Monthly. Not later than two (2) Business Days prior to each Payment Date, beginning with August 2024 (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five (5) Business Days prior to the Monthly Reporting Date. The Collateral Agent shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf), re-calculate the calculations in clauses (i) through (xvi) below made by the Servicer in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report. The Collateral Agent shall re-calculate pursuant to the preceding sentence: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1A Borrowing Base, (vi) Class 1B Borrowing Base, (vii) Class 2A Borrowing Base, (viii) Class 2B Borrowing Base, (ix) Class 3A Borrowing Base, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xiv) Class 1B OC Ratio, (xv) Class 2A OC Ratio, (xvi) Class 2B OC Ratio, (xvii) Class 3A OC Ratio, (xviii) Class 3B OC Ratio, (xix) Class 4A OC Ratio, (xx) Class 4B OC Ratio, (xxi) each Class Minimum OC Coverage Test, (xxii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxiv) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxv) balances for each of the Covered Accounts and (xxvi) such other calculations as may be mutually agreed upon by the Collateral Agent, the 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 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 will be the last day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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.
Appears in 2 contracts
Sources: Credit Agreement (T. Rowe Price OHA Select Private Credit Fund), Credit Agreement (T. Rowe Price OHA Select Private Credit Fund)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 Tranche A Borrowing Base, (vi) Class 1B Tranche B Borrowing Base, (vii) Class 2A Tranche C Borrowing Base, (viii) Class 2B Borrowing BaseTranche A OC Ratio, (ix) Class 3A Borrowing BaseTranche B OC Ratio, (x) Class 3B Borrowing BaseTranche C OC Ratio, (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 Tranche Minimum OC Coverage Test, (xxiixii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxivxiii) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxiv) balances for each of the Covered Accounts and (xxvixv) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund), Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 May 2023 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Collateral Manager and the Administrative Agent. The Servicer Collateral Manager shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent and the Administrative Agent). The Servicer 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 Servicer Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xvixiv) below made by the Servicer 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 Servicer 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) 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, (xxiiivi) the Collateral Quality Test, (xxivvii) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvviii) balances for each of the Covered Accounts and Accounts, (xxviix) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer Collateral Manager and the Administrative AgentAgent 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 ▇▇▇▇▇’▇ 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 the Monthly Reporting Date, the Servicer 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the ServicerCollateral 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 a statement 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).
Appears in 1 contract
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 July 2025 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative Collateral Agent. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 (xvixvii) 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 1 Borrowing Base, (vi) Class 1B 2 Borrowing Base, (vii) Class 2A 3 Borrowing Base, (viii) Class 2B 4 Borrowing Base, (ix) Class 3A Borrowing Base1 OC Ratio, (x) Class 3B Borrowing Base2 OC Ratio, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A 3 OC Ratio, (xivxi) Class 1B 4 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, (xxixii) each Class Minimum OC Coverage Test, (xxiixiii) each the Minimum OC Coverage Test, (xxiiixiv) the Collateral Quality Test, (xxivxv) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxvi) balances for each of the Covered Accounts Accounts, (xvii) the Interest Coverage Ratio Test and (xxvixviii) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain Day) will be the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 last day 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 a statement 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.The Monthly
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
Monthly. Not later than two (2) Business Days prior to the 15th calendar day of each Payment Datecalendar month, beginning with August 2024 February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 Tranche A Borrowing Base, (vi) Class 1B Tranche B Borrowing Base, (vii) Class 2A Tranche C Borrowing Base, (viii) Class 2B Borrowing BaseTranche A OC Ratio, (ix) Class 3A Borrowing BaseTranche B OC Ratio, (x) Class 3B Borrowing BaseTranche C OC Ratio, (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 Tranche Minimum OC Coverage Test, (xxiixii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxivxiii) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxiv) balances for each of the Covered Accounts and (xxvixv) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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). USActive 51774144.2053776213.6-103-
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with September 2021 (other than February, May, August 2024 and November in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 4A Borrowing Base1A OC Ratio, (xii) Class 4B Borrowing Base Class1B OC Ratio, (xiii) Class 1A 2A OC Ratio, (xiv) Class 1B 2B OC Ratio, (xv) Class 2A 3A OC Ratio, (xvi) Class 2B 3B 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, (xxiixviii) each Coverage Test, (xxiiixix) the Collateral Quality Test, (xxivxx) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvxxi) balances for each of the Covered Accounts and (xxvixxii) 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 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Barings Private Credit Corp)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative AgentCollateral Administrator. