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 38 contracts

Sources: Loan and Servicing Agreement (AMG Comvest Senior Lending Fund), Loan and Servicing Agreement (Brightwood Capital Corp I), Loan and Servicing Agreement (Onex Direct Lending BDC 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 a specific date is specified below):made:

Appears in 27 contracts

Sources: Loan and Security Agreement (CION Investment Corp), Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan, Security and Collateral Management Agreement (Investcorp Credit Management 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 21 contracts

Sources: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (HPS Corporate Lending 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 16 contracts

Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing Effective 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 10 contracts

Sources: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan and Security Agreement (KKR FS Income Trust), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

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 8 contracts

Sources: 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

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

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

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

Sources: 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 4 contracts

Sources: Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (AGTB Private BDC)

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants, warrants as follows as of the Closing 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):

Appears in 4 contracts

Sources: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income 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

Sources: 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

Sources: 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, 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 2 contracts

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

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 2 contracts

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

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

Sources: 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

Sources: Omnibus Amendment (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)

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 2 contracts

Sources: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Representations and Warranties of the Borrower. Relating to this Agreement and the Collateral. The Borrower hereby represents and warrants, as of the Closing Date, as of each applicable Cut-Off Date (solely with respect to the relevant Loan Assets being pledged as of such 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):made:

Appears in 1 contract

Sources: Loan and Servicing Agreement (Diameter Credit Co)

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

Sources: 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

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

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

Sources: Revolving 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

Sources: Loan and Servicing Agreement (Golub 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 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

Sources: Loan and Security Agreement (FS Investment 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), and provided that any specific representations as to any Loan Assets are made only as of the related Cut-Off Date on or immediately preceding the relevant Measurement Date):

Appears in 1 contract

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

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

Sources: Note Purchase Agreement (Ares Capital Corp)