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; provided that, it shall not be a breach of this Agreement if (i) the failure to pay or post is caused by an error or omission of an administrative or operational nature, (ii) funds were available for Customer to pay or post, as applicable, when due, (iii) Customer has provided written proof reasonably satisfactory to BNPP PB of (i) and (ii), and (iv) such posting is made by within one (1) Business Day after such payment or posting was originally due. Upon written demand by BNPP PB, Customer shall pay to BNPP 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 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 2 contracts

Samples: Pb Agreement (Fiduciary/Claymore Energy Infrastructure Fund), Account Agreement (Guggenheim Strategic Opportunities 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) 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; provided that, it shall not be a breach of this Agreement if (i) the failure to pay or post is caused by an error or omission of an administrative or operational nature, (ii) funds were available for Customer to pay or post, as applicable, when due, (iii) Customer has provided written proof reasonably satisfactory to BNPP PB of (i) and (ii), and (iv) such posting is made by within one (1) Business Day after such payment or posting was originally due. Upon written demand by BNPP PB, Customer shall pay to BNPP 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 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: Account Agreement (FS Multi-Alternative Income 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) 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; provided that, it shall not be a breach of this Agreement if (i) the failure to pay or post is caused by an error or omission of an administrative or operational nature, (ii) funds were available for Customer to pay or post, as applicable, when due, (iii) Customer has provided written proof reasonably satisfactory to BNPP PB of (i) and (ii), and (iv) such posting is made by within one (1) Business Day after such payment or posting was originally due. Upon written demand by BNPP PB, Customer shall pay to BNPP PB in immediately available available, U.S. funds any principal balance of, accrued unpaid interest on, and any other Obligation owing in respect of, any Account as follows: if the relevant demand is made on or before 11:00 a.m. 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: Account Agreement (Guggenheim Credit Allocation Fund)

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