Common use of Set-Off, etc Clause in Contracts

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Date, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Documents.

Appears in 5 contracts

Samples: Sale and Contribution Agreement (HPS Corporate Lending Fund), Sale and Contribution Agreement (HPS Corporate Lending Fund), Sale and Contribution Agreement (FS Investment Corp III)

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Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, thereof other than to the extent provided in the information and underlying instruments for such Loan Asset provided to the Purchaser and the Administrative Agent regarding such Transferred Asset and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Loan Documents.

Appears in 3 contracts

Samples: Sale and Contribution Agreement (Blue Owl Technology Income Corp.), Sale and Contribution Agreement (Owl Rock Technology Finance Corp. II), Sale and Contribution Agreement (Owl Rock Technology Finance Corp.)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Documents.

Appears in 3 contracts

Samples: Sale and Contribution Agreement (FS Global Credit Opportunities Fund-A), Sale and Contribution Agreement (FS Investment Corp II), Sale and Contribution Agreement (FS Investment Corp II)

Set-Off, etc. At As of the time of Conveyance of Purchase Date for a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase DateAsset, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset Assets or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, except for amendments, extensions extension and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Facility Documents.

Appears in 2 contracts

Samples: Sale, Contribution and Master Participation Agreement (Oxford Square Capital Corp.), Sale, Contribution and Master Participation Agreement (Oxford Square Capital Corp.)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge As of the Seller after reasonable inquiry as of the applicable related Purchase DateDate with respect to any Transferred Asset, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time no such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction DocumentsDocuments and in accordance with the Servicing Standard.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Golub Capital Direct Lending Corp), Sale and Contribution Agreement (Golub Capital BDC 3, Inc.)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Loan Documents.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (FS Investment Corp II)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Intermediate Seller after reasonable inquiry as of the applicable Purchase Date, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Intermediate Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Intermediate Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (HPS Corporate Lending Fund), Sale and Contribution Agreement (HPS Corporate Lending Fund)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller Transferor after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller Transferor or by the Obligor thereof, thereof and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller Transferor or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset as otherwise expressly permitted under the Transaction Loan Documents.

Appears in 1 contract

Samples: Contribution Agreement (Ares Strategic Income Fund)

Set-Off, etc. At the time of Conveyance conveyance of a Transferred Asset and to the knowledge of the Seller Transferor after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set-off or modified by the Seller Transferor or by the Obligor obligor of such Transferred Asset thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set-off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller Transferor or by the Obligor obligor of such Transferred Asset with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Documents.

Appears in 1 contract

Samples: Master Sale and Participation Agreement (Owl Rock Core Income Corp.)

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Set-Off, etc. At the time of Conveyance conveyance of a Transferred Asset and to the knowledge of the Seller Transferor after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set-off or modified by the Seller Transferor or by the Obligor obligor of such Transferred Asset thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set-off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller Transferor or by the Obligor obligor of such Transferred Asset with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Loan Documents.

Appears in 1 contract

Samples: Master Sale and Participation Agreement (Owl Rock Core Income Corp.)

Set-Off, etc. At As of the time of Conveyance of related Purchase Date for a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase DateAsset, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset Assets or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, except for amendments, extensions extension and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Facility Documents.

Appears in 1 contract

Samples: Contribution and Master Participation Agreement (TICC Capital Corp.)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Conveyance Date, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction DocumentsDocuments or which are contained in the Loan Asset File.

Appears in 1 contract

Samples: Sale and Participation Agreement (Oaktree Strategic Credit Fund)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller Transferor after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set–off or modified by the Seller Transferor or by the Obligor thereof, thereof and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set–off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller Transferor or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset as otherwise expressly permitted under the Transaction Documents.

Appears in 1 contract

Samples: Contribution Agreement (Ares Strategic Income Fund)

Set-Off, etc. At the time of Conveyance of a Transferred Asset and to the knowledge of the Seller after reasonable inquiry as of the applicable Purchase Dateinquiry, such Transferred Asset has not been compromised, adjusted, extended, satisfied, subordinated, rescinded, set-off or modified by the Seller or by the Obligor thereof, and at such time such Transferred Asset is not subject to compromise, adjustment, extension, satisfaction, subordination, rescission, set-off, counterclaim, defense, abatement, suspension, deferment, deduction, reduction, termination or modification, whether arising out of transactions concerning such Transferred Asset or otherwise, by the Seller or by the Obligor with respect thereto, except, in each case, for amendments, extensions and modifications, if any, to such Transferred Asset otherwise permitted under the Transaction Documents.

Appears in 1 contract

Samples: Sale and Contribution Agreement (FS Investment Corp III)

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