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent Administrator and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 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 Administrative Agent Collateral Administrator in the event of any discrepancy between the Collateral Administrative Agent’s calculations and the Monthly Report and Payment Date Report. The Collateral 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 1A 1 Borrowing Base, (vi) Class 1B 1A Borrowing Base, (vii) Class 2A 2 Borrowing Base, (viii) Class 2B 3 Borrowing Base, (ix) Class 3A Borrowing Base1 OC Ratio, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xivxi) Class 1B 2 OC Ratio, (xvxii) Class 2A 3 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, (xxixiii) each Class Minimum OC Coverage Test, (xxiixiv) each Coverage Test, (xxiii) the Collateral Quality Test, (xxivxv) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxvi) balances for each of the Covered Accounts and (xxvixvii) such other calculations as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Administrative 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 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 day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (OFS Capital Corp)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 May 2023 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Collateral Manager and the Administrative Agent. The Servicer Collateral Manager shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent and the Administrative Agent). The Servicer 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 Servicer Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xvixiv) below made by the Servicer 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 Servicer 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) 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, (xxiiivi) the Collateral Quality Test, (xxivvii) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvviii) balances for each of the Covered Accounts and Accounts, (xxviix) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer Collateral Manager and the Administrative AgentAgent 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 ▇▇▇▇▇’▇ 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 the Monthly Reporting Date, the Servicer 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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.and
Appears in 1 contract
Monthly. Not later than two five (25) Business Days prior to the 20the day of each Payment Datecalendar month, beginning with August 2024 January 2026 (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent8.06. The Servicer Collateral Manager shall compile and provide to the Collateral Agent Administrator and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent Administrator and the Administrative Agent). The Servicer Collateral Manager shall provide (or cause to be provided) the Data File to the Collateral Administrator and the Administrative Agent at least five (5x) seven (7) Business Days prior to the January 2026 Monthly Reporting Date and (y) eight (8) Business Days prior to any subsequent Monthly Reporting Date. The Collateral Agent Administrator shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf)Collateral Manager, re-calculate confirm the calculations in clauses (i) through (xvixii) below made by the Servicer Collateral Manager in any such Monthly Report for such calendar month, within two three (23) Business Days of the receipt thereof and notify the Servicer shall review and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and verify the Monthly Report. The Collateral Agent shall re-calculate pursuant Report to ensure that it is complete on its face and, based solely on the preceding sentenceinformation 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 Available Amount, (v) Class 1A Borrowing BaseNet Aggregate Exposure Amount, (vi) Class 1B Borrowing Baseeach Collateral Quality Test, (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, (xxiiiviii) the Collateral Quality Maximum Advance Rate Default Test, (xxivix) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvx) balances for each of the Covered Accounts Interest Collection Account, Principal Collection Account and Revolving Reserve Account balances, and (xxvixi) such other calculations information as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer Collateral Manager and the Administrative AgentAgent prior to the Closing Date. Upon receipt of such notice reporting and confirmation (or report showing discrepancies, if any, ) by the Collateral Manager and the Administrative Agent from the Collateral Agent Administrator, and in any event by no later than the Monthly Reporting Date, the Servicer Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Monthly ReportReport not later than five (5) Business Days prior to such Payment Date. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of such calendar month (or, if such day is not a Business Day, the next Business Day).The most recently completed Collection Period. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to timeset 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 a statement setting forth in reasonable detail each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification Modification, to the knowledge of the Borrower, that became effective since the immediately preceding Monthly Report (or, in respect of the first Monthly Report, from the Closing Date).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Apollo Debt Solutions BDC)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with July 2023 (other than February, May, August 2024 and November in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five (5) Business Days prior to the Monthly Reporting Date 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 Monthly 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 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (T. Rowe Price OHA Select Private Credit Fund)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 January, 2025 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative Collateral Agent. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 (xvixvii) 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 1 Borrowing Base, (vi) Class 1B 2 Borrowing Base, (vii) Class 2A 3 Borrowing Base, (viii) Class 2B 4 Borrowing Base, (ix) Class 3A 5 Borrowing Base, (x) Class 3B Borrowing Base1 OC Ratio, (xi) Class 4A Borrowing Base2 OC Ratio, (xii) Class 4B Borrowing Base Class3 OC Ratio, (xiii) Class 1A 4 OC Ratio, (xiv) Class 1B 5 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, (xxiixvi) each the Minimum OC Coverage Test, (xxiiixvii)vi) the Interest Coverage Ratio Test, (xviii)vii) the Collateral Quality Test, (xxivxixviii) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxxix) balances for each of the Covered Accounts and (xxvixxix) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (KKR FS Income Trust Select)
Monthly. Not later than two (2) Business Days prior to the 15th calendar day of each Payment Datecalendar month, beginning with August 2024 February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 Tranche A Borrowing Base, (vi) Class 1B Tranche B Borrowing Base, (vii) Class 2A Tranche C Borrowing Base, (viii) Class 2B Borrowing BaseTranche A OC Ratio, (ix) Class 3A Borrowing BaseTranche B OC Ratio, (x) Class 3B Borrowing BaseTranche C OC Ratio, (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 Tranche Minimum OC Coverage Test, (xxiixii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxivxiii) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxiv) balances for each of the Covered Accounts and (xxvixv) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Monthly. Not later than two (2) Business Days prior to the 24th day of each Payment Datecalendar month, beginning with August 2024 January 2023 (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent8.06. The Servicer Collateral Manager shall compile and provide to the Collateral Agent Administrator and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent Administrator and the Administrative Agent). The Servicer Collateral Manager shall provide (or