Common use of Custody and Control Clause in Contracts

Custody and Control. At all times cause all Borrowing Base Eligible Assets of the Borrower (including all instruments and other investments, if any, evidencing the same and all Loan Documents) to constitute Pledged Collateral and to be (i) custodied with the Custodian or a sub-custodian of the Custodian pursuant to the Custodial Agreement, and (ii) subject to the control and custody of the Custodian or a sub-custodian of the Custodian in accordance with the Custodial Agreement and the Control Agreement; provided that if such Borrowing Base Eligible Asset is a Loan Asset and concurrently with any request to register such Loan Asset in the name of the Borrower, the Borrower shall deliver instructions to all Selling Institutions, Transaction Agents and Obligors related to such Loan Asset requiring that any instrument evidencing such Loan Asset be delivered to the Custodian. At all times cause (x) all Borrowing Base Eligible Assets of the Borrower (including Cash but excluding Loan Assets) to be held or credited to the Collateral Account and (y) all Assets of the Borrower (including Cash but excluding (1) Loan Assets, (2) cash held in the Borrower’s Account in connection with any Restricted Payment permitted under 5.02(m) and (3) any cash or Assets maintained in a segregated account with the Custodian subject to a Lien described in clause (viii) of the definition of Permitted Lien) to be held or credited to the Collateral Account. At all times cause all Loan Documents to be held at the address of the Borrower set forth in Section 9.02 or, such other location as the Borrower shall designate upon twenty (20) days’ prior written notice to the Agent. Provide to the Custodian a CUSIP, SEDOL or ISIN number with respect to each Borrowing Base Eligible Asset (other than Loan Assets and Cash).

Custody and Control. At all times cause all Borrowing Base Eligible Assets and TRS Eligible Assets of the Borrower (including all instruments and other investments, if any, evidencing the same and all Loan Documents) to constitute Pledged Collateral and to be (i) custodied with the Custodian or a sub-custodian of the Custodian pursuant to the Custodial Agreement, and (ii) subject to the control and custody of the Custodian or a sub-custodian of the Custodian in accordance with the Custodial Agreement and the Control Agreement; provided that if such Borrowing Base Eligible Asset or TRS Eligible Asset is a Loan Asset and concurrently with any request to register such Loan Asset in the name of the Borrower, the Borrower shall deliver instructions to all Selling Institutions, Transaction Agents and Obligors related to such Loan Asset requiring that any instrument evidencing such Loan Asset be delivered to the Custodian. At all times cause (x) all Borrowing Base Eligible Assets and TRS Eligible Assets of the Borrower (including Cash but excluding Loan Assets) to be held or credited to the Collateral Account and (y) all Assets of the Borrower (including Cash but excluding (1) Loan Assets, (2) cash held in the Borrower’s Account in connection with any Restricted Payment permitted under 5.02(m5.02(k) and (3) any cash or Assets maintained in a segregated account with the Custodian subject to a Lien described in clause (viii) of the definition of Permitted Lien) to be held or credited to the Collateral Account. At all times cause all Loan Documents to be held at the address of the Borrower set forth in Section 9.02 or, such other location as the Borrower shall designate upon twenty (20) days’ prior written notice to the Agent. Provide to the Custodian a CUSIP, SEDOL or ISIN number with respect to each Borrowing Base Eligible Asset (other than Loan Assets and Cash). Following delivery of any notice of termination of the Control Agreement by the Agent in accordance with Section 21(a) thereof, upon the request of the Agent, the Borrower shall give to the Custodian immediate notice of termination of the Custodial Agreement in accordance with the terms thereof.

Custody and Control. (x) At all times cause all Borrowing Base Eligible Assets of the Borrower (including all instruments and other investments, if any, evidencing the same and all Specified Loan Documents) to constitute Pledged Collateral and to be (i) custodied with the Custodian or a sub-custodian of the Custodian pursuant to the Custodial Agreement, and (ii) subject to the Custodian’s control and custody of the Custodian or a sub-custodian of the Custodian in accordance with the Custodial Agreement and the Control Agreement; provided provided, that if such Borrowing Base Eligible Asset or Pledged Collateral is a Loan Asset and Asset, concurrently with any request to register such Loan Asset in the name of the Borrower, the Borrower shall deliver instructions to all Selling Institutions, Transaction Agents and Obligors related to such Loan Asset requiring that any instrument evidencing such Loan Asset be delivered to the Custodian. At all times cause (x) all Borrowing Base Eligible Assets of the Borrower (including Cash but excluding other than Loan Assets) to be held or credited to the Collateral Account and (y) cause all Eligible Loan Assets of the Borrower (including Cash but excluding (1) Loan Assets, (2) cash held in the Borrower’s Account in connection with any Restricted Payment permitted under 5.02(m) and (3) any cash or Assets maintained in a segregated account with the Custodian subject to a Lien described in clause (viii) of the definition of Permitted Lien) to be held or credited by the Custodian for the benefit of the Secured Parties pursuant to the Collateral AccountControl Agreement. At all times cause (i) all Loan Documents which constitute loan notes, participation certificates and other “instruments” (as defined in the UCC) to be held at the offices of the Custodian in accordance with the Control Agreement, and (ii) all other Loan Documents to be held at the address of the Borrower set forth in Section 9.02 or, such other location in New York as the Borrower shall designate upon twenty (20) days’ day’s prior written notice to the Agent. Provide Administrative Agent and (y) provide to the Custodian a CUSIP, SEDOL or ISIN number with respect to each Borrowing Base Eligible Asset (other than Loan Assets and CashCash and other than where no such identification number exists).