Common use of Duties of the Collateral Administrator Clause in Contracts

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank National Association as, and U.S. Bank National Association hereby accepts the appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall provide to the Issuer and certain other parties as specified in the Indenture, certain reports, schedules and calculations, all as more particularly described in Section 2(b) hereof, based upon information and data received from the Issuer, the Collateral Manager, or the Trustee, which reports, schedules and calculations the Issuer or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction Document, or of the Collateral Manager under the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other Transaction Document or of the Collateral Manager under or pursuant to the Collateral Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank National Association as, and U.S. Bank National Association hereby accepts the appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall assist the Issuer and the Investment Manager in connection with monitoring the Assets on an ongoing basis as provided herein and provide to the Issuer and the Investment Manager and certain other parties as specified in the Indenture, certain reports, schedules and calculations, all as more particularly described in Section 2(b) hereofhereof (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties hereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Collateral Investment Manager, or the Trustee, which reports, schedules and calculations the Issuer or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction Documenttransaction documents related thereto, or of the Collateral Investment Manager under the Collateral Investment Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other Transaction Document transaction documents related thereto or of the Collateral Investment Manager under or pursuant to the Collateral Investment Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank National Association asComputershare Trust Company, N.A. as its agent, and U.S. Bank National Association Computershare Trust Company, N.A. hereby accepts the such agency appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. The Collateral Administrator’s services hereunder shall be conducted through its Computershare Corporate Trust division ‎‎(including, as applicable, any agents or affiliates utilized thereby). In such capacity, the Collateral Administrator shall provide to the Issuer and the Investment Manager and certain other parties as specified in the Indenture, certain reports, schedules schedules, calculations and calculationsother data, all as more particularly described in Section 2(b) hereofbelow (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties hereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Collateral Manager, Investment Manager (in accordance with the requirements of the Indenture and this Agreement) or the TrusteeLiquidation Agent, which reports, schedules and calculations the Issuer (or the Investment Manager on behalf of the Issuer) or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, into or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other related Transaction Document, Documents or of the Collateral Investment Manager under the Collateral Investment Management Agreement, Agreement and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other related Transaction Document Documents, of the Trustee under or pursuant to the Indenture or of the Collateral Investment Manager under or pursuant to the Collateral Investment Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform ‎perform its duties hereunder in accordance with the terms of this Agreement and the terms of the ‎the Indenture applicable to it.it.‎

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank National Association as, and U.S. Bank National Association hereby accepts the appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall assist the Issuer and the Portfolio Manager in connection with monitoring the Assets on an ongoing basis as provided herein and provide to the Issuer and the Portfolio Manager and certain other parties as specified in the Indenture, certain reports, schedules and calculations, all as more particularly described in Section 2(b) hereofhereof (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties hereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Collateral Portfolio Manager, or the Trustee, which reports, schedules and calculations the Issuer or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction DocumentDocuments, or of the Collateral Portfolio Manager under the Collateral Portfolio Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other Transaction Document Documents or of the Collateral Portfolio Manager under or pursuant to the Collateral Portfolio Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.

