC), Custody Agreement (Garrison Capital LLC)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian or Document Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Asset to determine the terms, validity, sufficiency, marketability or enforceability of any Security Asset (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 3 contracts

Samples: Custody Agreement (YieldStreet Prism Fund Inc.), Custody Agreement (IDR Core Property Index Fund LTD), Custody Agreement (YieldStreet Prism Fund Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any Required Loan Document, Financing Document or any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Asset to determine the terms, validity, sufficiency, marketability or enforceability of any Security Asset (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 3 contracts

Samples: Custody Agreement (Fundrise Growth Tech Interval Fund, LLC), Custody Agreement (Fundrise Real Estate Interval Fund, LLC), Custody Agreement (Fundrise Income Real Estate Fund, LLC)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), ) or otherwise.

Appears in 2 contracts

Samples: Custody Agreement (Golub Capital BDC 3, Inc.), Custody Agreement (Golub Capital Investment Corp)

No Duty to Examine Underlying Instruments. Nothing Except as provided in Section 3.3(b)(iii), nothing herein shall obligate the Custodian to review or examine the terms of any Required Loan Document, Financing Document or any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Asset to determine the terms, validity, sufficiency, marketability or enforceability of any Security Asset (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 2 contracts

Samples: Custody Agreement (AIP Alternative Lending Fund P), Custody Agreement (AIP Alternative Lending Fund A)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Panagram Capital, LLC)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying limited liability company agreement, stock or share certificate, share registrar, instrument, certificatesubscription agreement, limited partnership agreement, credit agreement, indenture, loan agreement, promissory note, note or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness genuineness, validity, sufficiency or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Eagle Point Credit Co LLC)

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No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, note or any other financing document Required Loan Documents evidencing or governing any Security Collateral Loan to determine the validity, sufficiency, marketability or enforceability of any Security Collateral Loan (and shall have no responsibility for the genuineness or completeness thereof), ) or otherwise.

Appears in 1 contract

Samples: Custodian Agreement (Pennantpark Investment Corp)

No Duty to Examine Underlying Instruments. Nothing Other than as set forth in Section 3.3(c), nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the accuracy, genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Corporate Capital Trust, Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any Required Loan Document, Financing Document or any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the terms, validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Parkview Capital Credit, Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, note or any other financing document contained in the Loan Files evidencing or governing any Security Collateral Loan to determine the validity, sufficiency, marketability or enforceability of any Security Collateral Loan (and shall have no responsibility for the genuineness or completeness thereof), ) or otherwise.. 103

Appears in 1 contract

Samples: Credit and Security Agreement (Business Development Corp of America)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any Financing Document, underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security to determine the validity, sufficiency, marketability or enforceability of any Security (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Stone Point Capital Credit LLC)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Loan to determine the validity, sufficiency, marketability or enforceability of any Security Loan (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Churchill Financial BDC Inc.)

No Duty to Examine Underlying Instruments. Nothing herein shall obligate the Custodian to review or examine the terms of any Whole Artwork or any underlying instrument, certificate, credit agreement, indenture, loan agreement, promissory note, or other financing document evidencing or governing any Security Asset to determine the terms, validity, sufficiency, marketability or enforceability of any Security Asset (and shall have no responsibility for the genuineness or completeness thereof), or otherwise.

Appears in 1 contract

Samples: Custody Agreement (Stone Ridge Trust VIII)

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