Common use of Collateral Maintenance, Repayment of Financing Clause in Contracts

Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms of the outstanding Contracts (“Deliverable Collateral”) as follows: if the relevant demand is made on or before 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on that Business Day; if the relevant demand is made after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following Business Day. Immediately upon written or oral demand by BNPP PB, Inc., Customer shall pay to BNPP PB, Inc. in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account.

Appears in 5 contracts

Samples: Account Agreement (FS Energy Total Return Fund), Account Agreement (FS Investment Corp III), Account Agreement (FS Energy & Power Fund)

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Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) or oral demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms light of the outstanding Contracts (“Deliverable Collateral”); by (i) as follows: 5:00 p.m. New York time on the same Business Day, if the relevant demand notice of a margin requirement is made sent to Customer on or before 11:00 a.m. New York time on any a Business Day, Customer shall meet such demand by or (ii) 5:00 p.m. New York time on the close of business on that immediately succeeding Business Day; , if the relevant demand such notice is made sent to Customer after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following a Business Day. Immediately upon written or oral demand by BNPP PBNY, Inc.subject to the provisions of the Committed Facility Agreement, Customer shall pay to BNPP PB, Inc. NY in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account.

Appears in 2 contracts

Samples: Lending Agreement (Highland Funds Ii), Lending Agreement (Highland Global Allocation Fund)

Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms of the outstanding Contracts (“Deliverable Collateral”) as follows: if the relevant demand is made on or before 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on that Business Day; if the relevant demand is made after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following Business Day. Immediately upon written or oral demand by BNPP PB, Inc., Customer shall pay to BNPP PB, Inc. PB in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account.

Appears in 1 contract

Samples: Account Agreement (FS Investment Corp IV)

Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) or oral demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms light of the outstanding Contracts (“Deliverable Collateral”); by (i) as follows: 5:00 p.m. New York time on the same Business Day, if the relevant demand notice of a margin requirement is made sent to Customer on or before 11:00 a.m. New York time on any a Business Day, Customer shall meet such demand by or (ii) 5:00 p.m. New York time on the close of business on that immediately succeeding Business Day; , if the relevant demand such notice is made sent to Customer after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following a Business Day. Immediately upon written or oral demand by BNPP PB, Inc.subject to the provisions of the Committed Facility Agreement, Customer shall pay to BNPP PB, Inc. PB in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account.

Appears in 1 contract

Samples: Account Agreement (NexPoint Capital, Inc.)

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Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms of the outstanding Contracts (“Deliverable Collateral”) as follows: if the relevant demand is made on or before 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on that Business Day; if the relevant demand is made after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following Business Day. Immediately upon Upon written or oral demand by BNPP PB, Inc., Customer shall pay to BNPP PB, Inc. in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any AccountAccount as follows: if the relevant demand is made on or before 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on that Business Day; if the relevant demand is made after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on the following Business Day.

Appears in 1 contract

Samples: Pb Agreement (FS Credit Income Fund)

Collateral Maintenance, Repayment of Financing. The provisions of this Subsection shall apply except to the extent any such provisions contravene the Committed Facility Agreement (as defined herein) and such Committed Facility Agreement has not been terminated or the commitment therein has not expired, and, in the event of such contravention or conflict, the provisions of the Committed Facility Agreement shall control. Customer will at all times maintain in, and upon written (including, without limitation, via electronic mail) demand furnish to, the Accounts, or otherwise provide to the BNPP Entities in a manner satisfactory to the BNPP Entities, assets of the types and in the amounts required by the BNPP Entities in accordance with the terms light of the outstanding Contracts (“Deliverable Collateral”) as follows: if the relevant demand is made on or before 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on that the same Business Day; if the relevant demand is made after 11:00 a.m. New York time on any Business Day, Customer shall meet such demand by the close of business on or prior to 12:00 p.m. on the following Business Day. Immediately upon written or oral (including, without limitation, via electronic mail) demand by BNPP PB, Inc.PBL, Customer shall pay to BNPP PB, Inc. PBL in immediately available U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account.

Appears in 1 contract

Samples: Pb Agreement (Pathway Energy Infrastructure Fund, Inc.)

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