Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer pursuant to the provisions hereof.
Appears in 40 contracts
Samples: Indenture and Security Agreement (Blue Owl Capital Corp), Indenture (MSD Investment Corp.), Indenture (Blue Owl Credit Income Corp.)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money amounts paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.
Appears in 9 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Arbor (Arbor Realty Trust Inc)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets Collateral or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money Cash paid to the Issuer pursuant to the provisions hereof.
Appears in 8 contracts
Samples: Indenture (BC Partners Lending Corp), Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Sixth Supplemental Indenture (CM Finance Inc)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than except the Certificate certificates of Authentication thereonauthentication on the Notes, shall be taken as the statements of the Issuer; Issuer and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation representations with respect to the Trust Estate or as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity or of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money money paid to the Issuer or upon Issuer Order pursuant to the provisions hereof.
Appears in 4 contracts
Samples: Mid State Trust Vi, Mid State Trust Vi, Mid State Trust Vi
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; Co-Issuers, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), of the Assets Collateral or of the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co-Issuers pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Taberna Realty Finance Trust, Taberna Realty Finance Trust, Taberna Realty Finance Trust
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the IssuerApplicable Issuers; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co-Issuers pursuant to the provisions hereof.
Appears in 3 contracts
Samples: BCC Middle (Bain Capital Specialty Finance, Inc.), Supplemental Indenture (AB Private Credit Investors Corp), Indenture (AB Private Credit Investors Corp)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; , and neither the Trustee nor the Note Administrator assumes no any responsibility for their correctness. The Neither the Trustee nor the Note Administrator makes no any representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder)and Credit Agreement, the Assets Collateral or the NotesDebt. The Neither the Trustee nor the Note Administrator shall not be accountable for the use or application by the Issuer of the Notes Debt or the proceeds thereof or any Money amounts paid to the Issuer pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Indenture and Credit Agreement (Granite Point Mortgage Trust Inc.), Indenture and Credit Agreement (Terra Property Trust, Inc.), Indenture and Credit Agreement (Terra Secured Income Fund 5, LLC)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Arbor Realty Trust Inc, Arbor Realty Trust Inc, Arbor Realty Trust Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Gramercy Real (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital Corp), Marathon Real Estate Finance, Inc.
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the IssuerApplicable Issuers; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co-Issuers pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Indenture (JMP Group LLC), Indenture (Garrison Capital Inc.), Indenture (JMP Group Inc.)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money money paid to the Issuer pursuant to the provisions hereof.
Appears in 3 contracts
Samples: Indenture and Security Agreement (Blue Owl Technology Finance Corp.), Indenture and Security Agreement (Blue Owl Technology Finance Corp.), Indenture and Security Agreement (Owl Rock Technology Finance Corp.)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than except the Certificate certificates of Authentication thereonauthentication on the Notes, shall be taken as the statements of the Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation representations with respect to the Pledged Assets or as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity or of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money money paid to the Issuer or upon Issuer Order pursuant to the provisions hereof.
Appears in 2 contracts
Samples: Note Purchase Agreement (Specialty Trust Inc), Specialty Mortgage Trust Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer pursuant to the provisions hereof.
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder)Indenture, the Assets Collateral or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer pursuant to the provisions hereof.
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; Issuer and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money amounts paid to the Issuer pursuant to the provisions hereof.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein in this Indenture and in the Notes, other than the Certificate of Authentication thereonAuthentication, shall be taken as the statements of the Issuer; and the Applicable Issuers. The Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunderunder this Indenture), the Assets Collateral or the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the their proceeds thereof or any Money money paid to the Issuer Co-Issuers pursuant to the provisions hereofthis Indenture.
Appears in 1 contract
Samples: Indenture (NewStar Financial, Inc.)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; Co-Issuers and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), of the Assets Collateral or of the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co-Issuers pursuant to the provisions hereof.
Appears in 1 contract
Samples: Substitution; Hedge Agreement (CBRE Realty Finance Inc)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; Issuer and neither the Trustee nor the Note Administrator assumes no any responsibility for their correctness. The Neither the Trustee nor the Note Administrator makes no any representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder)Indenture, the Assets Collateral or the Notes. The Neither the Trustee nor the Note Administrator shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money amounts paid to the Issuer pursuant to the provisions hereof.
Appears in 1 contract
Samples: Confidentiality Agreement (Lument Finance Trust, Inc.)
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder)Indenture, the Assets Collateral or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money amounts paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer pursuant to the provisions hereof.
Appears in 1 contract
Samples: Capitalsource Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the NotesNotes and Guarantees, other than except the Certificate Trustee’s certificates of Authentication thereonauthentication, shall be taken as the statements of the Issuer; Issuer or the Guarantors, and the Trustee assumes no does not assume any responsibility for their correctness. The Trustee makes no representation representations as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity or of the Trustee’s obligations hereunder), the Assets Notes or the NotesGuarantees. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid thereof. The Trustee makes no representations as to the Issuer pursuant to the provisions hereofOffering Memorandum and shall have no responsibility for its contents.
Appears in 1 contract
Samples: Omnova Solutions Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; Issuers, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunder), of the Assets Collateral or of the NotesNotes or of any other Financing Document. The Trustee shall not be accountable for the use or application by the Issuer Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Issuers pursuant to the provisions hereofhereof or of any other Financing Document.
Appears in 1 contract
Samples: Enron International Cpo Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall will be taken as the statements of the IssuerApplicable Issuers; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall is not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co-Issuers pursuant to the provisions hereof.. Section 6.5
Appears in 1 contract
Samples: Blackstone Private Credit Fund
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than except the Certificate certificates of Authentication thereonauthentication on the Notes, shall be taken as the statements of the Issuer; Issuer and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation representations with respect to the Trust Fund or as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity or of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money money paid to the Issuer or upon Issuer Order pursuant to the provisions hereof.
Appears in 1 contract
Samples: Nations Asset Securities Inc
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), of the Assets Collateral, or of the Notes. The Trustee shall not be accountable for the use or application by the Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer pursuant to the provisions hereofthereof.
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the IssuerApplicable Issuers; and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s 's obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer Co-Issuers of the Notes or the proceeds thereof or any Money paid to the Issuer Co- Issuers pursuant to the provisions hereof.
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.. 158
Appears in 1 contract
Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, other than the Certificate of Authentication thereon, shall be taken as the statements of the Issuer and the Co-Issuer; , and the Trustee assumes no responsibility for their correctness. The Trustee makes no representation as to the validity or sufficiency of this Indenture (except as may be made with respect to the validity of the Trustee’s obligations hereunder), the Assets Collateral or the Notes. The Trustee shall not be accountable for the use or application by the Issuer or the Co-Issuer of the Notes or the proceeds thereof or any Money paid to the Issuer or the Co-Issuer pursuant to the provisions hereof.
Appears in 1 contract
Samples: Management Agreement and Servicing Agreement (CBRE Realty Finance Inc)