cause to be provided) the Data File to the Collateral Administrator and the Administrative Agent at least five six (56) Business Days prior to the Monthly Reporting Date. The Collateral Agent Administrator shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf)Collateral Manager, re-calculate confirm the calculations in clauses (i) through (xvixii) below made by the Servicer Collateral Manager in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer shall review and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and verify the Monthly Report. The Collateral Agent shall re-calculate pursuant Report to ensure that it is complete on its face and, based solely on the preceding sentenceinformation 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 Available Amount, (v) Class 1A Borrowing BaseNet Aggregate Exposure Amount, (vi) Class 1B Borrowing Baseeach Collateral Quality Test, (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, (xxiiiviii) the Collateral Quality Maximum Advance Rate Default Test, (xxivix) for any Monthly Report Collateral Default Ratio, (x) completion of Priority of Payments pursuant to Section 9.01(a), (xxvxi) balances for each of the Covered Accounts Interest Collection Account, Principal Collection Account and Revolving Reserve Account balances, and (xxvixii) such other calculations information as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer Collateral Manager and the Administrative Agent. Upon receipt of such notice reporting and confirmation (or report showing discrepancies, if any, ) by the Collateral Manager and the Administrative Agent from the Collateral Agent Administrator, and in any event by no later than the Monthly Reporting Date, the Servicer 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 day 5th Business Day of such calendar month (or, if such day is not a Business Day, the next Business Day).The month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to timeset 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Main Street Capital CORP)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 January, 2025 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative Collateral Agent. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 (xvixvii) 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 1 Borrowing Base, (vi) Class 1B 2 Borrowing Base, (vii) Class 2A 3 Borrowing Base, (viii) Class 2B 4 Borrowing Base, (ix) Class 3A 5 Borrowing Base, (x) Class 3B Borrowing Base1 OC Ratio, (xi) Class 4A Borrowing Base2 OC Ratio, (xii) Class 4B Borrowing Base Class3 OC Ratio, (xiii) Class 1A 4 OC Ratio, (xiv) Class 1B 5 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, (xxiixvi) each the Minimum OC Coverage Test, (xxiiixvii) the Interest Coverage Ratio Test, (xviii) the Collateral Quality Test, (xxivxix) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxx) balances for each of the Covered Accounts and (xxvixxi) 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 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 will be the last day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (KKR FS Income Trust Select)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 May 2019 (other than any month in which a Payment Date occurs) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.078.06, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative 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 H F for the previous monthly period ending on the Monthly Report Determination Date (containing such additional information agreed upon that is reasonably requested from time to time by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 confirm the calculations in clauses (i) through (xvix) 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 Reportthereof. The Collateral Agent shall re-calculate pursuant review the Monthly Report to ensure that it is complete on its face and, based solely on the preceding sentenceinformation 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 Available AmountAdvance Rate Test, (v) Class 1A Borrowing Baseeach Collateral Quality Test, (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, (xxivvii) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvviii) balances for each Interest Collection Subaccount and Principal Collection Subaccount balances, (ix) completion of fields in the loan list per the form of the Covered Accounts Monthly Report and (xxvix) such other calculations information as may be mutually agreed upon by the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and confirmation (or report showing discrepancies, if any, ) 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 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 day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Pennantpark Investment Corp)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 March 2026 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative AgentCollateral Administrator. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent Administrator and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 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 Administrative Agent Collateral Administrator in the event of any discrepancy between the Collateral Administrative Agent’s calculations and the Monthly Report and Payment Date Report. The Collateral 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 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, (xxivvi) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvvii) balances for each of the Covered Accounts and (xxviviii) such other calculations as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Administrative 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 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 day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (OFS Capital Corp)
Monthly. Not later than two (2) Business Days prior to the 24th calendar day of each Payment Datecalendar month, beginning with August 2024 October 2025 (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent8.06. The Servicer shall compile and provide to the Collateral Agent Administrator and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower, the Servicer, the Collateral Agent Administrator and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Borrower, the Collateral Administrator and the Administrative Agent at least five six (56) Business Days prior to the Monthly Reporting Date. The Collateral Agent Administrator shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf)Servicer, re-calculate confirm the calculations in clauses (i) through (xvix) below made by the Servicer in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Reportthereof. The Collateral Agent shall re-calculate pursuant review and verify the Monthly Report to ensure that it is complete on its face and, based solely on the preceding sentenceinformation 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 Available Amount, (v) Class 1A Borrowing BaseNet Revolving Exposure Amount, (vi) Class 1B Borrowing Baseeach Collateral Quality Test, (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, (xxiiiviii) the Collateral Quality Maximum Advance Rate Default Test, (xxivix) for any Monthly Report Collateral Default Ratio, (x) completion of Priority of Payments pursuant to Section 9.01(a), (xxvxi) balances for each