Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) without including customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party).
Appears in 11 contracts
Sources: Revolving Credit Agreement (BILL Holdings, Inc.), Revolving Credit and Security Agreement (Sezzle Inc.), Revolving Credit and Security Agreement (BILL Holdings, Inc.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) agreement without including customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party), except for any Related Document or any other agreement related to the purchase and sale of any Collateral Obligations which contains customary purchase or sale terms or which is documented using customary loan trading documentation, in each case, if such Related Document or agreement does not contain any provision providing for recourse to the Borrower, including, without limitation, any indemnification obligation.
Appears in 4 contracts
Sources: Credit and Security Agreement (TPG Specialty Lending, Inc.), Revolving Credit and Security Agreement (TPG Specialty Lending, Inc.), Revolving Credit and Security Agreement (WhiteHorse Finance, LLC)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations obligation or liability (direct or contingent) without such agreements including customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party), except for loan agreements, related loan documents, bond indentures and related bond documents, any agreements related to the purchase and sale of any Collateral Loan which contain customary purchase or sale terms or which are documented using customary loan trading documentation.
Appears in 4 contracts
Sources: Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Saratoga Investment Corp.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party).
Appears in 2 contracts
Sources: Amended and Restated Revolving Credit and Security Agreement (Lendbuzz Inc.), Revolving Credit and Security Agreement (Lendbuzz Inc.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) agreement without including customary “"non-petition” " and “"limited recourse” " provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party), except for any Related Document or any other agreement related to the purchase and sale of any Collateral Obligations which contains customary purchase or sale terms or which is documented using customary loan trading documentation, in each case, if such Related Document or agreement does not contain any provision providing for recourse to the Borrower, including, without limitation, any indemnification obligation.
Appears in 2 contracts
Sources: Credit and Security Agreement (WhiteHorse Finance, Inc.), Credit and Security Agreement (WhiteHorse Finance, Inc.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has they have any material obligations or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party).
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Upstart Holdings, Inc.), Revolving Credit and Security Agreement (Upstart Holdings, Inc.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party), except for customary service contracts and engagement letters entered into with Permitted Agents in connection with the Loans and the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Newtek Business Services Corp.), Revolving Credit and Security Agreement (Newtek Business Services Corp.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents under which it has any material obligations or liability (direct or contingent) agreement without including customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party), except for any Related Document or any other agreement related to the purchase and sale of any Collateral Loans which contains customary purchase or sale terms or which is documented using customary loan trading documentation, in each case, if such Related Document or agreement does not contain any provision providing for recourse to the Borrower, including, without limitation, any indemnification obligation.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (NewStar Financial, Inc.)
Non-Petition. The Borrower shall not be party to any agreements other than the Facility Documents agreement under which it has any material obligations obligation or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party)., except for the Underlying Instruments for the Collateral Assets in the Collateral USActive 60058040.860058040.11 -124-
Appears in 1 contract
Sources: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
Non-Petition. The Borrower shall not be party to any agreements (other than the Facility Transaction Documents and customary agreements with accountants) under which it has any material obligations or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party).
Appears in 1 contract
Sources: Loan and Security Agreement (Oportun Financial Corp)
Non-Petition. The Borrower shall not be party to any agreements (other than the Facility Documents Documents) under which it has any material obligations or liability (direct or contingent) without including using commercially reasonable efforts to include customary “non-petition” and “limited recourse” provisions therein (and shall not amend or eliminate such provisions in any agreement to which it is party).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (ACV Auctions Inc.)