Duties of the Collateral Administrator. 2 (a) The Issuer Borrower hereby appoints U.S. Bank National Association WESTERN ALLIANCE TRUST COMPANY, N.A. as, and U.S. Bank National Association WESTERN ALLIANCE TRUST COMPANY, N.A. hereby accepts the appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall shall, pursuant to the terms hereof, assist the Collateral Manager in connection with monitoring the Collateral Obligations on an ongoing basis and provide to the Issuer Borrower and certain other parties as specified in the IndentureCredit Agreement, certain reports, schedules and calculations, all as more particularly described in Section 2(b) hereof, based upon information and data received from the IssuerBorrower, the Collateral Manager, Manager or the TrusteeCollateral Agent, which reports, schedules and calculations the Issuer Borrower or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the IndentureCredit Agreement. The Collateral Administrator’s duties and authority hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer Borrower under the Indenture Credit Agreement or any other Transaction Document, or of the Collateral Manager under the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer Borrower under or pursuant to the Indenture Credit Agreement or any other Transaction Document or of the Collateral Manager under or pursuant to the Collateral Management Agreement. (b) The Collateral Administrator shall perform the duties following functions from time to time: (i) create a collateral database of certain characteristics (to the extent required for the performance of its obligations hereunder, and functions assigned otherwise as reasonably agreed to it between the Collateral Administrator and the Collateral Manager) of the Collateral Obligations credited from time to time to the Transaction Accounts (the “Collateral Database”); (ii) update the Collateral Database periodically to reflect any purchases or sales or other dispositions of Collateral Obligations, in each case such information regarding purchases, sales or other dispositions being based upon information furnished to the Collateral Administrator by the Borrower or the Collateral Manager as may be reasonably required by the Collateral Administrator from time to time; (iii) provide the Collateral Manager with access to the information in the IndentureCollateral Database in electronic format, comply with all obligations applicable the format and scope of such information to it be reasonably agreed to by the Collateral Manager and the Collateral Administrator; (iv) track the receipt and daily allocation of cash to each of the Transaction Accounts (and any subaccount thereof) and any withdrawals therefrom and provide to the Collateral Manager periodic reports reflecting such actions to such Transaction Accounts (and subaccounts) as of the close of business on the preceding Business Day; 3 (v) prepare and make available to the parties required under the Indenture Credit Agreement each of the Daily Reports that are required to be provided pursuant to Section 6.5(a) of the Credit Agreement, the Monthly Reports that are required to be provided pursuant to Section 6.5(b) of the Credit Agreement and the Valuation Report that is required to be provided pursuant to Section 6.5(c) of the Credit Agreement, in each case by the time specified in the Credit Agreement and on the basis of the information contained in the Collateral Database or as provided to the Collateral Administrator by the Borrower or the Collateral Manager; (vi) assist the Borrower and the Collateral Manager in providing the Additional Reports as set forth in Section 6.6 of the Credit Agreement, by providing them with access to the information contained in the Collateral Database; and (vii) provide the Collateral Manager with such other information as may be reasonably requested by the Collateral Manager under the Credit Agreement, if within the possession of the Collateral Administrator and can be produced without unreasonable expense or delay. (c) The Borrower and the Collateral Manager shall cooperate with the Collateral Administrator in connection with the matters described herein, including calculations relating to the Daily Reports, Monthly Reports and the Valuation Reports or as otherwise reasonably requested hereunder. Without limiting the generality of the foregoing, the Collateral Manager shall supply in a timely fashion any determinations, designations, classifications or selections made by it relating to a Collateral Obligation, including in connection with the acquisition or disposition thereof, and any information maintained by it that the Collateral Administrator may from time to time reasonably request with respect to the Collateral and reasonably need to complete the reports required to be prepared by the Collateral Administrator hereunder or reasonably required to permit the Collateral Administrator to perform its obligations hereunder. Additionally, the Collateral Manager shall provide the calculations specifically required under Section 6.5(b)(x) of the Credit Agreement. (d) The Collateral Administrator shall, subject to the timely receipt of information necessary to prepare such reports from the Collateral Manager and other parties as provided herein, endeavor to deliver a draft of each such Monthly Report, Valuation Report or Daily Reports to the Collateral Manager on the Business Day immediately preceding the day on which such Monthly Report, Valuation Report or Daily Reports is to be provided by the Borrower (or such later time as reasonably practicable). The Collateral Manager shall review, verify and approve the contents of the aforesaid reports. To the extent any of the information in such reports conflicts with data or calculations in the records of the Collateral Manager, the Collateral Manager shall notify the Collateral Administrator of such discrepancy and use reasonable efforts to assist the Collateral Administrator in reconciling such discrepancy. Upon reasonable request by the Collateral Administrator, the Collateral Manager further agrees to provide to the Collateral Administrator from time to time during the term of this Agreement, on a timely basis, any information in its possession relating to the Collateral Obligations and any proposed purchases, sales or other dispositions thereof as to enable the Collateral Administrator to perform its duties hereunder hereunder. 4 (e) If, in performing its duties under this Agreement, the Collateral Administrator is required to decide between alternative courses of action, the Collateral Administrator may request written instructions (or verbal instructions, followed by written confirmation) from the Borrower or the Collateral Manager as to the course of action desired by it. If the Collateral Administrator does not receive such instructions within five Business Days after it has requested them, the Collateral Administrator may, but shall be under no duty to, take or refrain from taking any such courses of action; provided that the Collateral Administrator as promptly as possible notifies the Collateral Manager and the Borrower which course of action, if any (or refrainment from taking any course of action), it has decided to take. The Collateral Administrator shall be entitled to act in accordance with instructions received after such five Business Day period except (so long as it has provided the terms of this Agreement notice set forth in the prior sentence) to the extent it has already taken, or committed itself to take, action inconsistent with such instructions. (f) The Collateral Administrator understands that the Borrower will, pursuant to the Collateral Documents, pledge to the Collateral Agent, for the benefit and the terms on behalf of the Indenture Secured Parties, all of their right, title and interest in, to and under this Agreement. The Collateral Administrator consents to such assignment and agrees that such pledge shall not release or limit its liabilities, obligations and duties hereunder and it shall perform any provisions of the Credit Agreement applicable to it. The Collateral Administrator agrees that the Collateral Agent shall be entitled to all of the Borrower’s rights and benefits hereunder but shall not by reason of such pledge have any obligation to perform the Borrower’s obligations hereunder, although it shall have the right to do so. Section 3.

