Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.
Appears in 8 contracts
Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxx, Xxxxx & Xxxxxxx Xxxx & Xxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 6 contracts
Samples: And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Investment Management Agreement (Investcorp Credit Management BDC, Inc.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx Sxxxxxx Rxxx & Xxxxx Zxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.
Appears in 6 contracts
Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (NMF SLF I, Inc.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Dechert LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects, in each case solely to the extent the accuracy of such assumptions is necessary to support the conclusions set forth in such opinion. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
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.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx Winston & Xxxxx Xxxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true true, accurate and accurate complete in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Samples: And Collateral Management Agreement (First Eagle Credit Opportunities Fund)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx Sxxxxxx Rxxx & Xxxxx Zxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f)(i)(C) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Dechert LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Dechert LLP in their its opinion delivered pursuant to Section 3.1(f)(ii) 3.1 is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (NewStar Financial, Inc.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Dechert LLP in their its opinion delivered pursuant to Section 3.1(f)(ii3.1(g)(iii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx Xxxxxxx & Xxxxx Xxxxxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Finance Corp)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Xxxxxx LLP in their its opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (AGTB Private BDC)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.. (w)
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Finance Corp)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx Sxxxxxx Rxxx & Xxxxx Zxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f)(i)(C) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.. 110
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx LLP in their opinion delivered pursuant to Section 3.1(f)(ii) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Agreement.. (u)
Appears in 1 contract
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxx, Xxxxx & Xxxxxxx Xxxx & Xxxxx LLP in their opinion delivered [Investcorp] Loan and Security Agreement pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Samples: And Investment Management Agreement (Investcorp Credit Management BDC, Inc.)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Cxxxxxxx Chance US LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC AgreementGoverning Documents of the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (FS Investment Corp IV)
Non-Consolidation. The Borrower shall at all times act in a manner such that each of the assumptions made by Xxxxxxx Xxxx & Xxxxx Xxxxxxxx Chance US LLP in their opinion delivered pursuant to Section 3.1(f)(ii3.1(f) is true and accurate in all material respects. The Borrower shall at all times observe and be in compliance in all material respects with all covenants and requirements in the Borrower LLC Governing Documents of the Borrower. [FS Investment] Loan and Security Agreement.
Appears in 1 contract
