Common use of Currency Commitment Provisions Clause in Contracts

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. (ii) On each FX Evaluation Date, the Servicer shall calculate each Borrowing Base and deliver such calculations to the Facility Agent, the Collateral Agent and each Agent, together with the Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) on any FX Evaluation Date, the Applicable Conversion Rate of any Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date or (y) on any date any Lender has provided written notice to the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent and each Agent (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”). Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City time, on the third Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (C) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (E) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 2 contracts

Sources: Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund), Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)

Currency Commitment Provisions. (i) 1. Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. (ii) 2. On each FX Evaluation Date, (A) the Servicer Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Collateral Agent Borrower and each AgentAgent such calculation of the Borrowing Base, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage or (yz) on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer Borrower shall deliver deliver, as applicable, in accordance with Section 17.3, to the Facility Agent and each Agent (with a copy to the Collateral Custodian and the Loan RegistrarAgent) a notice substantially in the form of Exhibit C-4 C‑5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders’ Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City timethe Applicable Time Zone, on the third Business Day following delivery of such FX Reallocation Notice). (iii) 3. Notwithstanding anything to the contrary herein, at no time shall (Av) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (Bw) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (Cx) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (y) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, Euros or (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (Ez) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 2 contracts

Sources: Loan Financing and Servicing Agreement (FS KKR Capital Corp), Loan Agreement (FS KKR Capital Corp)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. (ii) On each FX Evaluation Date, (A) the Servicer Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Collateral Agent Borrower and each AgentAgent such calculation of the Borrowing Base, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage or (yz) on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer Borrower shall deliver deliver, as applicable, in accordance with Section 17.3, to the Facility Agent and each Agent (with a copy to the Collateral Custodian and the Loan RegistrarAgent) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders’ Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City timethe Applicable Time Zone, on the third Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (Av) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (Bw) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (Cx) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (y) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, Euros or (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (Ez) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 2 contracts

Sources: Loan Financing and Servicing Agreement (FS KKR Capital Corp), Loan Financing and Servicing Agreement (FS KKR Capital Corp)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (B) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (C) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars AUDs shall be funded in its entirety by the Dollar AUD Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase Advances in Dollars from DBNY and sell Advances its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, the Servicer on behalf of the Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent, the Collateral each Agent and each AgentLender, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances Outstanding and such Lender’s Pro Rata Percentage or (yz) on any date any Lender has provided written notice to the Facility Agent and the Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent, each Agent and each Agent Lender (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) to sell to, or purchase from, as applicable, the other Lenders’ from DBNY and its Affiliates Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in p.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (Bv) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (Cw) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (x) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (Dy) any Dollar AUD Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and AUDs or (Ez) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 2 contracts