of the Covered Accounts Interest Collection Account, Principal Collection Account and Revolving Reserve Account balances, and (xxvixii) such other calculations information as may be mutually agreed upon by the Collateral AgentAdministrator, the Borrower, the Servicer and the Administrative Agent. Notwithstanding the foregoing, the Collateral Agent shall not be responsible for calculating any amounts payable to the Fund pursuant to Section 9.01(a)(i)(D)(1), Section 9.01(a)(i)(J), Section 9.01(a)(iii)(C)(1) or Section 9.01(a)(iii)(G)(1) or amounts payable to the Borrower pursuant to Section 9.01(a)(i)(K), Section 9.01(a)(ii)(B), Section 9.01(a)(ii)(E) or Section 9.01(a)(iii)(H), it being understood and agreed that the Servicer shall be providing the allocation of such amounts payable to the Fund and the Borrower in each Monthly Report on which the Collateral Administrator and the Collateral Agent may conclusively rely. Upon receipt of such notice reporting and confirmation (or report showing discrepancies) by the Borrower, if any, Servicer and the Administrative Agent from the Collateral Agent Administrator, 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 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 day 5th Business Day of such calendar month (or, if such day is not a Business Day, the next Business Day).The month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to timeset 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Remora Capital Corp)
Monthly. Not later than two (2) Business Days prior to each Payment Date, beginning with August 2024 (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior 15th calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five (5) Business Days prior to the Monthly Reporting Date. The Collateral Agent shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf), re-calculate the calculations in clauses (i) through (xvi) below made by the Servicer in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report. The Collateral Agent shall re-calculate pursuant to the preceding sentence: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1A Borrowing Base, (vi) Class 1B Borrowing Base, (vii) Class 2A Borrowing Base, (viii) Class 2B Borrowing Base, (ix) Class 3A Borrowing Base, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xiv) Class 1B OC Ratio, (xv) Class 2A OC Ratio, (xvi) Class 2B OC Ratio, (xvii) Class 3A OC Ratio, (xviii) Class 3B OC Ratio, (xix) Class 4A OC Ratio, (xx) Class 4B OC Ratio, (xxi) each Class Minimum OC Coverage Test, (xxii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxiv) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxv) balances for each of the Covered Accounts and (xxvi) such other calculations as may be mutually agreed upon by the Collateral Agent, the 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 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 will be the last day of such calendar month (or, if such day is not a Business Day, on the next succeeding Business Day).The Day) of each calendar month (other than, after the Effective Date, January, April, July and October in each year) and commencing in June 2013, the Issuer shall compile and make available (or cause to be compiled and made available) to each Rating Agency, the Trustee, the Portfolio Manager, the Designated Successor Manager, the Placement Agent, the CLO Information Service and, upon written request therefor, to any Holder of Notes and, upon written notice to the Trustee in the form of Exhibit I, any beneficial owner of a Note, a monthly report on a trade date basis (each such report a "Monthly Report"). As used herein, the "Monthly Report Determination Date" with respect to any calendar month will be the 8th Business Day prior to the 15th day of such calendar month. For the avoidance of doubt, the first Monthly Report shall be delivered in June 2013 as described above and shall be determined with respect to the Monthly Report Determination Date that is the 8th Business Day prior to the 15th calendar day of June 2013. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Loans Obligations and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to timeAssets, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition; provided that the Monthly Report delivered in the calendar months prior to the Effective Date shall contain only the information described in clauses (iii), (iv)(A), (iv)(C), (iv)(D) and (ix) below:
(i) Aggregate Principal Balance of 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 Borrower shall provide following information:
(A) The obligor thereon (including the issuer ticker, if any);
(B) The CUSIP or cause security identifier thereof;
(C) The Principal Balance thereof (other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest));
(D) The percentage of the aggregate Collateral Principal Amount represented by such Collateral Obligation;
(E) The related interest rate or spread;
(F) The LIBOR floor, if any;
(G) The stated maturity thereof;
(H) The related Moody's Industry Classification;
(I) The related S&P Industry Classification;
(J) The ▇▇▇▇▇'▇ Rating, unless such rating is based on a credit estimate unpublished by Moody's (and, in the event of a downgrade or withdrawal of the applicable ▇▇▇▇▇'▇ Rating, the prior rating and the date such ▇▇▇▇▇'▇ Rating was changed), and whether such ▇▇▇▇▇'▇ Rating is derived from an S&P Rating as provided in clause (e)(i)(A) or (B) of the definition of the term "Moody's Derived Rating";
(K) The Moody's Default Probability Rating, and whether such Moody's Default Probability Rating is derived from a public rating, a rating estimate, a private rating or an S&P Rating as provided in clause (e)(i)(A) or (B) of the definition of the term "Moody's Derived Rating";
(L) The S&P Rating, unless such rating is based on a credit estimate or is a private or confidential rating from S&P;
(M) The country of Domicile;
(N) An indication as to whether each such Collateral Obligation is (1) a Senior Secured Loan, (2) a Second Lien Loan, (3) a Defaulted Obligation, (4) a Delayed Drawdown Collateral Obligation, (5) a Revolving Collateral Obligation, (6) a Participation Interest (indicating the related Selling Institution and its ratings by each Rating Agency), (7) a Partial Deferrable Security, (8) a Current Pay Obligation, (9) a DIP Collateral Obligation, (10) a Discount Obligation, (11) a Cov-Lite Loan, (12) a Senior Secured Bond, (13) excluded from constituting a Cov-Lite Loan if such Collateral Obligation falls within clause (b) of the definition of "Cov-Lite Loan") or (14) a Letter of Credit Reimbursement Obligation (indicating the LC Commitment Amount thereunder, the related LOC Agent Bank and its ratings by each Rating Agency);
(O) The Aggregate Principal Balance of all Cov-Lite Loans;
(P) The Moody's Recovery Rate;
(Q) The S&P Recovery Rate;
(R) (I) Whether the settlement date with respect to such Collateral Obligation has occurred and (II) such settlement date, if it has occurred; and
(S) The identity and Principal Balance (other than any accrued interest that is expected to be providedpurchased with Principal Proceeds (but excluding any capitalized interest)) in of each Collateral Obligation that the Issuer has committed to purchase (and the date of such commitment to purchase) for which the settlement date has not yet occurred.
