Common use of Representations and Warranties of the Adviser Clause in Contracts

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters as of the date of this Agreement, as of the Applicable Time, as of the Closing Date and as of each Option Closing Date, and agrees with the Underwriters as follows:

Appears in 10 contracts

Samples: Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.), Underwriting Agreement (Great Elm Capital Corp.)

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Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters as of the date of this Agreement, as of the Applicable Time, Time and as of the Closing Date and as of each Option Closing Date, and agrees with the Underwriters as follows:

Appears in 5 contracts

Samples: Underwriting Agreement (Saratoga Investment Corp.), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (Saratoga Investment Corp.)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreementhereof, as of the Applicable Time, as of the Closing Time (as defined below) and any Date and of Delivery (as of each Option Closing Datedefined below), and agrees with the Underwriters each Underwriter, as follows:

Appears in 3 contracts

Samples: Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Morgan Stanley Direct Lending Fund), Underwriting Agreement (Morgan Stanley Direct Lending Fund)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreementhereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 2(c) hereof, and as of each Option Closing DateDate of Delivery (if any) referred to in Section 2(b) hereof, and agrees with the Underwriters each Underwriter as follows:

Appears in 2 contracts

Samples: Purchase Agreement (Firsthand Technology Value Fund, Inc.), Purchase Agreement (Firsthand Technology Value Fund, Inc.)

Representations and Warranties of the Adviser. The Adviser represents and warrants to and agrees with each of the Underwriters Underwriters, as of the date of this Agreementhereof, as of the Applicable Time, as of the Closing Date Time referred to in Section 3(c) hereof and as of each Option Closing DateDate of Delivery (if any) referred to in Section 3(b) hereof, and agrees with the Underwriters as follows:

Appears in 2 contracts

Samples: Underwriting Agreement (Alcentra Capital Corp), Underwriting Agreement (Alcentra Capital Corp)

Representations and Warranties of the Adviser. The Adviser represents and warrants to and agrees with each of the Underwriters as of the date of this Agreement, as of the Applicable Time, as of the Closing applicable Representation Date and as of each Option Closing Date, and agrees with the Underwriters as follows:

Appears in 2 contracts

Samples: Terms Agreement (Apollo Investment Corp), Terms Agreement (Apollo Investment Corp)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Underwriting Agreement, as of the Applicable Time, as of the Firm Shares Closing Date Time and as of each Option Additional Shares Closing DateTime, and agrees with the Underwriters if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Van Kampen Dynamic Credit Opportunities Fund)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, as of the Applicable Timehereof, as of the Closing Date Time referred to in Section 3(c) hereof, and as of each Option Closing DateDate of Delivery (if any) referred to in Section 3(b) hereof, and agrees with the Underwriters each Underwriter as follows:

Appears in 1 contract

Samples: Gladstone Investment Corporation\de

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreementhereof, as of the Applicable TimeTime and, as of the Closing Date and as of each Option Closing DateTime referred in Section 2(b) hereof, and agrees with the Underwriters each Underwriter as follows:

Appears in 1 contract

Samples: Purchase Agreement (Tortoise Capital Resources Corp)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Underwriting Agreement, as of the Applicable Time, as of the Firm Shares Closing Date Time and as of each Option Additional Shares Closing DateTime, and agrees with the Underwriters if any, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Thornburg Income Builder Opportunities Trust)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreementhereof, as of the Applicable Time, as the time of the Closing Date purchase and as each additional time of each Option Closing Datepurchase, if any, and agrees with the Underwriters each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (ROX Financial LP)

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Representations and Warranties of the Adviser. The Adviser represents and warrants to and agrees with each of the Underwriters Underwriters, as of the date of this Agreementhereof, as of the Applicable Time, as of the Closing Date and as of each Option of the Applicable Time and the Closing DateTime (as such terms are defined in Sections 1(a) and 3(b), and agrees with the Underwriters respectively, hereof), as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Stellus Capital Investment Corp)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters as of the date of this Agreement, as of the Applicable Effective Time, as of the Closing Date date hereof, as of the time of purchase and as of each Option Closing Date, and agrees with the Underwriters as followstime of any additional purchase that:

Appears in 1 contract

Samples: Underwriting Agreement (Alcentra Capital Corp)

Representations and Warranties of the Adviser. The Adviser represents and warrants to each of the Underwriters as of the date of this Agreementhereof, as of the Applicable Time, Time and as of the Closing Date referred to in Section 2(b) hereof and as of each Option Closing DateDate (if any) referred to in Section 2(b) hereof, and agrees with each of the Underwriters Underwriters, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Palmer Square Capital BDC Inc.)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreementhereof, as of the Applicable Time, as of Time and the Closing Date and Time (as of each Option Closing Date, defined below) and agrees with the Underwriters each Underwriter, as follows:

Appears in 1 contract

Samples: Underwriting Agreement (Barings BDC, Inc.)

Representations and Warranties of the Adviser. The Adviser represents and warrants to the Underwriters each Underwriter as of the date of this Agreement, as of the Applicable Time, as of the Firm Shares Closing Date Time and as of each Option Additional Shares Closing DateTime, and agrees with the Underwriters if any, as follows:

Appears in 1 contract

Samples: First Trust/Gallatin Specialty Finance & Financial Opportunities Fund

Representations and Warranties of the Adviser. The Adviser represents and warrants to each of the Underwriters as of the date of this Agreement, as of the Applicable Time, as of the Closing Date and as of each Option Closing Date, and agrees with the Underwriters as followshereof that:

Appears in 1 contract

Samples: Underwriting Agreement (Fiduciary/Claymore MLP Opportunity Fund)

Representations and Warranties of the Adviser. The Adviser hereby represents and warrants to the Underwriters as of each Underwriter on the date of this Agreementhereof, as of the Applicable Time, as of and shall be deemed to represent and warrant to each Underwriter on the Closing Date and as of each Option the Additional Closing Date, and agrees with as the Underwriters as followscase may be, that:

Appears in 1 contract

Samples: Underwriting Agreement (NexPoint Residential Trust, Inc.)

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