Common use of Monthly Clause in Contracts

Monthly. Not later than the second (2nd) Business Day prior to each Payment Date (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 2 contracts

Samples: Credit and Security Agreement (Blackstone Private Credit Fund), Credit and Security Agreement (Blackstone Private Credit Fund)

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Monthly. Not later than the second two (2nd2) Business Day Days prior to the 15th calendar day of each Payment Date calendar month, beginning with February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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) Tranche A Borrowing Base, (vi) Tranche B Borrowing Base, (vii) Tranche C Borrowing Base, (viii) Tranche A OC Ratio, (ix) Tranche B OC Ratio, (x) Tranche C OC Ratio, (xi) each Tranche Minimum OC Coverage Test, (xii) each Coverage Test, (xiii) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xiv) balances for each of the Covered Accounts and (xv) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 2 contracts

Samples: Credit and Security Agreement (Blackstone / GSO Secured Lending Fund), Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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) Tranche A Borrowing Base, (vi) Tranche B Borrowing Base, (vii) Tranche C Borrowing Base, (viii) Tranche A OC Ratio, (ix) Tranche B OC Ratio, (x) Tranche C OC Ratio, (xi) each Tranche Minimum OC Coverage Test, (xii) each Coverage Test, (xiii) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xiv) balances for each of the Covered Accounts and (xv) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 2 contracts

Samples: Credit and Security Agreement (Blackstone Secured Lending Fund), Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with September 2021 (other than February, May, August and November in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, 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 Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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 1A OC Ratio, (xii) Class 1B OC Ratio, (xiii) Class 2A OC Ratio, (xiv) Class 2B OC Ratio, (xv) Class 3A OC Ratio, (xvi) Class 3B OC Ratio, (xvii) each Class Minimum OC Coverage Test, (xviii) each Coverage Test, (xix) the Collateral Quality Test, (xx) for any Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxi) balances for each of the Covered Accounts and (xxii) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur will be the last calendar day of such calendar month (or, if such day is not a Business Day, the prior calendar month. The first Monthly Report shall be delivered prior to the second next Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Day).The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Barings Private Credit Corp)

Monthly. Not later than the second (2nd) Business Day prior to each Payment Date (the “Monthly Reporting Date”), the Borrower The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf)Manager, the Collateral Administrator and the Administrative Agent). The Borrower Collateral Manager shall use reasonable commercial efforts to provide the Data File and designate the row of the Matrix and corresponding Matrix Inputs applicable to such Data File to the Collateral Administrator by no later than 12:00 noon at least ten (10) days prior to the Monthly Reporting Date. The Collateral Administrator shall, based on such Data File, such designated Matrix Inputs and the information contained in its collateral database, compile and provide (or cause to be compiled and provided) to the Data File Collateral Manager a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to provide such Monthly Report to the Collateral Manager by no later than fifteen 12:00 noon at least five (155) Business Days following days prior to the Monthly Reporting Date. To the extent that the Maximum Advance Rate Test is not satisfied in any Monthly Report which is compiled and provided by the Collateral Administrator to the Collateral Manager, the Collateral Manager in consultation with the Collateral Administrator shall select a different row of the Matrix and corresponding combination of Matrix Inputs that, when used to calculate the Maximum Advance Rate Test, allow the Maximum Advance Rate Test to be satisfied. The Collateral Administrator shall then promptly provide the Collateral Manager with an updated Monthly Report calculated based on the new combination of Matrix Inputs applicable to the selected row of the Matrix. The Collateral Manager shall use commercially reasonable efforts to review and confirm the calculations made by the Collateral Administrator in any such Monthly Report within five (5) days of the receipt thereof. Upon receipt of such confirmation from the Collateral Manager and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager, the Backup Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior previous calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a any calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Part 1 of Schedule 22 hereto, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such calendar monthstatement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Borrower Collateral Manager shall provide in together with each Monthly Report (or supplement thereto) (i) an accounting determined as Data File a copy of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective since during the one month period ending on the Monthly Report Determination Date for the immediately preceding prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or 8.09(a)waivers is being provided.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with August 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer, the Administrative Agent and the Collateral Administrator. The Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Collateral Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment Date. The Administrative 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 or Payment Date Report, as applicable, for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Collateral Administrator in the event of any discrepancy between the Administrative Agent’s calculations and the Monthly Report and Payment Date Report. The Administrative 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 1 Borrowing Base, (vi) Class 1A Borrowing Base, (vii) Class 2 Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (x) Class 1A OC Ratio, (xi) Class 2 OC Ratio, (xii) Class 3 OC Ratio, (xiii) each Class Minimum OC Coverage Test, (xiv) each Coverage Test, (xv) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xvi) balances for each of the Covered Accounts and (xvii) such other calculations as may be mutually agreed upon by the Collateral Administrator, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Administrative Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Administrator from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver USActive 53852035.1153852035.14.docx -112- under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (OFS Capital Corp)