(v) If the Monthly Report Determination Date occurs on or after the Effective Date, for each of the limitations and tests specified in the definitions of Concentration Limitations and Collateral Quality Test, (1) the result, (2) the related minimum or maximum test level (including any Moody's Weighted Average Recovery Adjustment, if applicable, indicating to which test such Moody's Weighted Average Recovery Adjustment was allocated) and (3) a statement determination as to whether such result satisfies the related test.
(vi) If the Monthly Report Determination Date occurs after the Reinvestment Period, the stated maturity of each Reinvestable Obligation and the stated maturity of each Substitute Obligation (which shall be on a separate dedicated page) purchased during the calendar month with the reinvested Principal Proceeds from such Reinvestable Obligations, and setting forth in reasonable detail respect of each amendmentSubstitute Obligation, modification compliance with the test set forth under Section 12.2(e)(ii).
(vii) The calculation of each of the following:
(A) Each Interest Coverage Ratio (and setting forth the percentage required to satisfy each Interest Coverage Test);
(B) Each Overcollateralization Ratio (and setting forth the percentage required to satisfy each Overcollateralization Ratio Test);
(C) The Interest Diversion Test (and setting forth the percentage required to satisfy the Interest Diversion Test); and
(D) The Weighted Average Floating Spread that is calculated for purposes of the S&P CDO Monitor Test.
(viii) The calculation specified in Section 5.1(g).
(ix) For each Account, a schedule showing the beginning balance, each credit or waiver under any Related Document debit specifying the nature, source and amount, and the ending balance.
(x) A schedule showing for each Collateral Loan that constitutes a Material Modification that became effective since of the following the beginning balance, the amount of Interest Proceeds received from the date of determination of the immediately preceding Monthly Report, and the ending balance for the current Measurement Date:
(A) Interest Proceeds from Collateral Obligations; and
(B) Interest Proceeds from Eligible Investments.
(xi) Purchases and sales:
(A) The identity, Principal Balance (other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)), Principal Proceeds and Interest Proceeds received, and date for (X) each Collateral Obligation that was released for sale or disposition pursuant to Section 12.1 since the last Monthly Report Determination Date and (Y) after the Reinvestment Period, each prepayment or redemption of a Collateral Obligation, and in the case of (X), whether such Collateral Obligation was a Credit Risk Obligation or a Credit Improved Obligation or whether the sale of such Collateral Obligation was a discretionary sale; and
(B) The identity, Principal Balance (other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)), and Principal Proceeds and Interest Proceeds expended to acquire each Collateral Obligation acquired pursuant to Section 12.2 since the last Monthly Report Determination Date.
(xii) The identity of each Defaulted Obligation, the Moody's and S&P Collateral Value and Market Value of each such Defaulted Obligation and date of default thereof.
(xiii) The identity of each Collateral Obligation with an S&P Rating of "CCC+" or below and/or a Moody's Default Probability Rating of "Caa1" or below and the Market Value of each such Collateral Obligation.
(xiv) The identity of each Deferring Security, the Moody's and S&P Collateral Value and Market Value of each Deferring Security, and the date on which interest was last paid in full in Cash thereon.
(xv) The identity of each Current Pay Obligation, the Market Value of each such Current Pay Obligation, and the percentage of the Collateral Principal Amount comprised of Current Pay Obligations.
(xvi) The Aggregate Principal Balance, measured cumulatively from the Closing Date onward, of all Collateral Obligations that would have been acquired through a Distressed Exchange but for the operation of the proviso in the definition of "Distressed Exchange".
(xvii) The Weighted Average ▇▇▇▇▇'▇ Rating Factor and the Adjusted Weighted Average ▇▇▇▇▇'▇ Rating Factor.
(xviii) The identity, stated maturity and credit ratings of each Eligible Investment.
(xix) The identity of each Collateral Obligation that is a First Lien Last Out Loan.
(xx) With respect to a Deferrable Security or Partial Deferrable Security, that portion of deferred or capitalized interest that remains unpaid and is included in the calculation of the Principal Balance of such Deferrable Security or Partial Deferrable Security.
(xxi) The identity of each Collateral Obligation subject to a Trading Plan, together with the (x) identity of each sale and proposed investment related thereto and (y) the Aggregate Principal Balance of all such Collateral Obligations.
(xxii) The currently selected S&P CDO Monitor case.
(xxiii) With respect to any Blocker Subsidiary: (A) the identity of each Collateral Obligation or portion thereof held by such Blocker Subsidiary; and (B) the identity of each Collateral Obligation or portion thereof transferred to or from such Blocker Subsidiary pursuant to Section 12.1(j) since the last Monthly Report Determination Date.
