Authorization; Contravention. The execution, delivery and performance by the Transferor of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the Transferor, (ii) do not contravene or cause the Transferor to be in default under (A) its formation documents or its organizational documents, (B) any contractual restriction with respect to any indebtedness of the Transferor or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Law, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien upon or with respect to any of its properties (other than liens created pursuant to this Agreement).
Appears in 4 contracts
Sources: Contribution Agreement (Ares Strategic Income Fund), Contribution Agreement (Ares Capital Corp), Contribution Agreement (Ares Strategic Income Fund)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its certificate of formation documents or its organizational documentslimited partnership agreement, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 3 contracts
Sources: Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (FS Investment Corp II), Sale and Contribution Agreement (TCP Capital Corp.)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Loan Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its certificate of formation documents or its organizational documentslimited partnership agreement, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 2 contracts
Sources: Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (FS Investment Corp II)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its formation documents or its organizational documentscertificate of formation, (B) any contractual restriction with respect to any indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 2 contracts
Sources: Sale and Contribution Agreement (FS Investment Corp III), Sale and Contribution Agreement (FS Investment Corp II)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its certificate of formation documents or its organizational documentslimited partnershipliability company agreement, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 2 contracts
Sources: Second Omnibus Amendment to Transaction Documents (Blackstone Private Credit Fund), Omnibus Amendment to Transaction Documents (Blackstone Private Credit Fund)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be are delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary corporate action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its formation documents certificate of incorporation or its organizational documentslimited liability company agreement, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other material agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this AgreementAgreement or any other Transaction Document).
Appears in 2 contracts
Sources: Sale and Contribution Agreement (Oaktree Specialty Lending Corp), Sale and Contribution Agreement (Oaktree Strategic Income Corp)
Authorization; Contravention. The execution, delivery and performance by the Transferor Purchaser of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary limited liability company action on the part of the TransferorPurchaser, (ii) do not contravene or cause the Transferor Purchaser to be in default in any respect under (A) its formation documents or its organizational documentsConstituent Documents, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Purchaser or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Permitted Liens and Liens created pursuant to this Agreementthe Loan Agreement or any other Transaction Document).
Appears in 1 contract
Sources: Sale and Contribution Agreement (New Mountain Finance Corp)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its formation documents or its organizational documentscertificate of trust, (B) any contractual restriction with respect to any indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Sale and Contribution Agreement (FS Energy & Power Fund)
Authorization; Contravention. The execution, delivery and performance by the Transferor of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the Transferor, (ii) do not contravene or cause the Transferor to be in default under (A) its formation documents certificate of trust or its organizational documentsgoverning document, (B) any contractual restriction with respect to any indebtedness of the Transferor or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, property or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Contribution Agreement (Onex Direct Lending BDC Fund)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its certificate of formation documents or its organizational documentslimited partnership agreement, (B) any contractual restriction with respect to any indebtedness Debt of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Sale and Contribution Agreement (FS Investment Corp II)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary corporate action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any respect under (A) its formation documents or its organizational documentsConstituent Documents, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Permitted Liens and Liens created pursuant to this AgreementAgreement or any other Transaction Document).
Appears in 1 contract
Sources: Sale and Contribution Agreement (New Mountain Finance Corp)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its formation documents or its organizational documentscertificate of incorporation, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawapplicable law, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Sale and Contribution Agreement (Owl Rock Capital Corp III)
Authorization; Contravention. The execution, delivery and performance by the Transferor of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the Transferor, (ii) do not contravene or cause the Transferor to be in default under (A) its formation documents or its organizational documents, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Law, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Contribution Agreement (Ares Strategic Income Fund)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any respect under (A) its formation documents or its organizational documentsConstituent Documents, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Permitted Liens and Liens created pursuant to this AgreementAgreement or any other Transaction Document).
Appears in 1 contract
Sources: Sale and Contribution Agreement (Vista Credit Strategic Lending Corp.)
Authorization; Contravention. The execution, delivery and performance by the Transferor Seller of this Agreement, each other Transaction Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the TransferorSeller, (ii) do not contravene or cause the Transferor Seller to be in default in any material respect under (A) its formation documents certificate of trust or its other organizational documents, (B) any contractual restriction with respect to any indebtedness Debt of the Transferor Seller or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Lawlaw, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Sale and Contribution Agreement (FS Global Credit Opportunities Fund-A)
Authorization; Contravention. The execution, delivery and performance by the Transferor of this Agreement, each other Transaction Loan Document to which it is a party and all other agreements, instruments and documents which may be delivered by it pursuant hereto or thereto and the transactions contemplated hereby and thereby (i) have been duly authorized by all necessary action on the part of the Transferor, (ii) do not contravene or cause the Transferor to be in default under (A) its formation documents or its organizational documents, (B) any contractual restriction with respect to any indebtedness Indebtedness of the Transferor or contained in any indenture, loan or credit agreement, lease, mortgage, security agreement, bond, note or other agreement or instrument binding on or affecting it or its property, or (C) in any material respect, any Applicable Law, rule, regulation, order, license, requirement, writ, judgment, award, injunction or decree applicable to, binding on or affecting it or any of its property and (iii) do not result in or require the creation of any lien Lien upon or with respect to any of its properties (other than liens Liens created pursuant to this Agreement).
Appears in 1 contract
Sources: Contribution Agreement (Ares Strategic Income Fund)