Monthly. Not later than the second (2nd) two Business Day Days prior to the 24th day of each Payment Date calendar month, beginning with January 2023 (such date, the “Monthly Reporting Date”), the Borrower Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.098.06. The Borrower Collateral Manager shall compile and provide (or cause to be compiled the Collateral Administrator and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf)Manager, the Collateral Administrator and the Administrative Agent). The Borrower Collateral Manager shall provide (or cause to be provided) the Data File no later than fifteen to the Collateral Administrator and the Administrative Agent at least six (156) Business Days following prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Collateral Manager, confirm the calculations in clauses (i) through (xii) below made by the Collateral Manager in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and shall review and verify the Monthly Report to ensure that it is complete on its face and, based solely on the information provided on the related Data File, that the following items in such Monthly Report have been accurately calculated, if applicable, and reported: (i) Aggregate Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Net Aggregate Exposure Amount, (vi) each Collateral Quality Test, (vii) each Coverage Test, (viii) the Maximum Advance Rate Default Test, (ix) Collateral Default Ratio, (x) completion of Priority of Payments pursuant to Section 9.01(a), (xi) Interest Collection Account, Principal Collection Account and Revolving Reserve Account balances, and (xii) other information as may be mutually agreed upon by the Collateral Administrator, the Collateral Manager and the Administrative Agent. Upon receipt of such confirmation (or report showing discrepancies) by the Collateral Manager and the Administrative Agent from the Collateral Administrator, and in any event by no later than the Monthly Reporting Date, the Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day 5th Business Day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Main Street Capital CORP)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 15th calendar day of each Payment Date calendar month, beginning with February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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) Tranche A Borrowing Base, (vi) Tranche B Borrowing Base, (vii) Tranche C Borrowing Base, (viii) Tranche A OC Ratio, (ix) Tranche B OC Ratio, (x) Tranche C OC Ratio, (xi) each Tranche Minimum OC Coverage Test, (xii) each Coverage Test, (xiii) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xiv) balances for each of the Covered Accounts and (xv) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).. USActive 51774144.2053776213.6-103-

Appears in 1 contract

Samples: Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 1520th calendar day of each Payment Date calendar month, beginning with February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File no later than fifteen to the Collateral Agent at least three (153) Business Days following prior to the Monthly Reporting Date. As used hereinDate and, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior calendar month. The first Monthly Report shall be delivered a Payment Date Report, at least three (3) Business Days prior to the second Business Day preceding Payment 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 or Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto Report, as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2applicable, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, within two (2) Business Days of the Borrower shall provide receipt thereof and notify the Servicer and the Administrative Agent in each the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report (or supplement thereto) and Payment Date Report. The Collateral Agent shall re-calculate pursuant to the preceding sentence: (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Tranche A Borrowing Base, (vi) Tranche B Borrowing Base, (vii) Tranche C Borrowing Base, (viii) Tranche A OC Ratio, (ix) Tranche B shall provide promptly to the Administrative Agent a statement notifying describing in reasonable detail the Obligations owing to such Defaulting Lender as to which it exercised such right of setoff. The rights of each Lender and their respective Affiliates under this Section are in addition to other rights and remedies (including other rights of setoff) that such Lender or their respective Affiliates may have. Each Lender agrees to notify the Borrower and the Administrative Agent promptly after any amendmentsuch setoff and application, modification or waiver under any Related Document for each Collateral Loan provided, that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect failure to give such notice shall not affect the validity of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a)such setoff and application.

Appears in 1 contract

Samples: Credit and Security Agreement (Blackstone Secured Lending Fund)

Monthly. Not later than the second secondfirst (2nd2nd1 st) Business Day prior to each Payment Date (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021April 2022. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans LoansAssets and Eligible Investments included in the Collateral set forth in Schedule 2, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan LoanAsset that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a). Each Monthly Report shall constitute instructions to the Collateral Agent to withdraw funds from the Collection Account and pay or transfer such amounts set forth in the Monthly Report in the manner specified and in accordance with the Priority of Payments.

