Common use of Permitted Mergers Clause in Contracts

Permitted Mergers. 156 DMSLIBRARY01\30388519.v8 Each party hereto hereby acknowledges that (i) TCG BDC, Inc. (f/k/a Carlyle GMS Finance, Inc.), in each of its capacities under the Transaction Documents, intends to acquire or merge with NF Investment Corp. (the “Permitted BDC Merger”), and (ii) the Borrower may acquire or merge with NFIC SPV LLC (the “Permitted BDC Merger”; collectively, the (“Permitted Mergers”). Provided that such acquisition or merger is entered into pursuant to documentation substantially identical to the documentation previously provided to and approved by the Administrative Agent in its reasonable discretion and consistent with the representations and warranties set forth herein effecting each such Permitted Merger, each party hereto hereby agrees and consents to such Permitted Mergers. In connection with the Permitted Mergers, the Servicer and the Borrower hereby agree to utilize all efforts to elevate any participations entered into in connection with the Permitted Mergers to full assignment as promptly as practicable.

Appears in 1 contract

Sources: Loan and Servicing Agreement (TCG Bdc, Inc.)

Permitted Mergers. 156 DMSLIBRARY01\30388519.v8 Each party hereto hereby acknowledges that (i) TCG BDC, Inc. (f/k/a Carlyle GMS Finance, Inc.), in each of its capacities under the Transaction Documents, intends to acquire or merge with NF Investment Corp. (the “Permitted BDC Merger”), and (ii) the Borrower may acquire or merge with NFIC SPV LLC (the “Permitted BDC Merger”; collectively, the (“Permitted Mergers”). Provided that such acquisition or merger is entered into pursuant to documentation substantially identical to the documentation previously provided to and approved by the Administrative Agent in its reasonable discretion and consistent with the representations and warranties set forth herein effecting each such Permitted Merger, each party hereto hereby agrees and consents to such Permitted Mergers. In connection with the Permitted Mergers, the Servicer and the Borrower hereby agree to utilize all efforts to elevate any participations entered into in connection with the Permitted Mergers to full assignment as promptly as practicable.

Appears in 1 contract

Sources: Loan and Servicing Agreement (TCG Bdc, Inc.)

Permitted Mergers. 156 DMSLIBRARY01\30388519.v8 Each party hereto hereby acknowledges that (i) TCG BDC, Inc. (f/k/a Carlyle GMS Finance, Inc.), in each of its capacities under the Transaction Documents, intends to acquire or merge with NF Investment Corp. (the “Permitted BDC Merger”), and (ii) the Borrower may acquire or merge with NFIC SPV LLC (the “Permitted BDC Merger”; collectively, the (“Permitted Mergers”). Provided that such acquisition or merger is entered into pursuant to documentation substantially identical to the documentation previously provided to and approved by the Administrative Agent in its reasonable discretion and consistent with the representations and warranties set forth herein effecting each such Permitted Merger, each party hereto hereby agrees and consents to such Permitted Mergers. In connection with the Permitted Mergers, the Servicer and the Borrower hereby agree to utilize all efforts to elevate any participations entered into in connection with the Permitted Mergers to full assignment as promptly as practicable.. 178 DMSLIBRARY01\32370595.v1

Appears in 1 contract

Sources: Loan and Servicing Agreement (TCG Bdc, Inc.)