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank Xxxxx Fargo Bank, National Association asas its agent, and U.S. Bank Xxxxx Fargo Bank, National Association hereby accepts the such agency appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and or (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall assist the Issuer and the Portfolio Manager in connection with monitoring the Assets on an ongoing basis as provided herein and provide to the Issuer Issuer, the Portfolio Manager and certain other parties as specified in the Indenture, certain reports, schedules schedules, calculations and calculationsother data, all as more particularly described in Section 2(b) hereofbelow (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties hereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Collateral Manager, Portfolio Manager (in accordance with the requirements of the Indenture and this Agreement) or the Collateral Trustee, which reports, schedules and calculations the Issuer (or the Portfolio Manager on behalf of the Issuer) or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, into or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction Document, Documents or of the Collateral Portfolio Manager under the Collateral Portfolio Management Agreement, Agreement and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other the Transaction Document Documents, of the Collateral Trustee under or pursuant to the Indenture or of the Collateral Portfolio Manager under or pursuant to the Collateral Portfolio Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank National Association as, and U.S. Bank National Association hereby accepts the appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall provide to the Issuer and certain other parties as specified in the Indenture, certain reports, schedules and calculations, all as more particularly described in Section 2(b) hereof, based upon information and data received from the Issuer, the Collateral Manager, the Collateral Agent, the Loan Agent or the Trustee, which reports, schedules and calculations the Issuer or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction Document, or of the Collateral Manager under the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other Transaction Document or of the Collateral Manager under or pursuant to the Collateral Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.

Duties of the Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank Xxxxx Fargo Bank, National Association asas its agent, and U.S. Bank Xxxxx Fargo Bank, National Association hereby accepts the such agency appointment to act as, Collateral Administrator pursuant to the terms of this Agreement, until the earlier of (i) its resignation or removal as Collateral Administrator pursuant to Section 9 hereof and or (ii) the termination of this Agreement pursuant to Section 8 hereof. In such capacity, the Collateral Administrator shall assist the Issuer and the Portfolio Manager in connection with monitoring the Assets on an ongoing basis as provided herein and provide to the Issuer Issuer, the Portfolio Manager and certain other parties as specified in the Indenture, certain reports, schedules schedules, calculations and calculationsother data, all as more particularly described in Section 2(b) hereofbelow (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties hereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Collateral Manager, Portfolio Manager (in accordance with the requirements of the Indenture and this Agreement) or the Trustee, which reports, schedules and calculations the Issuer (or the Portfolio Manager on behalf of the Issuer) or the Collateral Administrator is required to prepare and deliver (or which are necessary in order that certain reports, schedules and calculations can be prepared, delivered or performed as required) under the Indenture. The Collateral Administrator’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, into or performing its duties under this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Issuer under the Indenture or any other Transaction Document, Documents or of the Collateral Portfolio Manager under the Collateral Portfolio Management Agreement, Agreement and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Issuer under or pursuant to the Indenture or any other the Transaction Document Documents, of the Trustee under or pursuant to the Indenture or of the Collateral Portfolio Manager under or pursuant to the Collateral Portfolio Management Agreement. The Collateral Administrator shall perform the duties and functions assigned to it in the Indenture, comply with all obligations applicable to it under the Indenture and perform its duties hereunder in accordance with the terms of this Agreement and the terms of the Indenture applicable to it.