Appears in 1 contract

Samples: Credit and Security Agreement (Apollo Debt Solutions BDC)

Monthly. Not later than the second twofifteen (2nd215) Business Day Days prior to tofollowing the 15thlast calendar day of each calendar month (other than January, April, July, and October in each year) such datethe months for which a Payment Date Report is delivered) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents, the Collateral Manager, and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator Agent for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no at least two (2no later than fifteen (15) Business Days following prior tofollowing the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior calendar month. The For the avoidance of doubt, the first Monthly Report following the Seventh Amendment Effective Date shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 on August 15, 2014July 22, 2019 and shall be used in connection determined with respect to the payments to be made on the Payment Monthly Report Determination Date occurring in February 2021that is July 31, 2014.June 30, 2019. The Monthly Report for a calendar month shall be in substantially a form reasonably acceptable to the form attached hereto as Exhibit I Borrower, the Collateral Agent, the Collateral Manager and the Administrative Agent and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 22 hereto, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Business Development Corp of America)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 15th calendar day of each Payment Date calendar month, beginning with February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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) Tranche A Borrowing Base, (vi) Tranche B Borrowing Base, (vii) Tranche C Borrowing Base, (viii) Tranche A OC Ratio, (ix) Tranche B OC Ratio, (x) Tranche C OC Ratio, (xi) each Tranche Minimum OC Coverage Test, (xii) each Coverage Test, (xiii) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xiv) balances for each of the Covered Accounts and (xv) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification USActive 53861575.5 -106- that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with September 2021 (other than February, May, August and November in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, 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 Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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 1A OC Ratio, (xii) Class 1B OC Ratio, (xiii) Class 2A OC Ratio, (xiv) Class 2B OC Ratio, (xv) Class 3A OC Ratio, (xvi) Class 3B OC Ratio, (xvii) each Class Minimum OC Coverage Test, (xviii) each Coverage Test, (xix) the Collateral Quality Test, (xx) for any Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxi) balances for each of the Covered Accounts and (xxii) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur will be the last calendar day of such calendar month (or, if such day is not a Business Day, the prior calendar month. The first Monthly Report shall be delivered prior to the second next Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Day).The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. -133- In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Barings Private Credit Corp)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with July 2023 (other than February, May, August and November in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, 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 Borrower Servicer shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator Agent and the Administrative Agent). The Borrower 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 and, with respect to a Payment Date Report, at least five (5) Business Days prior to the Payment 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 or Payment Date Report, as applicable, 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 and Payment Date 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 Payment Date 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 Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur will be the last calendar day of such calendar month (or, if such day is not a Business Day, the prior calendar month. The first Monthly Report shall be delivered prior to the second next Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Day).The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report Report. (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(ab).

Appears in 1 contract

Samples: Credit and Security Agreement (T. Rowe Price OHA Select Private Credit Fund)