(xxiv) Any purchase and sale transaction between the Issuer and any Affiliate of the Portfolio Manager.
(xxv) Such other information as any Rating Agency or the Portfolio Manager may reasonably request. Upon receipt of each Monthly Report, the Trustee shall (a) if the relevant Monthly Report Determination Date occurred on or prior to the last day of the Reinvestment Period, notify S&P if such Monthly Report indicates that the S&P CDO Monitor Test has not been satisfied as of the relevant Measurement Date (which notice requirement shall be satisfied upon the posting of such Monthly Report to the 17g-5 Website by the Information Agent) and (b) compare the information contained in such Monthly Report to the information contained in its records with respect to the Assets and shall, within three Business Days after receipt of such Monthly Report, notify the Issuer, the Collateral Administrator, the Rating Agencies and the Portfolio Manager if the information contained in the Monthly Report does not conform to the information maintained by the Trustee with respect to the Assets. In the event that any discrepancy exists, the Trustee and the Issuer, or the Portfolio Manager on behalf of the Issuer, shall attempt to resolve the discrepancy. If such discrepancy cannot be promptly resolved, the Trustee shall within five Business Days notify the Portfolio Manager who shall, on behalf of the Issuer, request that the Independent certified public accountants selected by the Issuer pursuant to Section 10.8 perform agreed-upon procedures on the Monthly Report and the Trustee's records to determine the cause of such discrepancy. If such procedures reveals an error in the Monthly Report or the Trustee's records, the Monthly Report or the Trustee's records shall be revised accordingly and, as so revised, shall be utilized in making all calculations pursuant to this Indenture and notice of any error in the Monthly Report shall be sent as soon as practicable by the Issuer to all recipients of such report which may be accomplished by making a notation of such error in the subsequent Monthly Report.
Appears in 1 contract
Sources: Indenture (JMP Group Inc.)
Monthly. Not later than two the 25th calendar day (2or, if such day is not a Business Day, on the next succeeding Business Day) Business Days prior to of each Payment Date, beginning with August 2024 calendar month (such dateother than any month in which a Distribution Report is made available) and commencing in September 2025, the “Monthly Reporting Date”), the Servicer Issuer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five (5) Business Days prior to the Monthly Reporting Date. The Collateral Agent shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer on its behalf), re-calculate the calculations in clauses (i) through (xvi) below made by the Servicer in any such Monthly Report for such calendar month, within two (2) Business Days of the receipt thereof and notify the Servicer and the Administrative Agent in the event of any discrepancy between the Collateral Agent’s calculations and the Monthly Report. The Collateral Agent shall re-calculate pursuant to the preceding sentence: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1A Borrowing Base, (vi) Class 1B Borrowing Base, (vii) Class 2A Borrowing Base, (viii) Class 2B Borrowing Base, (ix) Class 3A Borrowing Base, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xiv) Class 1B OC Ratio, (xv) Class 2A OC Ratio, (xvi) Class 2B OC Ratio, (xvii) Class 3A OC Ratio, (xviii) Class 3B OC Ratio, (xix) Class 4A OC Ratio, (xx) Class 4B OC Ratio, (xxi) each Class Minimum OC Coverage Test, (xxii) each Coverage Test, (xxiii) the Collateral Quality Test, (xxiv) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxv) balances for each of the Covered Accounts and (xxvi) such other calculations as may be mutually agreed upon by the Collateral Agent, the 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 the Monthly Reporting Date, the Servicer shall compile and provide make available (or cause to be compiled and providedmade available) to the Agents and Rating Agency, the Lenders Trustee, the Investment Manager, the Placement Agent and, upon written request therefor, to any Holder shown on the Notes Register or the Loan Register, as applicable, and, upon written instruction (which may be in the form of standing instructions) from the Investment Manager, the Investor Information Service, and, upon written notice to the Trustee in the form of Exhibit D, any beneficial owner of Debt, a monthly report on a trade date basis (each such report a “Monthly Report”). As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last 10th Business Day prior to the 25th day of such calendar month (or, if such day is not a Business Day, the next Business Day).The month. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Loans Obligations and Eligible Investments included in the Collateral and such other Assets, based in part on information that is agreed to provided by the Servicer, the Administrative Agent and the Collateral Agent from time to timeInvestment Manager, and shall be determined as of the Monthly Report Determination Date for such calendar month. In addition:
(i) Aggregate Principal Balance of Collateral Obligations and Eligible Investments representing Principal Proceeds.
(ii) Total Capitalization of Collateral Obligations.
(iii) Principal Collateralization Amount of Collateral Obligations.
