Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 35 contracts
Samples: Indenture and Security Agreement (Blue Owl Capital Corp), Indenture (MSD Investment Corp.), Indenture (Blue Owl Credit Income Corp.)
Failure to Provide Accounting. If the Collateral Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Collateral Trustee, the Collateral Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 10 contracts
Samples: Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.), Indenture and Security Agreement (Blue Owl Capital Corp), Indenture and Security Agreement (Blue Owl Technology Finance Corp. II)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 10.6 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 10.6 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 6 contracts
Samples: Indenture (Monroe Capital Income Plus Corp), Indenture (Monroe Capital Income Plus Corp), Indenture (Golub Capital BDC 3, Inc.)
Failure to Provide Accounting. If the Trustee Collateral Agent shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the TrusteeCollateral Agent, the Trustee Collateral Agent shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 3 contracts
Samples: Indenture and Security Agreement (Silver Point Specialty Lending Fund), Indenture (PennantPark Floating Rate Capital Ltd.), GOLUB CAPITAL BDC, Inc.
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all commercially reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 2 contracts
Samples: Indenture (AB Private Credit Investors Corp), Indenture (AB Private Credit Investors Corp)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 10.10 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all commercially reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 10.10 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 2 contracts
Samples: Supplemental Indenture (Garrison Capital Inc.), Indenture (Garrison Capital Inc.)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 10.8 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 10.8 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 2 contracts
Samples: Indenture Agreement (HPS Corporate Lending Fund), NewStar Financial, Inc.
Failure to Provide Accounting. If the Trustee Collateral Agent shall not have received any accounting provided for in this Section 10.7 8.06 on the first Business Day after the date on which such accounting is due to the TrusteeCollateral Agent, the Trustee Collateral Agent shall notify the Collateral Investment Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Investment Manager is required to provide any information or reports pursuant to this Section 10.7 8.06 as a result of the failure of the Issuer Borrower to provide such information or reports, the Collateral Investment Manager shall be entitled to retain an Independent independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Investment Manager for such Independent independent certified public accountant shall be paid by the IssuerBorrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (TPG Specialty Lending, Inc.), Credit and Security Agreement (TPG Specialty Lending, Inc.)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 10.8 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 10.8 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.. (e)
Appears in 2 contracts
Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.), Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)
Failure to Provide Accounting. If the Trustee Collateral Agent shall not have received any accounting provided for in this Section 10.7 8.06 on the first Business Day after the date on which such accounting is due to the TrusteeCollateral Agent, the Trustee Collateral Agent shall notify the Collateral Investment Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Investment Manager is required to provide any 101 information or reports pursuant to this Section 10.7 8.06 as a result of the failure of the Issuer Borrower to provide such information or reports, the Collateral Investment Manager shall be entitled to retain an Independent independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Investment Manager for such Independent independent certified public accountant shall be paid by the IssuerBorrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (TPG Specialty Lending, Inc.)
Failure to Provide Accounting. If the Trustee Collateral Agent shall not have received any accounting provided for in this Section 10.7 8.06 on the first Business Day after the date on which such accounting is due to the TrusteeCollateral Agent, the Trustee Collateral Agent shall notify the Collateral Portfolio Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Portfolio Manager is required to provide any information or reports pursuant to this Section 10.7 8.06 as a result of the failure of the Issuer Borrower to provide such information or reports, the Collateral Portfolio Manager shall be entitled to retain an Independent independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Portfolio Manager for such Independent independent certified public accountant shall be paid by the Issuer.Borrower. 108
Appears in 1 contract
Samples: Credit and Security Agreement (BlackRock Private Credit Fund)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 10.6 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain cause such accounting to be made by the applicable Payment Date. To the extent the Collateral Manager is required Issuer fails to provide any information or reports pursuant to this Section 10.7 as a result 10.6 by the applicable Payment Date, the Trustee (with the assistance of the failure of the Issuer to provide such information or reports, the Collateral Manager Manager) shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs and expenses incurred by the Trustee and the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 1 contract
Samples: Indenture (JMP Group LLC)
Failure to Provide Accounting. If the Trustee shall has not have received any accounting provided for in this Section 10.7 10.8 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 10.8 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be is entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.. (e)
Appears in 1 contract
Samples: Blackstone Private Credit Fund
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 8.06 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager Servicer who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager Servicer is required to provide any information or reports pursuant to this Section 10.7 8.06 as a result of the failure of the Issuer Borrower to provide such information or reports, the Collateral Manager Servicer shall be entitled to retain an Independent independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager Servicer for such Independent independent certified public accountant shall be paid by the IssuerBorrower.
Appears in 1 contract
Samples: Credit and Security Agreement (NewStar Financial, Inc.)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.. 171
Appears in 1 contract
Samples: Indenture (Golub Capital BDC, Inc.)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who Issuer shall use all reasonable efforts to obtain cause such accounting to be made by the applicable Payment Distribution Date. To the extent the Collateral Manager Issuer is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Issuer (with the assistance of the Collateral Manager Manager) shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 1 contract
Samples: Indenture (Fifth Street Senior Floating Rate Corp.)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who Issuer shall use all reasonable efforts to obtain cause such accounting to be made by the applicable Payment Date. To the extent the Collateral Manager Issuer is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Issuer (with the assistance of the Collateral Manager Manager) shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 1 contract
Failure to Provide Accounting. If the Trustee Collateral Agent shall not have received any accounting provided for in this Section 10.7 8.06 on the first Business Day after the date on which such accounting is due to the TrusteeCollateral Agent, the Trustee Collateral Agent shall notify the Collateral Portfolio Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date. To the extent the Collateral Portfolio Manager is required to provide any information or reports pursuant to this Section 10.7 8.06 as a result of the failure of the Issuer Borrower to provide such information or reports, the Collateral Portfolio Manager shall be entitled to retain an Independent independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Portfolio Manager for such Independent independent certified public accountant shall be paid by the IssuerBorrower.
Appears in 1 contract
Samples: Credit and Security Agreement (BlackRock Private Credit Fund)
Failure to Provide Accounting. If the Trustee shall not have received any accounting provided for in this Section 10.7 on the first Business Day after the date on which such accounting is due to the Trustee, the Trustee shall notify the Collateral Manager who shall use all reasonable efforts to obtain such accounting by the applicable Payment Date or Interim Payment Date. To the extent the Collateral Manager is required to provide any information or reports pursuant to this Section 10.7 as a result of the failure of the Issuer to provide such information or reports, the Collateral Manager shall be entitled to retain an Independent certified public accountant in connection therewith and the reasonable costs incurred by the Collateral Manager for such Independent certified public accountant shall be paid by the Issuer.
Appears in 1 contract
Samples: MidCap Financial Investment Corp