Eligible Policies. As of the Closing Date, (i) each Policy that was a Pledged Policy as of the Closing Date was an Eligible Policy and no Policy that was a Pledged Policy as of the Closing Date was subject to any Applicable Law that made unlawful the sale, transfer or assignment of such Pledged Policy and (ii) with respect to each Policy that was a Pledged Policy as of the Closing Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement. As of the date of the Borrowing Request relating to the Second Initial Advance and the date of the Second Initial Advance, (i) each Policy that became a Pledged Policy on the relevant Advance Date was an Eligible Policy and was not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Policy and (ii) with respect to each Policy that became a Pledged Policy on the relevant Advance Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constituted and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement. As of the date of the Borrowing Request relating to the Second A&R Advance and as of the Second A&R Closing Date, (i) each Additional Policy that became a Pledged Policy on the Second A&R Closing Date was an Eligible Policy and was not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that became a Pledged Policy on the Second A&R Closing Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constituted and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Schedule 8.1(o) that became Pledged Policies on the Second A&R Closing Date constituted all of the Policies owned by the Parent or any of its Affiliates (other than the Borrower) that were held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of the Borrowing Request relating to the Third A&R Advance and as of the Third A&R Closing Date, (i) each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date is an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Third A&R Policy Schedule constitute all of the Policies owned by the Third A&R Transferor or any of its Affiliates (other than the Borrower) that are held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of any Borrowing Request relating to an Additional Policy Advance (other than the Second A&R Advance or Third A&R Advance) and the date of such Additional Policy Advance, (i) each Additional Policy that will become a Pledged Policy on the relevant Advance Date is or will be an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy and (ii) with respect to each Additional Policy that will become a Pledged Policy on the relevant Advance Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement.
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Eligible Policies. As of the Closing Date, (i) each Policy that was a Pledged Policy as of the Closing Date was an Eligible Eligible Policy and no Policy that was a Pledged Policy as of the Closing Date was subject to any Applicable Applicable Law that made unlawful the sale, transfer or assignment of such Pledged Policy and (ii(ii) with respect to each Policy that was a Pledged Policy as of the Closing Date, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constitute and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second Initial Initial Advance and the date of the Second Initial Advance, (i) each Policy that became a Pledged Pledged Policy on the relevant Advance Date was an Eligible Policy and was not subject to any Applicable Applicable Law that makes unlawful the sale, transfer or assignment of such Policy and (ii) with respect respect to each Policy that became a Pledged Policy on the relevant Advance Date, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constituted and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second A&R Amended and Restated Closing Date Advance and as of the Second A&R Amended and Restated Closing Date, (i) each Additional Policy that became a will become a Pledged Policy on the Second A&R Amended and Restated Closing Date was is an Eligible Policy and was is not subject to any any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional PolicyPolicy, (ii) with respect to each Additional Policy that became will become a Pledged Policy on the Second A&R Amended and Restated Closing Date, the Borrower was is not aware of any agreements, documents, assignments or instruments instruments related to such Policy except for those documents, assignments, and instruments that constituted constitute and were included in the related Collateral Package that was delivered to the Administrative Administrative Agent and such Collateral Package containedcontains, at the very least, the documents set forth forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on on Schedule 8.1(o) that became will become Pledged Policies on the Second A&R Amended and Restated Closing Date constituted all constitute all of the Policies owned by the Parent or any of its Affiliates (other than the Borrower) that were held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of the Borrowing Request relating to the Third A&R Advance and as of the Third A&R Closing Date, (i) each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date is an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Third A&R Policy Schedule constitute all of the Policies owned by the Third A&R Transferor or any of its Affiliates (other than the Borrower) that are held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agentintermediary. As of the date of any Borrowing Request relating to an an Additional Policy Advance and the date of such Additional Policy Advance (other than the Second A&R Advance or Third A&R Amended and Restated Closing Date Advance) and the date of such Additional Policy Advance), (i) each Additional Policy that will become a Pledged Pledged Policy on the relevant Advance Date is or will be an Eligible Policy and is not subject to any any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy Policy and (ii) with respect to each Additional Policy that will become a Pledged Policy on the relevant relevant Advance Date, the Borrower is not aware of any agreements, documents, assignments or instruments instruments related to such Policy except for those documents, assignments, and instruments that constitute constitute and were included in the related Collateral Package that was delivered to the Administrative Administrative Agent and such Collateral Package contains, at the very least, the documents set forth forth in Exhibit M to the Account Control Agreement.Agreement.
