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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 33 contracts

Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Fifth Street Finance Corp)

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Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Funding Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 25 contracts

Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (New Mountain Finance Corp), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Funding Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless such representation is only made as of a specific date is specified set forth below):

Appears in 14 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Measurement Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 13 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Capital Corp), Assignment and Acceptance (HPS Corporate Lending Fund), Loan and Servicing Agreement (Franklin BSP Capital Corp)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 7 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Restatement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 5 contracts

Samples: Loan and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Determination Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 5 contracts

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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Restatement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 4 contracts

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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Measurement Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 3 contracts

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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Original Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 3 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)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing each Measurement Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below), and provided that any specific representations as to any Loans are made only as of the Loan Tape Cut-Off Date on or immediately preceding the relevant Measurement Date):

Appears in 2 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Funding Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 2 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Payment Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 2 contracts

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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment CORP)

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Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 1 contract

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

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Measurement Date, as of each applicable Advance Funding Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless such representation is only made as of a specific date is specified set forth below):

Appears in 1 contract

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, as of the Closing Date, as of each applicable Cut-Off Date (solely with respect to the relevant Loans being pledged as of such Cut-Off Date), as of each applicable Advance Date, as of each Reporting Date Determination Date, and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 1 contract

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as to itself, as of the Closing Date, as of each applicable Cut-Off Cut‑Off Date (solely with respect to the relevant Collateral Obligations being pledged as of such Cut‑Off Date), as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 1 contract

Samples: Loan and Servicing Agreement (MSD Investment Corp.)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other -90- Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 1 contract

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):made:

Appears in 1 contract

Samples: Note Purchase Agreement (Ares Capital Corp)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants on and as of the Closing Date, as each Borrowing Date and the Consent Effective Date (and in respect of clause (g) below each applicable Cut-Off Datedate such information is provided), as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):follows:

Appears in 1 contract

Samples: Credit and Security Agreement (Xl Capital LTD)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, as of the Amended and Restated Closing Date, as of each applicable Cut-Off Date, as of each applicable Advance Date, as of each Reporting Date and as of each other date provided under this Agreement or the other Transaction Documents on which such representations and warranties are required to be (or deemed to be) made (unless a specific date is specified below):

Appears in 1 contract

Samples: Loan and Servicing Agreement (Golub Capital BDC, Inc.)

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