Common use of Separate Entity Clause in Contracts

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 30 contracts

Samples: Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Capital Corp)

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Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any other Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent Agents and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 5 contracts

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

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Equityholder (other than for tax purposes), and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator Equityholder, and from each such other Affiliate of the OriginatorEquityholder (other than for tax purposes).

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (TCG BDC II, Inc.)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originatorits Affiliates.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent Agents and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 3 contracts

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

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Equityholder, and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator Equityholder, and from each such other Affiliate of the OriginatorEquityholder.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Equityholder (other than for tax purposes), and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator Equityholder, and from each such other Affiliate of the OriginatorEquityholder (other than for tax purposes).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Holdings (other than for tax purposes), and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator Holdings, and from each such other Affiliate of the OriginatorHoldings (other than for tax purposes).

Appears in 1 contract

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

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Transferor and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator Transferor and from each such other Affiliate of the OriginatorTransferor.

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment CORP)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.. 77

Appears in 1 contract

Samples: Credit Agreement (Gladstone Investment Corporation\de)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Deal Agent and the Lenders Investors are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

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Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Equityholder (other than for tax purposes), and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator Equityholder, and from each such other Affiliate of the Originator.Equityholder (other than for tax purposes). (k)

Appears in 1 contract

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator Equityholder, and any Affiliates thereof (other than the Borrower)thereof, and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator Equityholder, and from each such other Affiliate of the OriginatorEquityholder.

Appears in 1 contract

Samples: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)

Separate Entity. The Borrower is operated as an entity with assets and --------------- liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent and the Lenders Secured Parties are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Deal Agent and the Lenders Secured Parties are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 1 contract

Samples: Credit Agreement (Fidelity Leasing Inc)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator (other than for tax purposes) and from each such other Affiliate of the Originator.. The Borrower has not and shall not:

Appears in 1 contract

Samples: Credit Agreement (Brightwood Capital Corp I)

Separate Entity. The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Deal Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s 's identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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