Common use of Organization, Good Standing and Due Qualification Clause in Contracts

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 12 contracts

Samples: 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)

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Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware (subject to Section 5.02(r)) and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 10 contracts

Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company company, duly organized, validly existing and in good standing under the laws of the State of Delaware and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 8 contracts

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (AGTB Private BDC), Loan and Servicing Agreement (AGTB Private BDC)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organizedformed, validly existing and in good standing under the laws of Delaware and the State of Delaware, has the power and all licenses necessary to own its assets and assets, to transact the business in which it is engaged and to enter into and perform its obligations pursuant to this Agreement, and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its business, the ownership of the Loan Assets Loans and the Collateral Portfolio and the entering into and performance of its obligations pursuant to this Agreement requires such qualification.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Security Agreement (FS Investment Corp III), Loan and Servicing Agreement (FS Energy & Power Fund)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification, except in each case, to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware (subject to Section 5.02(p)) and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Solar Senior Capital Ltd.)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification; except in each case, to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)

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Organization, Good Standing and Due Qualification. The Borrower is a limited liability company company, duly organized, validly existing and in good standing under the laws of the State of Delaware and has the power and and, except where failure to do so would not cause a Material Adverse Effect, all licenses necessary to own its assets and to transact the business in which it is engaged and and, except where failure to do so would not cause a Material Adverse Effect, is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (Apollo Debt Solutions BDC)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company company, duly organizedformed, validly existing and in good standing under the laws of the State of Delaware and has the power and and, except where failure to do so would not cause a Material Adverse Effect, all licenses necessary to own its assets and to transact the business in which it is engaged and and, except where failure to do so would not cause a Material Adverse Effect, is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualification.

Appears in 1 contract

Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.)

Organization, Good Standing and Due Qualification. The Borrower (i) is a limited liability company company, duly organized, validly existing and in good standing under the laws of Delaware and the State of Delaware, (ii) has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and (iii) is duly qualified and in good standing under the laws of each jurisdiction where the transaction of such business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualificationjurisdiction, except as would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Overland Advantage)

Organization, Good Standing and Due Qualification. The Borrower is a limited liability company duly organized, validly existing existing, and in good standing under in the laws State of Delaware and has the power and all licenses necessary to own its assets and to transact the business in which it is engaged and is validly existing, duly qualified and authorized to conduct business and in good standing under the laws of each jurisdiction where the transaction of such in all states and jurisdictions in which Borrower does business or its ownership of the Loan Assets and the Collateral Portfolio requires such qualificationas required by law.

Appears in 1 contract

Samples: Loan Agreement (First Choice Healthcare Solutions, Inc.)

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