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Eligible Policies. As of the Closing Date, (i) each Policy that was a Pledged Policy as of the Closing Date was is an Eligible Eligible Policy and no Policy that was a Pledged Policy as of the Closing Date was is subject to any Applicable Applicable Law that made makes unlawful the sale, transfer or assignment of such Pledged Policy and (ii(ii) with respect to each Policy that was a Pledged Policy as of the Closing DatePolicy, the Borrower was is not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constitute and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package containedcontains, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second Initial Initial Advance and the date of the Second Initial Advance, (i) each Policy that became will become a Pledged Pledged Policy on the relevant Advance Date was is or will be an Eligible Policy and was is not subject to any Applicable Applicable Law that makes unlawful the sale, transfer or assignment of such Policy and (ii) with respect respect to each Policy that became will become a Pledged Policy on the relevant Advance Date, the Borrower was is not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constituted constitute and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package containedcontains, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second A&R Advance and as of the Second A&R Closing Date, (i) each Additional Policy that became a Pledged Policy on the Second A&R Closing Date was an Eligible Policy and was not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that became a Pledged Policy on the Second A&R Closing Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constituted and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Schedule 8.1(o) that became Pledged Policies on the Second A&R Closing Date constituted all of the Policies owned by the Parent or any of its Affiliates (other than the Borrower) that were held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of the Borrowing Request relating to the Third A&R Advance and as of the Third A&R Closing Date, (i) each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date is an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Third A&R Policy Schedule constitute all of the Policies owned by the Third A&R Transferor or any of its Affiliates (other than the Borrower) that are held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of any Borrowing Request relating to an an Additional Policy Advance (other than the Second A&R Advance or Third A&R Advance) and and the date of such Additional Policy Advance, (i) each Additional Policy that will become a Pledged Pledged Policy on the relevant Advance Date is or will be an Eligible Policy and is not subject to any any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy Policy and (ii) with respect to each Additional Policy that will become a Pledged Policy on the relevant relevant Advance Date, the Borrower is not aware of any agreements, documents, assignments or instruments instruments related to such Policy except for those documents, assignments, and instruments that constitute constitute and were included in the related Collateral Package that was delivered to the Administrative Administrative Agent and such Collateral Package contains, at the very least, the documents set forth forth in Exhibit M to the Account Control Agreement.Agreement.
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Eligible Policies. As of the Closing Date, (i) each Policy that was a Pledged Policy as of the Closing Date was an Eligible Eligible Policy and no Policy that was a Pledged Policy as of the Closing Date was subject to any Applicable Applicable Law that made unlawful the sale, transfer or assignment of such Pledged Policy and (ii(ii) with respect to each Policy that was a Pledged Policy as of the Closing DatePolicy, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constitute and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second Initial Initial Advance and the date of the Second Initial Advance, (i) each Policy that became a Pledged Pledged Policy on the relevant Advance Date was an Eligible Policy and was not subject to any Applicable Applicable Law that makes unlawful the sale, transfer or assignment of such Policy and (ii) with respect respect to each Policy that became a Pledged Policy on the relevant Advance Date, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constituted and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second A&R Advance and as of the Second A&R Closing Date, (i) each Additional Policy that became a Pledged Policy on the Second A&R Closing Date was an Eligible Policy and was not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that became a Pledged Policy on the Second A&R Closing Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constituted and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Schedule 8.1(o) that became Pledged Policies on the Second A&R Closing Date constituted all of the Policies owned by the Parent or any of its Affiliates (other than the Borrower) that were held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of the Borrowing Request relating to the Third A&R Advance and as of the Third A&R Closing Date, (i) each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date is an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Third A&R Policy Schedule constitute all of the Policies owned by the Third A&R Transferor or any of its Affiliates (other than the Borrower) that are held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of any Borrowing Request relating to an an Additional Policy Advance (other than the Second A&R Advance or Third A&R Advance) and and the date of such Additional Policy Advance, (i) each Additional Policy that will become a Pledged Pledged Policy on the relevant Advance Date is or will be an Eligible Policy and is not subject to any any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy Policy and (ii) with respect to each Additional Policy that will become a Pledged Policy on the relevant relevant Advance Date, the Borrower is not aware of any agreements, documents, assignments or instruments instruments related to such Policy except for those documents, assignments, and instruments that constitute constitute and were included in the related Collateral Package that was delivered to the Administrative Administrative Agent and such Collateral Package contains, at the very least, the documents set forth forth in Exhibit M to the Account Control Agreement.Agreement. GWG DLP Funding IV, LLC Amended and Restated Loan and Security AgreementPage 39 of 68
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Eligible Policies. As of the Closing Date, (i) each Policy that was a Pledged Policy as of the Closing Date was an Eligible Eligible Policy and no Policy that was a Pledged Policy as of the Closing Date was subject to any Applicable Applicable Law that made unlawful the sale, transfer or assignment of such Pledged Policy and (ii(ii) with respect to each Policy that was a Pledged Policy as of the Closing Date, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constitute and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second Initial Initial Advance and the date of the Second 96324738v.8 Initial Advance, (i) each Policy that became a Pledged Pledged Policy on the relevant Advance Date was an Eligible Policy and was not subject to any Applicable Applicable Law that makes unlawful the sale, transfer or assignment of such Policy and (ii) with respect respect to each Policy that became a Pledged Policy on the relevant Advance Date, the Borrower was was not aware of any agreements, documents, assignments or instruments related to such Policy except except for those documents, assignments, and instruments that constituted and were included in the the related Collateral Package that was delivered to the Administrative Agent and such Collateral Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Account Control Agreement. As of the date of the Borrowing Request relating to the Second A&R Advance and as of the Second A&R Closing Date, (i) each Additional Policy that became a Pledged Policy on the Second A&R Closing Date was an Eligible Policy and was not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that became a Pledged Policy on the Second A&R Closing Date, the Borrower was not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constituted and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contained, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Schedule 8.1(o) that became Pledged Policies on the Second A&R Closing Date constituted all of the Policies owned by the Parent or any of its Affiliates (other than the Borrower) that were held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of the Borrowing Request relating to the Third A&R Advance and as of the Third A&R Closing Date, (i) each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date is an Eligible Policy and is not subject to any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy, (ii) with respect to each Additional Policy that will become a Pledged Policy on the Third A&R Closing Date, the Borrower is not aware of any agreements, documents, assignments or instruments related to such Policy except for those documents, assignments, and instruments that constitute and were included in the related Collateral Package that was delivered to the Administrative Agent and such Collateral Package contains, at the very least, the documents set forth in Exhibit M to the Account Control Agreement and (iii) the Additional Policies set forth on Third A&R Policy Schedule constitute all of the Policies owned by the Third A&R Transferor or any of its Affiliates (other than the Borrower) that are held by ▇▇▇▇▇ Fargo as securities intermediary and which have not previously been pledged by the Borrower to the Administrative Agent. As of the date of any Borrowing Request relating to an an Additional Policy Advance (other than the Second A&R Advance or Third A&R Advance) and and the date of such Additional Policy Advance, (i) each Additional Policy that will become a Pledged Pledged Policy on the relevant Advance Date is or will be an Eligible Policy and is not subject to any any Applicable Law that makes unlawful the sale, transfer or assignment of such Additional Policy Policy and (ii) with respect to each Additional Policy that will become a Pledged Policy on the relevant relevant Advance Date, the Borrower is not aware of any agreements, documents, assignments or instruments instruments related to such Policy except for those documents, assignments, and instruments that constitute constitute and were included in the related Collateral Package that was delivered to the Administrative Administrative Agent and such Collateral Package contains, at the very least, the documents set forth forth in Exhibit M to the Account Control Agreement.Agreement.
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