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Monthly. Not later than the second (2nd) Business Day prior to each Payment Date (the “Monthly Reporting Date”), the Borrower The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf)Manager, the Collateral Administrator and the Administrative Agent). The Borrower Collateral Manager shall use reasonable commercial efforts to provide the Data File and designate the row of the Matrix and corresponding Matrix Inputs applicable to such Data File to the Collateral Administrator by no later than 12:00 noon at least ten (10) days prior to the Monthly Reporting Date. The Collateral Administrator shall, based on such Data File, such designated Matrix Inputs and the information contained in its collateral database, compile and provide (or cause to be compiled and provided) to the Data File Collateral Manager a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to provide such Monthly Report to the Collateral Manager by no later than fifteen 12:00 noon at least five (155) Business Days following days prior to the Monthly Reporting Date. To the extent that the Maximum Advance Rate Test is not satisfied in any Monthly Report which is compiled and provided by the Collateral Administrator to the Collateral Manager, the Collateral Manager in consultation with the Collateral Administrator shall select a different row of the Matrix and corresponding combination of Matrix Inputs that, when used to calculate the Maximum Advance Rate Test, allow the Maximum Advance Rate Test to be satisfied. The Collateral Administrator shall then promptly provide the Collateral Manager with an updated Monthly Report calculated based on the new combination of Matrix Inputs applicable to the selected row of the Matrix. The Collateral Manager shall use commercially reasonable efforts to review and confirm the calculations made by the Collateral Administrator in any such Monthly Report within five (5) days of the receipt thereof. Upon receipt of such confirmation from the Collateral Manager and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager, the Backup Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior previous calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a any calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Part 1 of Schedule 22 hereto, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such calendar monthstatement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Borrower Collateral Manager shall provide in together with each Monthly Report (or supplement thereto) (i) an accounting determined as Data File a copy of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective since during the one month period ending on the Monthly Report Determination Date for the immediately preceding prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provided. Provided that the Payment Date Reports are prepared and delivered on a monthly basis pursuant to Section 5.01(d)(vii8.06(b) or 8.09(a)below, the Collateral Administrator shall not be required to deliver a separate Monthly Report for such month.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with May 2023 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Borrower Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Collateral Manager and the Administrative Agent. The Borrower Collateral Manager shall compile and provide (or cause to be compiled the Collateral Agent and provided) to the Administrative Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Manager, the Collateral Administrator Agent and the Administrative Agent). The Borrower Collateral Manager 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 and, with respect to a Payment Date Report, at least five (5) Business Days prior to the Payment Date. The Collateral Agent shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xiv) below made by the Collateral Manager in any such Monthly Report or Payment Date Report, as applicable, for such calendar month, within two (2) Business Days of the receipt thereof and notify the Collateral Manager and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report and Payment Date 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) each Coverage Test, (vi) the Collateral Quality Test, (vii) for any Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (viii) balances for each of the Covered Accounts, (ix) such other calculations as may be mutually agreed upon by the Collateral Agent, the Collateral Manager and the Administrative Agent and (x) Adjusted Principal Balance of each Collateral Loan as of the end of such Business Day, (xi) the OC Ratio as of the end of such Business Day, (xii) the Borrower’s compliance with the Concentration Limitations, (xiii) the Loan Value of each Collateral Loan, and (xiv) the S&P Rating and Xxxxx’x Rating of each Collateral Loan and/or the Obligor thereunder (if applicable). Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur will be the last calendar day of such calendar month (or, if such day is not a Business Day, the prior calendar month. The first Monthly Report shall be delivered prior to the second next Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Day).The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2and such other information that is agreed to by the Collateral Manager, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit Agreement (HPS Corporate Lending Fund)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each Payment Date calendar month, beginning with August 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer, the Administrative Agent and the Collateral Administrator. The Borrower Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Collateral Agent and the Collateral Administrator 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 Borrower (or the Collateral Manager on its behalf)Servicer, the Collateral Administrator and the Administrative Agent). The Borrower Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment Date. The Administrative 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 or Payment Date Report, as applicable, for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Collateral Administrator in the event of any discrepancy between the Administrative Agent’s calculations and the Monthly Report and Payment Date Report. The Administrative 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 1 Borrowing Base, (vi) Class 1A Borrowing Base, (vii) Class 2 Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (x) Class 1A OC Ratio, (xi) Class 2 OC Ratio, (xii) Class 3 OC Ratio, (xiii) each Class Minimum OC Coverage Test, (xiv) each Coverage Test, (xv) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xvi) balances for each of the Covered Accounts and (xvii) such other calculations as may be mutually agreed upon by the Collateral Administrator, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Administrative Agent and in any event by no later than fifteen (15) Business Days following the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Servicer, the Administrative Agent and the Collateral Administrator from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (OFS Capital Corp)