(iv) A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the Borrower shall provide following information:
(A) The Obligor thereon (including the issuer ticker, if any);
(B) The CUSIP or cause security identifier thereof;
(C) The Principal Balance thereof (other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest));
(D) The percentage of the aggregate Total Capitalization represented by such Collateral Obligation;
(E) The related interest rate or spread (in the case of a Reference Rate Floor Obligation, calculated both with and without regard to be providedthe applicable specified “floor” rate per annum) and the identity of any Collateral Obligation that is not a Reference Rate Floor Obligation and for which interest is calculated with respect to an index other than the Benchmark;
(F) The stated maturity thereof;
(G) The related S&P Industry Classification
(H) The S&P Rating (including the source (e.g., public rating, derived from a publicly monitored rating by Moody’s, credit estimate or any other source)) and, in the case of a credit estimate, the date such credit estimate was last assigned by S&P;
(I) The Market Value of each Defaulted Obligation, Current Pay Obligation and Partial PIK Loan;
(J) The country of Domicile;
(K) An indication as to whether each such Collateral Obligation is (1) a Senior Secured Loan, (2) a First Lien Last-Out Loan, (3) a Second Lien Loan, (4) an Unsecured Loan, (5) a Defaulted Obligation, (6) a Delayed Drawdown Collateral Obligation, (7) a Revolving Collateral Obligation, (8) a Current Pay Obligation, (9) a Fixed Rate Obligation, (10) a DIP Collateral Obligation, (11) a Cov-Lite Loan and an Eligible Cov-Lite Loan, (12) a Participation Interest, (13) a Partial PIK Loan, (14) a Discount Obligation, (15) a CCC Collateral Obligation, (16) a Senior Secured Bond, (17) a Senior Secured Floating Rate Note or (18) a Deemed Rated Obligation;
(L) The S&P Recovery Rate;
(M) The Exposure Amount of Revolving Collateral Obligations and Delayed Drawdown Collateral Obligation;
(N) The Unsettled Amounts with respect thereto; and
(O) LoanX identification or LIN # (if any).
(v) If the Monthly Report Determination Date occurs on or prior to the last day of the Reinvestment Period, for each of the limitations and tests specified in the definitions of Concentration Limitations and Collateral Quality Test, (1) the result, (2) the related minimum or maximum test level and (3) a statement determination as to whether such result satisfies the related test.
(vi) The calculation of each of the following:
(A) The Interest Coverage Ratio (and setting forth in reasonable detail the percentage required to satisfy the Interest Coverage Test);
(B) Each Overcollateralization Ratio (and setting forth the percentage required to satisfy 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.Overcollateralization Ratio Test);
Appears in 1 contract
Sources: Indenture and Security Agreement (WhiteHorse Finance, Inc.)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 May 2023 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Collateral Manager and the Administrative Agent. The Servicer Collateral Manager shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent and the Administrative Agent). The Servicer 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 Servicer Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xvixiv) below made by the Servicer 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 Servicer 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) 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, (xxiiivi) the Collateral Quality Test, (xxivvii) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvviii) balances for each of the Covered Accounts and Accounts, (xxviix) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer Collateral Manager and the Administrative AgentAgent 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 ▇▇▇▇▇’▇ 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 the Monthly Reporting Date, the Servicer 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the ServicerCollateral 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 a statement 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).
Appears in 1 contract
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with September 2021 (other than February, May, August 2024 and November in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 4A Borrowing Base1A OC Ratio, (xii) Class 4B Borrowing Base Class1B OC Ratio, (xiii) Class 1A 2A OC Ratio, (xiv) Class 1B 2B OC Ratio, (xv) Class 2A 3A OC Ratio, (xvi) Class 2B 3B 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, (xxiixviii) each Coverage Test, (xxiiixix) the Collateral Quality Test, (xxivxx) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvxxi) balances for each of the Covered Accounts and (xxvixxii) 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 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Barings Private Credit Corp)
Monthly. Not later than two (2) Business Days prior to the 1520th calendar day of each Payment Datecalendar month, beginning with August 2024 February 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and the Administrative Agent. The Servicer shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 Tranche A Borrowing Base, (vi) Class 1B Tranche B Borrowing Base, (vii) Class 2A Tranche C Borrowing Base, (viii) Class 2B Borrowing BaseTranche A OC Ratio, (ix) Class 3A Borrowing Base, Tranche B shall provide promptly to the Administrative Agent a statement 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 (xincluding other rights of setoff) 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) that such Lender or their respective Affiliates may have. Each Lender agrees to notify the Collateral Quality Test, (xxiv) for any Monthly Report completion of Priority of Payments pursuant to Section 9.01(a), (xxv) balances for each of the Covered Accounts and (xxvi) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer Borrower and the Administrative Agent. Upon receipt Agent promptly after any such setoff and application, provided, that the failure to give such notice shall not affect the validity of such notice reporting setoff and showing discrepancies, if any, 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 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 day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and 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 a statement 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 Reportapplication.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 May 2023 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Collateral Manager and the Administrative Agent. The Servicer Collateral Manager shall compile and provide to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Agent and the Administrative Agent). The Servicer 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 Servicer Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xvixiv) below made by the Servicer 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 Servicer 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) 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, (xxiiivi) the Collateral Quality Test, (xxivvii) for any Monthly Payment Date Report completion of Priority of Payments pursuant to Section 9.01(a), (xxvviii) balances for each of the Covered Accounts and Accounts, (xxviix) such other calculations as may be mutually agreed upon by the Collateral Agent, the Servicer Collateral Manager 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 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 will be the last day of such calendar month (or, if such day is not a Business Day, the next Business Day).The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the (x) Adjusted Principal Balance of each Collateral Agent from time to time, and shall be determined Loan as of the Monthly Report Determination Date for end of such calendar month. In additionBusiness Day, (xi) the Borrower shall provide OC Ratio as of the end of such Business Day, (or cause to be providedxii) in each Monthly Report a statement setting forth in reasonable detail each amendmentthe Borrower’s compliance with the Concentration Limitations, modification or waiver under any Related Document for (xiii) the Loan Value of each Collateral Loan that constitutes a Material Modification that became effective since and (xiv) the immediately preceding Monthly Report.S&P
