Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter as follows:
Appears in 23 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Crescent Capital BDC, Inc.)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent to each Underwriter as of the date hereof, as of the Applicable Time, and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter as follows:
Appears in 21 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereofof this Agreement, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, Date and as of each Date of Delivery (if any) referred to in Section 2(b) hereofOption Closing Date, and agree with each Underwriter the Underwriters as follows:
Appears in 17 contracts
Samples: Underwriting Agreement (Gladstone Capital Corp), Underwriting Agreement (Gladstone Investment Corporation\de), Underwriting Agreement (Gladstone Investment Corporation\de)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree agrees with each Underwriter as follows:
Appears in 14 contracts
Samples: Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Ares Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter of the Underwriters as of the date hereofExecution Time, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, hereof and agree with each Underwriter of the Underwriters, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereofExecution Time, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter Underwriter, as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofTime, and agree with each Underwriter the Underwriters as follows:
Appears in 7 contracts
Samples: Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Prospect Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) 4 hereof, and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agree with each Underwriter as follows:
Appears in 5 contracts
Samples: Administration Agreement (Prospect Capital Corp), Prospect Capital Corp, Prospect Capital Corp
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the Effective Time, as of the date hereof, as of the Applicable Time, time of purchase and as of the Closing Time referred to in Section 2(c) hereof, and as time of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter as followsany additional purchase that:
Appears in 5 contracts
Samples: Underwriting Agreement (MONROE CAPITAL Corp), Underwriting Agreement (MONROE CAPITAL Corp), Underwriting Agreement (MONROE CAPITAL Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree agrees with each Underwriter as follows:
Appears in 4 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Stock Purchase Agreement (Ares Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each applicable Date of Delivery (if any) referred to in Section 2(b) hereofDelivery, and agree with each Underwriter the Underwriters as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Prospect Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereofExecution Time, as of the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date of Delivery (if any) referred to in Section 2(b) hereof, and agree with each Underwriter the Underwriter, as follows:
Appears in 3 contracts
Samples: Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (Golub Capital BDC, Inc.), Underwriting Agreement (GOLUB CAPITAL BDC, Inc.)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereofof this Agreement, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofDate, and agree with each Underwriter the Underwriters as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Gladstone Capital Corp), Underwriting Agreement (Gladstone Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c3(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agree with each Underwriter as follows:
Appears in 2 contracts
Samples: Prospect Energy Corp, Prospect Capital Corp
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent hereby represent, warrant and covenant to each Underwriter Underwriter, as of the date hereofof this Agreement, as of the Applicable Time, First Closing Date (as of the Closing Time referred to in Section 2(chereinafter defined) hereof, and as of each Option Closing Date of Delivery (as hereinafter defined), if any) referred to in Section 2(b) hereof, and agree with each Underwriter as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Gladstone Investment Corporation\de), Underwriting Agreement (Gladstone Investment Corporation\de)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each applicable Date of Delivery (if any) referred to in Section 2(b) hereofDelivery, and agree with each Underwriter the Underwriters as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Prospect Capital Corp), Underwriting Agreement (Prospect Capital Corp)
Representations and Warranties of the Adviser and the Administrator. The Each of the Adviser and the Administrator, jointly as applicable, represents and severally, represent warrants to each Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c(as defined below) hereof, and as of each any Date of Delivery (if any) referred to in Section 2(b) hereofas defined below), and agree agrees with each Underwriter Underwriter, as follows:
Appears in 2 contracts
Samples: Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Blackstone Secured Lending Fund)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date Time of Delivery (if any) referred to in Section 2(b) hereofDelivery, and agree with each the Underwriter as follows:
Appears in 1 contract
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c3(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b3(b) hereof, and agree with each the Underwriter as follows:
Appears in 1 contract
Samples: Prospect Energy Corp
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each applicable Date of Delivery (if any) referred to in Section 2(b) hereofDelivery, and agree with each the Underwriter as follows:
Appears in 1 contract
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofTime, and agree with each the Underwriter as follows:
Appears in 1 contract
Representations and Warranties of the Adviser and the Administrator. The Each of the Adviser and the Administrator, jointly as applicable, represents and severally, represent warrants to each Underwriter as of the date hereof, as of the Applicable Time and the Closing Time, as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree agrees with each Underwriter Underwriter, as follows:
Appears in 1 contract
Samples: Underwriting Agreement (Blackstone Secured Lending Fund)
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each Underwriter the Underwriters as of the date hereofof this Agreement, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereofDate, and as of each Date of Delivery (if any) referred to in Section 2(b) hereof, and agree agrees with each Underwriter the Underwriters as follows:
Appears in 1 contract
Representations and Warranties of the Adviser and the Administrator. The Adviser and the Administrator, jointly and severally, represent and warrant to each the Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time referred to in Section 2(c) hereof, and as of each Date of Delivery (if any) referred to in Section 2(b) hereofTime, and agree with each the Underwriter as follows:
Appears in 1 contract