Monthly. Not later than the second ten (2nd10) Business Day prior to Days following the last calendar day of each calendar month (other than the months for which a Payment Date Report is delivered) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen ten (1510) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar fifteenth day of the prior calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 2020 and shall be used in connection determined with respect to the payments to be made on the Payment Monthly Report Determination Date occurring in February 2021that is January 15, 2020. The Monthly Report for a calendar month shall be in substantially a form reasonably acceptable to the form attached hereto as Exhibit I Borrower, the Collateral Administrator, the Collateral Manager, the Equityholder and the Administrative Agent and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 22 hereto, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Monthly. Not later than the second two (2nd2) Business Day Days prior to the 20th calendar day of each calendar month, beginning with May 2019 (other than any month in which a Payment Date occurs) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide to the Agents and the Lenders, a monthly report (each, a “Monthly Report”) in accordance with this Section 8.06, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer, the Administrative Agent and the Collateral 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 F for the previous monthly period ending on the Monthly Report Determination Date (containing such additional information that is reasonably requested from time to time by 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 three (3) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least three (3) Business Days prior to the Payment 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), confirm the calculations in clauses (i) through (x) below made by the Servicer in any such Monthly Report or Payment Date Report, as applicable, for such calendar month, within two (2) Business Days of the receipt thereof. The Collateral Agent shall review the Monthly Report to ensure that it is complete on its face and, based solely on the information provided on the related Data File, that the following items in such Monthly Report have been accurately calculated, if applicable, and reported: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Advance Rate Test, (v) each Collateral Quality Test, (vi) each Coverage Test, (vii) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (viii) Interest Collection Subaccount and Principal Collection Subaccount balances, (ix) completion of fields in the loan list per the form of the Monthly Report and (x) other information as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such confirmation (or report showing discrepancies) from the Collateral Agent and in any event by no later than the Monthly Reporting Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in Lenders the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in that is agreed to by the Servicer, the Administrative Agent and the Collateral set forth in Schedule 2Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Credit and Security Agreement (Pennantpark Investment Corp)

Monthly. Not later than the second (2nd) Business Day prior to each Payment Date (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the prior calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021April 2022. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth in Schedule 2, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a). Each Monthly Report shall constitute instructions to the Collateral Agent to withdraw funds from the Collection Account and pay or transfer such amounts set forth in the Monthly Report in the manner specified and in accordance with the Priority of Payments.

Appears in 1 contract

Samples: Credit and Security Agreement (Apollo Debt Solutions BDC)

Monthly. Not later than the second (2nd) 10th Business Day prior to after the 6th calendar day of each calendar month (other than any month in which a Payment Date (occurs) and commencing in September 2021, for so long as the “Monthly Reporting Date”), Notes remain outstanding the Borrower Issuer shall compile and provide make available (or cause to be compiled and provided) made available), including by providing access to the Administrative Agent and Trustee’s website containing such document, to the Equityholder a monthly report Rating Agency, Intex Solutions, Inc. (which includes a Borrowing Base Calculation Statement prepared or any other similar service providers as determined by the Collateral Manager in its reasonable judgment), Valitana LLC, Bloomberg, the Trustee, the Collateral Manager, each Hedge Counterparty and provided the Initial Purchaser and, upon written request therefor, to any Holder shown on the Register and, upon written notice to the Collateral Administrator for inclusion Trustee in the Monthly Report) form of Exhibit F, any beneficial owner of a Note, a monthly report on a trade date basis (each, each such report a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last 6th calendar day of the prior current calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall will contain the following information with respect to the Collateral Loans Obligations and Eligible Investments included in the Collateral set forth in Schedule 2Assets, and shall will be determined as of the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) : (i) an accounting determined as Aggregate Principal Amount of the close of business on each Determination Date preceding a Payment Date Collateral Obligations and Eligible Investments representing Principal Proceeds. (ii) a statement notifying Adjusted Collateral Principal Amount of any amendmentCollateral Obligations. (iii) Collateral Principal Amount of Collateral Obligations. (iv) A list of Collateral Obligations, modification or waiver under any Related Document for including, with respect to each such Collateral Loan that constitutes a Material Modification that became effective since Obligation, the immediately preceding Monthly Report following information: (orA) The Obligor thereon (including the issuer ticker, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(aif any).;

