Common use of MV Cure Account Clause in Contracts

MV Cure Account. (a) The Company shall cause all cash received by it in connection with a Market Value Cure to be deposited in the MV Cure Account or remitted to the Securities Intermediary to credit to the MV Cure Account such amounts received by it (and identified in writing as such) immediately upon receipt thereof. Prior to the Maturity Date, all cash amounts in the MV Cure Account shall be invested in overnight Eligible Investments at the written direction of the Administrative Agent (as directed by the Required Lenders) provided to the Collateral Agent (for further direction by the Collateral Agent to the Securities Intermediary). All amounts contributed to the Company by the Parent in connection with a Market Value Cure shall be paid free and clear of any right of chargeback or other equitable claim. (b) Amounts on deposit in the MV Cure Account in connection with a Market Value Cure may be withdrawn by the Collateral Agent (at the written direction of the Administrative Agent, which such direction shall be given if requested by the Company) and remitted to the Company; provided that (w) the Market Value Trigger Event relating to such Market Value Cure is no longer continuing, (x) no Event of Default has occurred and is continuing, (y) no Market Value Event has occurred, and (z) the Borrowing Base Test is satisfied (after giving effect to such withdrawal). Following the occurrence and during the continuance of an Event of Default or following the occurrence of a Market Value Event, amounts on deposit in the MV Cure Account may be withdrawn by the Collateral Agent (at the written direction of the Administrative Agent), and remitted to the Lenders to prepay Advances and reduce the Financing Commitment. In no event may the Company direct any withdrawal from the MV Cure Account.

MV Cure Account. (a) The Company shall cause all cash received by it in connection with a Market Value Cure to be deposited in the MV Cure Account or remitted to the Securities Intermediary to Collateral Agent, and the Collateral Agent shall credit to the MV Cure Account such amounts received by it (and identified in writing as such) immediately upon receipt thereof. Prior to the Maturity Date, all cash amounts in the MV Cure Account shall be held in cash or invested in overnight Eligible Investments at the written direction of the Administrative Agent (as directed by the Required Lenders) provided to ). Income earned on such Eligible Investments shall be deposited into the Collateral Agent (for further direction by the Collateral Agent to the Securities Intermediary)MV Cure Account. All amounts contributed to the Company by the Parent in connection with a Market Value Cure shall be paid free and clear of any right of chargeback or other equitable claim. (b) Amounts on deposit in the MV Cure Account in connection with a Market Value Cure may be withdrawn by the Collateral Agent (at the written direction of the Administrative AgentCompany (or, which such direction shall be given if requested by the Company) and remitted to the Company; provided that (w) the Market Value Trigger Event relating to such Market Value Cure is no longer continuing, (x) no Event of Default has occurred and is continuing, (y) no Market Value Event has occurred, and (z) the Borrowing Base Test is satisfied (after giving effect to such withdrawal). Following following the occurrence and during the continuance of an Event of Default or following the occurrence of a Market Value Event, amounts on deposit in the MV Cure Account may be withdrawn by the Collateral Agent (at the written direction of the Administrative Agent, in which case, the Administrative Agent shall give the Company prior written notice of any such withdrawal), ) and remitted to the Company with prior notice to the Administrative Agent (or, following the occurrence and during the continuance of an Event of Default or following the occurrence of a Market Value Event, to the Lenders to prepay for prepayment of Advances and reduce the reduction of Financing Commitment. In no event may ) or at the option of the Company may be applied to make a prepayment on the Advances pursuant to Section 4.03(c)(i); provided that the Company may not direct any withdrawal from the MV Cure AccountAccount if the Borrowing Base Test is not satisfied (or would not be satisfied after such withdrawal).

MV Cure Account. (a) The Company shall cause all cash received by it in connection with a Market Value Cure to be deposited in the MV Cure Account or remitted to the Securities Intermediary to Collateral Agent, and the Collateral Agent shall credit to the MV Cure Account such amounts received by it (and identified in writing as such) immediately upon receipt thereof. Prior to the Maturity Date, all cash amounts in the MV Cure Account shall be held in cash or invested in overnight Eligible Investments at the written direction of the Administrative Agent (as directed by the Required Lenders) provided to ). Income earned on such Eligible Investments shall be deposited into the Collateral Agent (for further direction by the Collateral Agent to the Securities Intermediary)MV Cure Account. All amounts contributed to the Company by the Parent in connection with a Market Value Cure shall be paid free and clear of any right of chargeback or other equitable claim. (b) Amounts on deposit in the MV Cure Account in connection with a Market Value Cure may be withdrawn by the Collateral Agent (at the written direction of the Administrative AgentCompany (or, which such direction shall be given if requested by the Company) and remitted to the Company; provided that (w) the Market Value Trigger Event relating to such Market Value Cure is no longer continuing, (x) no Event of Default has occurred and is continuing, (y) no Market Value Event has occurred, and (z) the Borrowing Base Test is satisfied (after giving effect to such withdrawal). Following following the occurrence and during the continuance of an Event of Default or following the occurrence of a Market Value Event, amounts on deposit in the MV Cure Account may be withdrawn by the Collateral Agent (at the written direction of the Administrative Agent, in which case, the Administrative Agent shall give the Company prior written notice of any such withdrawal), ) and remitted to the Company with prior notice to the Administrative Agent (or, following the occurrence and during the continuance of an Event of Default or following the occurrence of a Market Value Event, to the Lenders to prepay for prepayment of Advances and reduce reduction of Financing Commitment) or at the option of the Company may be applied to make a prepayment on the Advances pursuant to Section 4.03(c)(i); provided that the 1. Types of Financing Available Financing Limit (i) 25% and (ii) the Financing Commitment. In no event may Limit then in effect and (B) the Company direct Collateral Principal Amount of all Portfolio Investments denominated in any withdrawal from Permitted Non-USD Currency, (II) the MV Cure AccountDollar Equivalent of the aggregate outstanding principal amount of all Advances denominated in GBP does not exceed an amount equal 10% and (ii) the Financing Limit then in effect and (B) the Collateral Principal Amount of all Portfolio Investments denominated in CHF.