Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Golub Capital Investment Corp), Purchase and Sale Agreement (FS Investment Corp III), Purchase and Sale Agreement (FS Energy & Power Fund)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the LendersNote Purchaser, the Lender Agents, the Collateral Agent, the Collateral CustodianTrustee, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender AgentsBuyer, the Collateral Agent, the Collateral CustodianLenders, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 3 contracts
Samples: Sale, Contribution and Master Participation Agreement (Oxford Square Capital Corp.), Sale, Contribution and Master Participation Agreement (Oxford Square Capital Corp.), Contribution and Master Participation Agreement (TICC Capital Corp.)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral CustodianTrustee, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 3 contracts
Samples: Second Tier Purchase and Sale Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp), Purchase and Sale Agreement (Ares Capital Corp)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 3 contracts
Samples: Loan Sale and Contribution Agreement (Saratoga Investment Corp.), Sale and Contribution Agreement (Owl Rock Technology Income Corp.), Sale and Contribution Agreement (Apollo Debt Solutions BDC)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 3 contracts
Samples: Purchase and Contribution Agreement (Monroe Capital Income Plus Corp), Purchase and Contribution Agreement (PennantPark Floating Rate Capital Ltd.), Purchase and Contribution Agreement (Monroe Capital Income Plus Corp)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative AgentIndenture Trustee, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties Noteholders or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 2 contracts
Samples: Asset Purchase Agreement (MBC Funding Ii Corp.), Asset Purchase Agreement (MBC Funding Ii Corp.)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Pennantpark Investment Corp), Purchase and Sale Agreement (Pennantpark Investment Corp)
Waiver of Setoff. (ad) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Main Street Capital CORP)
Waiver of Setoff. (a) The Seller’s 's obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (PennantPark Floating Rate Capital Ltd.)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Loan Sale and Contribution Agreement (Saratoga Investment Corp.)
Waiver of Setoff. (a) The Seller’s 's obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Business Development Corp of America)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Capitala Finance Corp.)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender AgentsLender, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Waiver of Setoff. (a) The Seller’s obligations under this Contribution Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other similar right the Seller might have against the Purchaser, the Administrative Agent, Agent or the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties Lenders or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Contribution and Sale Agreement (American Color Graphics Inc)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral each Purchaser Agent, the Collateral CustodianPurchasers, the other Secured Parties Parties, the Backup Servicer, the Trustee or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Investor Agent, the LendersInvestors, the Lender AgentsSwingline Investor or the Trustee, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (NewStar Financial, Inc.)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral each Purchaser Agent, the Collateral CustodianPurchasers, the other Secured Parties Parties, the Backup Servicer, the Collateral Custodian or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Sale and Contribution Agreement (Capitalsource Inc)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Morgan Stanley Direct Lending Fund)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the Purchaser, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Fifth Street Finance Corp)
Waiver of Setoff. (a) The Seller’s obligations under this Agreement shall not be affected by any right of setoff, counterclaim, recoupment, defense or other right the Seller might have against the PurchaserBuyer, the Administrative Agent, the Lenders, the Lender Agents, the Collateral Agent, the Collateral Custodian, the other Secured Parties or any assignee of such Persons, all of which rights are hereby waived by the Seller.
Appears in 1 contract
Samples: Sale and Contribution Agreement (Investcorp Credit Management BDC, Inc.)