Appears in 1 contract

Samples: Blackstone Private Credit Fund

Monthly. Not later than the second 27th calendar day (2ndor, if such day is not a Business Day, on the next succeeding Business Day) Business Day prior to of each Payment Date calendar month (the “Monthly Reporting Date”)other than January, April, July and October in each year) and commencing in April 2024, the Borrower Issuer shall compile and provide (or cause to be compiled compiled) and provided) give to the Administrative Agent Collateral Manager, the Loan Agents and the Equityholder Trustee (who shall make available to S&P, Euronext Dublin (so long as any Debt is listed on Euronext Dublin and so long as the guidelines of such exchange so require), Xxxxx’x Analytics, Inc., the Placement Agent, the Co-Placement Agent, any other Holder shown in the Registers for any Debt, any beneficial owner of any Debt who has delivered a Beneficial Ownership Certificate to the Trustee and the Investor Information Services by posting such report to its website), a monthly report on a trade date basis (which includes a Borrowing Base Calculation Statement prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, each such report a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar seventh day of the prior such calendar month. The first Monthly Report shall be delivered prior to ; provided, that if such seventh day is not a Business Day, the second next succeeding Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021Day. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the following information with respect to the Collateral Loans Obligations and Eligible Investments included in the Assets, based on information provided by the Collateral set forth in Schedule 2Manager, and shall be determined as of the close of business on the Monthly Report Determination Date for such calendar month. In addition, the Borrower shall provide in each Monthly Report (or supplement thereto) : (i) an accounting determined as Aggregate Principal Balance of Collateral Obligations, the aggregate unfunded commitments of the close of business Collateral Obligations, any capitalized interest on each Determination Date preceding a Payment Date the Collateral Obligations and Eligible Investments representing Principal Proceeds. (ii) Adjusted Collateral Principal Amount of Collateral Obligations. (iii) Collateral Principal Amount of Collateral Obligations. (iv) A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the following information: (A) The obligor thereon (including the issuer ticker, if any); (B) The number, identity, Bloomberg Loan ID, FIGI, ISIN, Loan/X, CUSIP or security identifier thereof (as applicable); (C) The Principal Balance thereof (other than any accrued interest that was purchased with Principal Proceeds) and any unfunded commitment pertaining thereto; (D) The percentage of the aggregate Collateral Principal Amount represented by such Collateral Obligation; (E) (x) The related interest rate or spread (in the case of a statement notifying Reference Rate Floor Obligation, calculated both with and without regard to the excess of any amendmentapplicable specified “floor” rate per annum over the Reference Rate in effect for the current Interest Accrual Period), modification or waiver under any Related Document for each (y) if such Collateral Loan that constitutes Obligation is a Material Modification that became effective since Reference Rate Floor Obligation, the immediately preceding Monthly Report related reference rate floor and (or, in respect z) the identity of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).any

Appears in 1 contract

Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)

Monthly. Not later than the second (2nd) Business Day On or prior to the 20th calendar day of each Payment Date calendar month, beginning with November 2023 (such date, the “Monthly Reporting Date”), the Borrower Collateral Agent shall compile and provide (or cause to be compiled and provided) to the Administrative Agent Agents, the Equityholder, the Borrower and the Equityholder Lenders, a monthly report (which includes a Borrowing Base Calculation Statement prepared by for the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.098.07. The Borrower Investment Advisor shall compile and provide (or cause to be compiled and provided) to the Administrative Collateral Agent and information as is reasonably requested by the Collateral Administrator a loan data file Agent or necessary to produce the Monthly Report. The Collateral Agent shall, based, in part, on the information provided to it, calculate: (the “Data File”i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) each Coverage Test, (vi) for any Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (vii) balances for each of the previous monthly period ending on the Monthly Report Determination Date Covered Accounts, (containing viii) EOD Borrowing Base, (ix) EOD OC Ratio, (x) EOD OC Ratio Breach, (xi) Distribution Borrowing Base and (xii) such information other calculations as may be mutually agreed upon by the Borrower (or the Collateral Manager on its behalf)Agent, the Collateral Administrator Investment Advisor and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than fifteen (15) Business Days following the Monthly Reporting Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day) will be the last calendar day of the prior such calendar month. The first Monthly Report shall be delivered prior to the second Business Day preceding the Payment Date occurring in February 2021 and shall be used in connection with the payments to be made on the Payment Date occurring in February 2021. The Monthly Report for a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans Assets and Eligible Investments included in the Collateral set forth in Schedule 2that is agreed to by the Investment Advisor, the Administrative Agent and the Collateral Agent from time to time, and shall be determined as of the Monthly Report Determination Date for such calendar month. The Investment Advisor shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and each daily report delivered pursuant to Section 8.07(c) below. Without limiting the generality of the foregoing, the Investment Advisor shall timely supply any information maintained by it that the Collateral Agent may from time to time reasonably request and reasonably needs to complete the calculations and reports required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder In addition, the Borrower shall provide (or cause to be provided) in each Monthly Report (or supplement thereto) (i) an accounting determined as of the close of business on each Determination Date preceding a Payment Date and (ii) a statement notifying of any setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan Asset that constitutes a Material Modification that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) unless previously disclosed under Section 5.01(d)(vii) or 8.09(a).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.)

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