Sources: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.), Loan Financing and Servicing Agreement (GOLUB CAPITAL INVESTMENT Corp)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each CHF Advance shall be funded in Euros its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (F) each Euro Advance shall be funded in its entirety by the Euro Lenders, (DG) each GBP Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders, (H) each NOK Advance shall be funded in its entirety by the NOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, the Servicer on behalf of the Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent, the Collateral each Agent and each AgentLender, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case, between any Lender’s actual percentage of the Applicable Conversion Rate of any Advances Outstanding and such L▇▇▇▇▇’s Pro Rata Percentage, in each case, in the applicable Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date or (yz) on any date any Lender has provided written notice to the Facility Agent and the Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent, each Agent and each Agent Lender (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, the other Lenders, as applicable, the other Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in p.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (C) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (F) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (EG) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs, (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Golub Capital Direct Lending Corp)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its CADsits entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CBC) each CHF Advance funded in Dollarsshall be funded in its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (CF) each Euro Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (DDG) each GBP Advance funded in Dollars AUDs shall be funded in its entirety by the Dollar AUDGBP Lenders and and, (EEH) each NOK Advance funded in GBPs shall be funded in its entirety by the GBP GBPNOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase and sell Advances in Dollars from DBNY and its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, the Servicer on behalf of the Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent, the Collateral each Agent and each AgentLender, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case, between any Lender’s actual percentage of the Applicable Conversion Rate of any Advances Outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage, in each case, in the applicable Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date or (yz) on any date any Lender has provided written notice to the Facility Agent and the Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent, each Agent and each Agent Lender (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable)Lender to sell to, or purchase fromfrom DBNY and its Affiliates, the other Lenders, as applicable, the other Lenders’ Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in p.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (AvA) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (CwC) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (xF) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (DyG) any Dollar AUD Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and AUDs or (Ez) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs., (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (B) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (C) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars AUDs shall be funded in its entirety by the Dollar AUD Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase Advances in Dollars from DBNY and sell Advances its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, the Servicer on behalf of the Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent, the Collateral each Agent and each AgentLender, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances Outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage or (yz) on any date any Lender has provided written notice to the Facility Agent and the Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent, each Agent and each Agent Lender (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) to sell to, or purchase from, as applicable, the other Lenders’ from DBNY and its Affiliates Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in p.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (Bv) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (Cw) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (x) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (Dy) any Dollar AUD Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and AUDs or (Ez) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, (A) the Servicer shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3 to the Collateral Agent, the Collateral Agent Servicer and each AgentAgent such calculation of the Borrowing Base, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference; (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances Outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage; or (yz) on any date any Lender has provided written notice to the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent and shall deliver, as directed by the Servicer or Lender, as applicable, in accordance with Section 17.3 to each Agent (with a copy to the Collateral Custodian and the Loan RegistrarAgent) a notice substantially in the form of Exhibit C-4 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders’ Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City time, on the third Business Day following delivery of such FX Reallocation Notice)) or, in each case, such shorter time period as agreed in writing by each affected Lender. (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (C) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (E) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Crestline Lending Solutions, LLC)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (B) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (C) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (ED) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, that no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation DateDate (or (I) with respect to any FX Evaluation Date specified in clause (e) of the definition thereof, on one Business Day after such FX Evaluation Date and (II) with respect to any FX Evaluation Date specified in clause (c) of the definition thereof, (A) if the Borrower or Servicer has notified the Facility Agent of such Event of Default and a grace period is applicable to such Event of Default, on the date of such notification and (B) if the Borrower or Servicer has notified the Facility Agent of such Event of Default (X) on or before 10:00 a.m. (New York time) and no grace period is applicable to such Event of Default, on the date of such notification or (Y) after 10:00 a.m. (New York time) and no grace period is applicable to such Event of Default, on one Business Day after the date of such notification), (A) the Servicer shall calculate each the Borrowing Base and deliver such calculations calculation to the Administrative Agent, and (B) the Administrative Agent shall deliver in accordance with Section 17.3 to the Facility Agent, the Collateral Agent Agent, the Servicer and each AgentLender such calculation of the Borrowing Base, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation DateDate specified in clauses (a), (c), (d) or (e) of the Applicable Conversion Rate of definition thereof, any Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date difference or (y) there is on any FX Evaluation Date specified in clause (b) of the definition thereof, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances Outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage, then on any date any Lender has provided written notice to the Facility Agent that such Lender directs (in its sole discretion) a of reallocation under this Section 2.2(d)(ii)) pursuant to the last sentence of this paragraph, (A) the Servicer shall deliver to the Facility Administrative Agent and each (B) the Administrative Agent (shall deliver in accordance with a copy Section 17.3 to the Facility Agent, the Collateral Custodian Agent, the Servicer and the Loan Registrar) each Lender a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Lender (notwithstanding Section 6.2(a)(i)) to sell to, or purchase from, as applicable, the other Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City p.m., London time, on the third Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (Bw) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (C) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (Dx) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and Dollars, (Ey) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Silver Point Specialty Lending Fund)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CB) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (DC) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and Lenders, (ED) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders and (E) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. (ii) On each FX Evaluation Date, (A) the Servicer shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Administrative Agent and (B) the Administrative Agent shall deliver in accordance with Section 17.3 to the Collateral Agent, the Collateral Agent Servicer and each AgentAgent such calculation of the Borrowing Base, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, the Applicable Conversion Rate a difference of any Eligible Currency (other than Dollars) has increased or decreased by 102.5% or more since more, in each case between any Lender’s actual percentage of the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date Advances outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage or (yz) on any date any Lender has provided written notice to the Facility Administrative Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii2.2(d)(i), the Administrative Agent shall deliver, as directed by the Servicer shall deliver or Lender, as applicable, to the Facility Agent and each Agent (with a copy to the Collateral Custodian and the Loan RegistrarAgent) a notice substantially in the form of Exhibit C-4 C-6 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders’ Lender’s Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in New York City time, on the third Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (CB) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (DC) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and Dollars, (ED) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPsGBPs and (E) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Monroe Capital Enhanced Corporate Lending Fund)

Currency Commitment Provisions. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each CHF Advance shall be funded in Euros its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (F) each Euro Advance shall be funded in its entirety by the Euro Lenders, (DG) each GBP Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders, (H) each NOK Advance shall be funded in its entirety by the NOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. (ii) On each FX Evaluation Date, the Servicer on behalf of the Borrower shall calculate each the Borrowing Base and deliver such calculations calculation to the Facility Agent, the Collateral each Agent and each AgentLender, together with the each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case, between any Lender’s actual percentage of the Applicable Conversion Rate of any Advances Outstanding and such ▇▇▇▇▇▇’s Pro Rata Percentage, in each case, in the applicable Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date or (yz) on any date any Lender has provided written notice to the Facility Agent and the Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Servicer shall deliver to the Facility Agent, each Agent and each Agent Lender (with a copy to the Collateral Custodian and the Loan Registrar) a notice substantially in the form of Exhibit C-4 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, the other Lenders, as applicable, the other Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstanding (a “FX Reallocation”)Outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in p.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice). (iii) Notwithstanding anything to the contrary herein, at no time shall (A) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (B) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (C) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (F) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars and (EG) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs, (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.

Appears in 1 contract

Sources: Loan Financing and Servicing Agreement (Golub Capital BDC 4, Inc.)