Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Date but after taking into account all updates, modifications and supplements to such information) is (when taken as a whole) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge) and does not omit to state a material fact necessary to make the statements contained therein (when taken as a whole) not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.
Appears in 6 contracts
Sources: Amendment No. 6 (HMS Income Fund, Inc.), Amendment No. 5 (HMS Income Fund, Inc.), Amendment No. 3 (HMS Income Fund, Inc.)
Information True and Correct. All information (other than projections, forward-looking information heretofore or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore hereafter furnished by or on behalf of the Borrower Seller in writing to any Lender, the Collateral Agent or the Administrative Agent Purchaser in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Date but after taking into account all updates, modifications is and supplements to such information) is will be (when taken as a whole) ), as of the date such information is furnished, true and correct in all material respects (or or, if not prepared by or under the direction of the BorrowerSeller, is true and correct in all material respects to the Borrower’s knowledgeknowledge of the Seller (after reasonable inquiry)) and does not and will not omit to state a material fact necessary to make the statements contained therein (when taken as a whole) not misleading (or, if not prepared by or under the direction of the BorrowerSeller, does not omit to state such a fact to the Borrower’s knowledgeknowledge of the Seller (after reasonable inquiry)). Any projections heretofore prepared by The Seller (i) will not furnish (and has not furnished) any such information to the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Agent Purchaser in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer it knows (or its Affiliates, as applicable, believes knew) (after reasonable inquiry) to be reasonableincorrect at the time such information is (or was) furnished in any material respect and (ii) has informed (or will inform) the Purchaser and the Facility Agent of any such information which it found after such information was furnished to be incorrect in any material respect when furnished.
Appears in 3 contracts
Sources: Sale and Contribution Agreement (Owl Rock Capital Corp III), Sale and Contribution Agreement (Owl Rock Core Income Corp.), Sale and Contribution Agreement (Owl Rock Capital Corp)
Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Closing Date but after taking into account all updates, modifications and supplements to such information) is (when taken as a whole) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge) and does not omit to state a material fact necessary to make the statements contained therein (when taken as a whole) not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.
Appears in 3 contracts
Sources: Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.), Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC), Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC)
Information True and Correct. All information (other than projections, forward-looking information, general economic data, industry information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicerparties) heretofore furnished by or on behalf of the Borrower in writing Seller to the Purchaser or any Lender, the Collateral Agent or the Administrative Agent assignee thereof in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Date but after taking into account all updates, modifications and supplements to such information) is (when taken as a whole) true and correct (or, in all material respects (the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge) and does not omit to state a material fact necessary to make the statements contained therein therein, in light of the circumstances under which they were made, (when taken as a wholewhole and after giving effect to any updates thereto) not misleading (or, in the case of general economic data, industry information or information relating to third parties, or if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge). Any projections heretofore prepared by the Borrower ; provided that, solely with respect to written or its Affiliates and electronic information furnished by or on behalf of the Borrower in writing Seller which was provided to the Seller from an Obligor with respect to a Loan, such information need only be true, correct and complete to the knowledge of the Seller; provided, further, that the foregoing proviso shall not apply to any Lender, the information covered by a Collateral Agent Manager report or the Administrative Agent certification or presented in connection with this Agreement a Funding Notice or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonableBorrowing Base Certificate.
Appears in 2 contracts
Sources: Loan Sale Agreement (Oaktree Specialty Lending Corp), Loan Sale Agreement (Fifth Street Senior Floating Rate Corp.)
Information True and Correct. All information (other than projections, forward-looking information or information relating to third parties that are not Affiliates of the Borrower, the Equityholder or the Servicer) heretofore furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby (including, without limitation, prior to the Effective Date but after taking into account all updates, modifications and supplements to such information) is (when taken as a whole) true and correct in all material respects (or if not prepared by or under the direction of the Borrower, is true and correct in all material respects to the Borrower’s knowledge) and does not omit to state a material fact necessary to make the statements contained therein (when taken as a whole) not misleading (or, if not prepared by or under the direction of the Borrower, does not omit to state such a fact to the Borrower’s knowledge). Any projections heretofore prepared by the Borrower or its Affiliates and furnished by or on behalf of the Borrower in writing to any Lender, the Collateral Agent or the Administrative Facility Agent in connection with this Agreement or any transaction contemplated hereby have been prepared in good faith based on assumptions that the Servicer or its Affiliates, as applicable, believes to be reasonable.
Appears in 1 contract
Sources: Loan Financing and Servicing Agreement (Capital Southwest Corp)