Monthly Clause Samples

Monthly. Not later than two (2) Business Days prior to each Payment Date, beginning with August 2024 (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five (5) Business Days prior to the Monthly Reporting Date. The Collateral Agent shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf), re-calculate the calculations in clauses (i) through (xvi) below made by the Servicer in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report. The Collateral Agent shall re-calculate pursuant to the preceding sentence: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1A Borrowing Base, (vi) Class 1B Borrowing Base, (vii) Class 2A Borrowing Base, (viii) Class 2B Borrowing Base, (ix) Class 3A Borrowing Base, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xiv) Class 1B OC Ratio, (xv) Class 2A OC Ratio, (xvi) Class 2B OC Ratio, (xvii) Class 3A OC Ratio, (xviii) Class 3B OC Ratio, (xix) Class 4A OC Ratio, (xx) Class 4B OC Ratio, (xxi) each Class Minimum OC Coverage Test, (xxii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxiv) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxv) balances for each of the Covered Accounts and (xxvi) such other calculations as may be mutually agreed upon by the Collateral Agent, the Ser...

Monthly. On each Monthly Report Date, the Collateral Agent pursuant to Section 8.10 hereof, on behalf of the Borrower shall compile and provide to the Agents, the Portfolio Manager and the Lenders, a monthly report on a trade basis (each a “Monthly Report”), determined as of the close of business on the related Monthly Report Determination Date. The first Monthly Report shall be delivered in July 2022. The final Monthly Report shall be delivered on the Final Maturity Date and shall be determined on the sixth Business Day prior to the Final Maturity Date. The Monthly Report for a calendar month shall contain the information with respect to the Facility and the Collateral Obligations and Eligible Investments included in the Collateral set forth in Part 1 of Schedule 2 hereto, and shall be determined as of the Monthly Report Determination Date for such calendar month. Three Business Days prior to each Monthly Report Date, the Collateral Agent, pursuant to Section 8.10 hereof, on behalf of the Borrower, shall deliver to the Portfolio Manager a draft of the Monthly Report relating to such Monthly Report Date for review and approval. Upon receipt of each draft Monthly Report, the Portfolio Manager shall compare the information contained in such Monthly Report to the information contained in its records with respect to the Collateral and shall, within two Business Days after receipt of such draft Monthly Report, notify the Borrower and the Collateral Agent if the information contained in the draft Monthly Report does not conform to the information maintained by the Portfolio Manager with respect to the Collateral or whether such Monthly Report is approved. In the event that any discrepancy exists, the Collateral Agent and the Portfolio Manager shall attempt to resolve the discrepancy. If such discrepancy cannot be promptly resolved, the Portfolio Manager shall within 1 Business Day request that the Independent Accountants appointed by the Borrower pursuant to Section 8.08 review such draft Monthly Report and the Collateral Agent’s records to determine the cause of such discrepancy. If such review reveals an error in the Monthly Report or the Collateral Agent’s records, the Borrower (or the Portfolio Manager on its behalf) shall direct the Collateral Agent to revise the Monthly Report and its records accordingly and, as so revised, shall be utilized in making all calculations pursuant to this Agreement and notice of any error in the Monthly Report shall be sent as soon as ...

Monthly. Sweep and clean stairwell and behind yellow line in shop area (Kiamensi)

Monthly. On a monthly basis during the execution of the Work by the CM/GC and in equal proportions to the amount of Work certified for payment by the Design Professional on the CM/GC’s Application for Payment, which may be adjusted to account for design activities such as reviews of submittals, until such monthly payments equal 95% of the Basic Construction Contract Administration Services Fee.

Monthly. Beginning with the issuance of the Contractor’s Notice to proceed, 95% of the Basic Construction Contract Administration Services Fee shall be payable in equal monthly portions based on the number of months in the Construction Schedule to reach Material Completion.

Monthly. Shall be per calendar month regardless of the number of days in that month. All work to be performed on a monthly basis shall be performed during the first full week of that month.

Monthly. Exhaust system for cooker: check and clean at a minimum once each month. Freezers: Clean and sanitize walls once each month. Chillers: Clean and sanitize walls once each month.

Monthly. Commencing in September 2022, one Business Day prior to each Payment Date, the Borrower shall compile, or cause to be compiled, a report (the “Monthly Report”) and the Borrower shall then provide or make available such Monthly Report to the Collateral Agent, the Collateral Administrator, the Investment Manager, the Administrative Agent and each Lender, provided that a Monthly Report may be provided to any such party by posting such Monthly Report on the Collateral Agent’s website and providing access thereto to such parties. The Monthly Report shall contain the following information and instructions with respect to the Collateral, determined (or identified by the Borrower to the Collateral Administrator) as of the Determination Date for the related Payment Date: With respect to the Collateral Portfolio: (i) the Aggregate Principal Amount of the Collateral Obligations and the Eligible Investments; (ii) the Principal Balance, currency, annual interest rate (including the basis for such rate), maturity date (including the later date if such maturity date is extended), issuer of each Collateral Obligation and Eligible Investment and where the issuer of each Collateral Obligation and Eligible Investment is organized, as the case may be; the CUSIP, LIN or any other security identifier, if any, of each Collateral Obligation and Eligible Investment, as the case may be; (iii) an indication as to the classification of such Collateral Obligation (i.e., first lien, etc.); and whether such Collateral Obligation has been designated as a “Private Asset” or a “Non-Private Asset” pursuant to the terms of this Agreement; (iv) the owner of such Collateral Obligation; (v) the nature, source and amount of any Proceeds in each of the Transaction Accounts including the Interest Proceeds and Principal Proceeds (stating separately the amount of Sale Proceeds), received since the date of determination of the last Monthly Report; (vi) the number, identity and, if applicable, principal amount of any Collateral that was released for sale or other disposition (specifying the category of permitted sales under which it falls and whether such Collateral Obligation or other property is subject to a Value Adjustment Event or is an Ineligible Asset) and the number, identity and, if applicable, par value of Collateral Acquired by the Borrower Entities since the date of determination of the last Monthly Report (or, in the case of the first Monthly Report, since the Initial Credit Date); (vii) ...

Monthly. As soon as practicable, and in any event within thirty (30) days after the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year): (i) consolidated statements of income, retained earnings and cash flow of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements in which the actual consolidated cash flow and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet; (a) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; and (v) in the event that any of the foregoing statements indicate that any Borrower has varied in any material respect from any financial projections provided pursuant hereto, a statement of explanation of such deviation from an Authorized Officer o...