Appears in 1 contract
Monthly. Not later than two (2) Business Days prior to the 25th calendar day of each Payment Datecalendar month, beginning with August 2024 November 2025 (other than January, April, July and October in each year) (such date, the “Monthly Reporting Date”), the Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer and Collateral Manager, the Administrative Agent, the Collateral Administrator and the Collateral Agent. The Servicer Collateral Manager shall compile and provide (or cause to be provided) to the Collateral Agent Agent, the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H as agreed between the Administrative Agent and the Borrower on or prior to the Closing Date for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the ServicerCollateral Manager, the Collateral Administrator, the Collateral Agent and the Administrative Agent). The Servicer Collateral Manager shall provide (or cause to be provided) the Data File to the Collateral Administrator and the Collateral Agent at least five six (56) Business Days prior to the Monthly Reporting Date and, with respect to a Payment Date Report, at least six (6) Business Days prior to the Payment Date. The Collateral Agent Administrator shall use commercially reasonable efforts to review and, based solely on the Data File provided by the Borrower (or Servicer Collateral Manager on its behalf), re-calculate the calculations in clauses (i) through (xvixi) below made by the Servicer Collateral Manager in any such Monthly Report or Payment Date Report, as applicable, for such calendar month, within two five (25) Business Days of the receipt thereof and notify the Servicer Collateral Manager and the Administrative Agent in the event of any discrepancy between the Collateral AgentAdministrator’s calculations and the Monthly Report and Payment Date Report. The Collateral Agent Administrator 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 Basethe OC Ratio, (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 the Minimum OC Coverage Test, (xxiivii) each the Interest Coverage Ratio Test, (xxiiiviii) the Collateral Quality Test, (xxivix) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvx) balances for each of the Covered Accounts and (xxvixi) such other calculations as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer Collateral Manager and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Agent Administrator and in any event by no later than the Monthly Reporting Date, the Servicer 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 day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of the immediately prior calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the ServicerCollateral Manager, the Administrative Agent and the Collateral Agent 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 a statement 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). The Borrower shall also provide (or cause to be provided) in each Monthly Report, calculated as of the Monthly Report Determination Date, the aggregate outstanding principal amount of the Advances, the Foreign Currency Advance Amount, and any amounts by which (x) the aggregate principal amount of the Advances exceeds the Maximum Facility Amount and (y) the Foreign Currency Advance Amount exceeds the Non-Dollar Sublimit.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Lord Abbett Private Credit Fund S)
Monthly. Not later than two (2) Business Days prior to the 20th calendar day of each Payment Datecalendar month, beginning with August 2024 2019 (other than March, June, September and December in each year) (such date, the “Monthly Reporting Date”), the Servicer shall compile and provide (or cause to be provided) to the Agents and the Lenders, a monthly report for the prior calendar month (each, a “Monthly Report”) in accordance with this Section 8.07, which Monthly Report may be amended, modified or otherwise supplemented from time to time with the consent of the Servicer Servicer, the Administrative Agent and the Administrative AgentCollateral Administrator. The Servicer shall compile and provide (or cause to be provided) to the Collateral Agent and the Administrative Agent a loan data file (the “Data File”) in the form of Exhibit H for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Servicer, the Collateral Agent Administrator and the Administrative Agent). The Servicer shall provide (or cause to be provided) the Data File to the Collateral Agent at least five three (53) 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 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 Administrative Agent Collateral Administrator in the event of any discrepancy between the Collateral Administrative Agent’s calculations and the Monthly Report and Payment Date Report. The Collateral 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 1A 1 Borrowing Base, (vi) Class 1B 1A Borrowing Base, (vii) Class 2A 2 Borrowing Base, (viii) Class 2B 3 Borrowing Base, (ix) Class 3A Borrowing Base1 OC Ratio, (x) Class 3B Borrowing Base, (xi) Class 4A Borrowing Base, (xii) Class 4B Borrowing Base Class, (xiii) Class 1A OC Ratio, (xivxi) Class 1B 2 OC Ratio, (xvxii) Class 2A 3 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, (xxixiii) each Class Minimum OC Coverage Test, (xxiixiv) each Coverage Test, (xxiii) the Collateral Quality Test, (xxivxv) for any Monthly Report Payment Date Report, completion of Priority of Payments pursuant to Section 9.01(a), (xxvxvi) balances for each of the Covered Accounts and (xxvixvii) such other calculations as may be mutually agreed upon by the Collateral AgentAdministrator, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from the Collateral Administrative 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 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 day of such calendar month in which a Payment Date does not occur (or, if such day is not a Business Day, the next Business Day).The Day) will be the last day of such calendar month. The Monthly Report for a calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral and such other information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent 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 a statement 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).
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (OFS Capital Corp)