Common use of Value Given Clause in Contracts

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 40 contracts

Sources: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 31 contracts

Sources: Amendment No. 9 (Gladstone Capital Corp), Credit Agreement (Gladstone Investment Corporation\de), Credit Agreement (Gladstone Investment Corporation\de)

Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 12 contracts

Sources: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution AgreementPurchase Agreement (or such Transferred Loans were validly and irrevocably contributed the Borrower’s capital), no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 10 contracts

Sources: Loan and Servicing Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in In consideration for the transfer to the Borrower and the Borrower Loan Trustee for the benefit of the Loans Borrower of the Receivables and Related Security the related Collateral under the Contribution Purchase Agreement, the Borrower shall have paid the Originators an amount equal to the fair market value of the Receivables, and no such transfer shall have been made for or on account of an antecedent debt owed by the any Originator to the Borrower, Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 3 contracts

Sources: Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (CURO Group Holdings Corp.)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under as contemplated by the Contribution Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.

Appears in 3 contracts

Sources: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security Collateral under the Contribution Sale Agreement, no such transfer shall have has been made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security applicable Collateral Debt Obligations under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 2 contracts

Sources: Credit Agreement (GSC Investment Corp.), Credit Agreement (GSC Investment Corp.)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security Assets under the Contribution Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 2 contracts

Sources: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Agreement, no such transfer shall have been made for or on 60 account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 1 contract

Sources: Loan and Security Agreement (Credit Acceptance Corp)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans Receivables and Related Security under as contemplated by the Contribution Sale Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sparta Commercial Services, Inc.)

Value Given. The Borrower Originator shall have given received reasonably equivalent value to the Originator in consideration for the transfer to the Borrower Seller of the Mortgage Loans and Related Security under the Master Mortgage Loan Sale and Contribution Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeCode or similar law.

Appears in 1 contract

Sources: Securities Purchase Agreement (ECC Capital CORP)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans Receivables and Related Security the related Collateral under the Contribution Purchase Agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrower, Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 1 contract

Sources: Loan and Security Agreement (DT Acceptance Corp)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator or the applicable third party seller of Loans and Related Security in consideration for the transfer to the Borrower of the Loans and Related Security under as contemplated by the Contribution Agreementapplicable sale agreement, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance as to the Borrower under any section of the Bankruptcy Code.

Appears in 1 contract

Sources: Omnibus Amendment (Deerfield Capital Corp.)

Value Given. The Borrower shall have given gave reasonably equivalent value to the ----------- Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution Purchase Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable avoidable or subject to avoidance under any section of the Bankruptcy Codeany Insolvency Law.

Appears in 1 contract

Sources: Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)

Value Given. The Borrower shall have has given reasonably equivalent value to the Originator in consideration for the transfer by the Originator to the Borrower of the Loans Contracts and Related Security the related Collateral transferred to the Borrower under the Contribution Purchase Agreement, no such transfer shall have has been made for or on account of an antecedent debt owed by the Originator to the Borrower, Borrower and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 1 contract

Sources: Loan and Security Agreement (DT Acceptance Corp)

Value Given. The Borrower shall have given gave reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Transferred Loans and Related Security under the Contribution Master Transfer Agreement, no such transfer shall have been was made for or on account of an antecedent debt owed by the Originator to the Borrower, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy CodeInsolvency Law.

Appears in 1 contract

Sources: Credit Agreement (Brightwood Capital Corp I)

Value Given. The Borrower shall have given reasonably equivalent value to the Originator in consideration for the transfer to the Borrower of the Loans and Related Security under the Contribution AgreementCollateral, no such transfer shall have been made for or on account of an antecedent debt owed by the Originator to the Borrowerdebt, and no such transfer is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

Appears in 1 contract

Sources: Loan and Servicing Agreement (NewStar Financial, Inc.)