Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 15 contracts
Sources: Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (HPS Corporate Lending Fund)
Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 7 contracts
Sources: Revolving Credit and Security Agreement (Overland Advantage), Revolving Credit and Security Agreement (KKR FS Income Trust Select), Revolving Credit and Security Agreement (Fidelity Private Credit Fund)
Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 6 contracts
Sources: Revolving Credit and Security Agreement (Blue Owl Credit Income Corp.), Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund), Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation, in each case, to the extent such factual assumptions are necessary to support the conclusions set forth therein.
Appears in 4 contracts
Sources: Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.)
Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy in all material respects of the factual assumptions set forth in the legal opinions of Dechert ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 4 contracts
Sources: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund), Revolving Credit and Security Agreement (T Series Middle Market Loan Fund LLC), Revolving Credit and Security Agreement (T Series Middle Market Loan Fund LLC)
Separateness. The Equityholder It shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Revolving Credit and Security Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
Separateness. The Equityholder shall not take any action that causes, or omit to take any action that results in, the Borrower to fail Borrower’s failure to comply with any of its covenants in Section 5.05 and the Equityholder shall take all other actions necessary to maintain the accuracy of the factual assumptions set forth in the legal opinions of Dechert L▇▇▇▇▇ & W▇▇▇▇▇▇ LLP, as special counsel to the Borrower, issued on the Closing Date and relating to the issues of substantive consolidation.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)