Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 139 contracts
Samples: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.), Financing and Servicing Agreement (Blackstone Private Credit Fund), Sale and Servicing Agreement (Capitalsource Inc)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian Agent may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian Agent shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian Agent substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian Agent hereunder, shall be the successor to the Collateral Custodian Agent under this Agreement without further act of any of the parties to this Agreement.
Appears in 82 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 19 contracts
Samples: Loan and Servicing Agreement (Owl Rock Capital Corp), Loan and Servicing Agreement (AGTB Private BDC), Loan and Servicing Agreement (FS Investment Corp II)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 10 contracts
Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (ACRES Commercial Realty Corp.), Loan and Servicing Agreement (Exantas Capital Corp.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement and any other Transaction Document to which it is a party without further act of any of the parties to this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (FS KKR Capital Corp), Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement, except where an instrument of transfer or assignment is required by law to effect such succession.
Appears in 5 contracts
Samples: Investment Management Agreement (Investcorp US Institutional Private Credit Fund), And Investment Management Agreement (Investcorp Credit Management BDC, Inc.), Investment Management Agreement (Investcorp Credit Management BDC, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Pledge Agreement without further act of any of the parties to this Pledge Agreement.
Appears in 3 contracts
Samples: Amended Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc), Amended Pledge Agreement (Capitalsource Inc)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund), Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.. 159
Appears in 2 contracts
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunderCustodian, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (HPS Corporate Lending Fund), Financing and Servicing Agreement (Capital Southwest Corp)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian Custodianall or substantially as a whole, which Person in any anyall of the foregoing cases executes an agreement of assumption to perform every obligation obligationdocument custody business of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.. 116
Appears in 1 contract
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement and any other Transaction Document to which it is a party without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (AGTB Private BDC)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to all or substantially all of the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (FS Credit Real Estate Income Trust, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of 105 assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement., except where an instrument of transfer or assignment is required by law to effect such succession. [Investcorp] Loan and Security Agreement
Appears in 1 contract
Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the USActive 55125247.5 168 successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement. Section 7.4.
Appears in 1 contract
Samples: Loan and Security Agreement (New Mountain Finance Corp)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunderCustodian, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Assignment and Acceptance (HPS Corporate Lending Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.. 152
Appears in 1 contract
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement, except where an instrument of transfer or assignment is required by law to effect such succession.
Appears in 1 contract
Samples: And Investment Management Agreement (Investcorp US Institutional Private Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.159
Appears in 1 contract
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets -170- document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (North Haven Private Income Fund LLC)
