Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, shall assign each Portfolio Investment included in the Borrowing Base to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of adequate correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 12 contracts
Samples: Senior Secured Credit Agreement (BlackRock Private Credit Fund), Secured Revolving Credit Agreement (Goldman Sachs Private Credit Corp.), Senior Secured Credit Agreement (Blue Owl Technology Finance Corp. II)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate any such correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 9 contracts
Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp), Term Loan Credit Agreement (Medley Capital Corp), Senior Secured Term Loan Credit Agreement (Medley Capital Corp)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 7 contracts
Samples: Senior Secured Term Loan Credit Agreement (THL Credit, Inc.), Term Loan Credit Agreement (THL Credit, Inc.), Senior Secured (THL Credit, Inc.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate correlation, the Borrower shall be permittedpermitted to, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement; provided that no more than three different additional industry classification groups may be created pursuant to this paragraph (a).
Appears in 5 contracts
Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.), Secured Revolving Credit Agreement (Barings BDC, Inc.), Secured Revolving Credit Agreement (Barings Capital Investment Corp)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Portfolio Investment included in the Borrowing Base to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of any adequate correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent (for the distribution to each Lender), to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 4 contracts
Samples: Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Assignment and Assumption (Goldman Sachs BDC, Inc.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, Lender to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (THL Credit, Inc.), Senior Secured (THL Credit, Inc.), Pledge and Security Agreement (THL Credit, Inc.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (THL Credit, Inc.), Secured Term Loan Credit Agreement (THL Credit, Inc.), Credit Agreement (FS Investment Corp II)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Portfolio Investment included in the Borrowing Base to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more most closely correlated to such Portfolio Investment. In the absence of any adequate correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent (for distribution to each Lender), to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Morgan Stanley Direct Lending Fund), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Portfolio Investment included in the Borrowing Base to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Portfolio Investment included in is reasonably determined by the Borrowing Base is Borrower to not adequately be correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is reasonably determined by the Borrower to be more closely correlated to such Portfolio Investment. In the absence of adequate correlationany correlation with the risks of other Portfolio Investments in any Industry Classification Group, the Borrower shall be permitted, upon prior notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups Industry Classification Groups for purposes of this Agreement.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Oaktree Finance, LLC), Senior Secured Revolving Credit Agreement (Oaktree Capital Group, LLC)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, shall assign each Portfolio Investment included in the Borrowing Base to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of any adequate correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent (for distribution to each Lender), to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit), Revolving Credit Agreement (Bain Capital Private Credit)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, shall assign each Portfolio Investment included (other than the Equity Interests in the Borrowing Base an Excluded Asset) to an Industry Classification Group. To the extent that the Borrower reasonably determines that any such Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification GroupGroup established by Xxxxx’x, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, Lender to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 2 contracts
Samples: Assignment and Assumption (Corporate Capital Trust, Inc.), Assignment and Assumption (Corporate Capital Trust, Inc.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement, and, with the prior approval of the Administrative Agent (which approval shall not be unreasonably withheld or delayed), the Borrower may assign an Eligible Portfolio Investment to such an industry classification group.
Appears in 1 contract
Samples: Revolving Credit Agreement (Credit Suisse Park View BDC, Inc.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, shall assign each Portfolio Investment included (other than the Equity Interests in the Borrowing Base any Non-Guarantor Subsidiary) to an Industry Classification Group. To the extent that the Borrower reasonably determines that any such Portfolio Investment included in the Borrowing Base is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification GroupGroup established by Xxxxx’x, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of adequate any correlation, the Borrower shall be permitted, upon notice to the Administrative Agent for distribution to each Lender, Lender to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Resource Capital Corp.)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base Collateral Pool to an Industry Classification Group. To the extent that the Borrower reasonably determines that any Eligible Portfolio Investment included in the Borrowing Base Collateral Pool is not adequately correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more most closely correlated to such Eligible Portfolio Investment. In the absence of any adequate correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent (for distribution to each Lender), to create up to three (3) additional industry classification groups for purposes of this Agreement.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)
Industry Classification Groups. For purposes of this Agreement, the Borrower, in its reasonable determination, Borrower shall assign each Eligible Portfolio Investment included in the Borrowing Base to an Industry Classification GroupGroup as reasonably determined by the Borrower. To the extent that the Borrower reasonably determines that any Eligible Portfolio 117 Investment included in the Borrowing Base is not adequately correlated with the risks of other Eligible Portfolio Investments in an Industry Classification Group, such Eligible Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Eligible Portfolio Investment. In the absence of adequate correlation, the Borrower shall be permittedpermitted to, upon notice to the Administrative Agent for distribution to each Lender, to create up to three (3) additional industry classification groups for purposes of this Agreement; provided that no more than three different additional industry classification groups may be created pursuant to this paragraph (a).
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)
