Common use of Payment Date Accounting Clause in Contracts

Payment Date Accounting. The Borrower shall render (or cause to be rendered) an accounting (each, a “Payment Date Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), and shall deliver such Payment Date Report to the Agents, the Servicer and each Lender not later than the second Business Day preceding the related Payment Date. 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 Payment Date 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 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 Payment Date 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 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 1 Borrowing Base, (vi) Class 2A Borrowing Base, (vii) Class 32B Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xii) Class 3 OC Ratio, (xixiii) each Class Minimum OC Coverage Test, (xiixiv) the Minimum OC Coverage Test, (xiiixv) the Collateral Quality Test, (xivxvi) completion of Priority of Payments pursuant to Section 9.01(a), (xvxvii) balances for each of the Covered Accounts and (xvixviii) 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 Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiver

Appears in 1 contract

Samples: The Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)

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Payment Date Accounting. The Borrower shall render (or cause to be rendered) an accounting (each, a “Payment Date Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), and shall deliver such Payment Date Report to the Agents, the Servicer and each Lender not later than the second Business Day preceding the related Payment Date. 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 Payment Date 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 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 Payment Date 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 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 1 Borrowing Base, (vi) Class 2A Borrowing Base, (vii) Class 32B 2B Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (ixxx) Class 2A OC Ratio, (xxixi) Class 2B OC Ratio, (xii) Class 3 OC Ratio, (xixiiixiii) each Class Minimum OC OCeach Coverage Test, (xiixivxiv) the Minimum OC Coverage Test, (xiiixvxvvi) the Collateral Quality Test, (xivxvixviviii) completion of Priority of Payments pursuant to Section 9.01(a), (xvxviixviiix) balances for each of the Covered Accounts and (xvixviiixviiix) 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 Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverwaiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Payment Date Report (or, in respect of the first Payment Date Report, from the Closing Date); provided, that the requirement set forth in this paragraph shall be deemed satisfied to the extent the loan tape included with such Payment Date Report marks such Collateral Loan as having been subject to a Material Modification.

Appears in 1 contract

Samples: Credit and Security Agreement (Morgan Stanley Direct Lending Fund)

Payment Date Accounting. The Borrower shall render (or cause to be rendered) an accounting (each, a “Payment Date Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), and shall deliver such Payment Date Report to the Agents, the Servicer and each Lender not later than the second Business Day preceding the related Payment Date. 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 Payment Date 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 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 Payment Date 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 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 1 Borrowing Base, (vi) Class 2A 2 Borrowing Base, (vii) Class 32B 3 Borrowing Base, (viii) Class 3 Borrowing Base1 OC Ratio, (ix) Class 1 2 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xiix) Class 3 OC Ratio, (xixiiixi) each Class Minimum OC Coverage Test, (xiixivxii) the Minimum OC Coverage Test, (xiiixvxiiivi) the Collateral Quality Test, (xivxvixivvii) completion of Priority of Payments pursuant to Section 9.01(a), (xvxviixvviii) balances for each of the Covered Accounts and (xvixviiixviix) 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 Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverUSActive 58363225.2 Determination Date, to the extent received before the related Payment Date) will be transferred into the Payment Account, to be applied in the following order of priority:

Appears in 1 contract

Samples: Agreement (Ares Capital Corp)

Payment Date Accounting. The Borrower shall render (or cause to be rendered) an accounting (each, a “Payment Date Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), and shall deliver such Payment Date Report to the Agents, the Servicer and each Lender not later than the second Business Day preceding the related Payment Date. 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 Payment Date 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 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 Payment Date 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 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 1 Borrowing Base, (vi) Class 2A 2 Borrowing Base, (vii) Class 32B 3 Borrowing Base, (viii) Class 3 Borrowing Base1 OC Ratio, (ix) Class 1 2 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xiix) Class 3 OC Ratio, (xixiiixi) each Class Minimum OC Coverage Test, (xiixivxii) the Minimum OC Coverage Test, (xiiixvxiii) the Collateral Quality Test, (xivxvixiv) completion of Priority of Payments pursuant to Section 9.01(a), (xvxviixv) balances for each of the Covered Accounts and (xvixviiixvi) 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 Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverwaiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Payment Date Report (or, in respect of the first Payment Date Report, from the Closing Date); provided, that the requirement set forth in this paragraph shall be deemed satisfied to the extent the loan tape included with such Payment Date Report marks such Collateral Loan as having been subject to a Material Modification.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)

Payment Date Accounting. The Borrower Issuer shall render (or cause to be rendered) an accounting (each, each a “Payment Date Distribution Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), to the Collateral Manager and the Trustee (who shall deliver make available such Payment Date Distribution Report to the AgentsInitial Purchaser, the Servicer Co-Placement Agent, S&P, any Holder shown on the Registers, any beneficial owner of any Debt who has delivered a Beneficial Ownership Certificate to the Trustee and each Lender the Investor Information Services by posting such report to its website) not later than the second Business Day preceding the related Payment Date. The Servicer Distribution Report shall compile and provide to contain 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 Payment Date 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 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 Payment Date 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 Payment Date Report. The Collateral Agent shall re-calculate pursuant to the preceding sentencefollowing information: (i) Aggregate Net Collateral Balance, the information required to be in the Monthly Report pursuant to Section 10.8(a); (ii) Borrowing Base(a) the Aggregate Outstanding Amount of the Debt of each Class at the beginning of the Interest Accrual Period and such amount as a percentage of the original Aggregate Outstanding Amount of the Debt of such Class, (b) the amount of principal payments to be made on the Secured Debt of each Class on the next Payment Date, the amount of any Deferred Interest on the Deferrable Notes and the Aggregate Outstanding Amount of the Secured Debt of each Class after giving effect to the principal payments, if any, on the next Payment Date and such amount as a percentage of the original Aggregate Outstanding Amount of the Debt of such Secured Debt and (c) the amount of distributions, if any, to be made on the Subordinated Notes on the next Payment Date; (iii) Excess Concentration Amount, the Interest Rate and accrued interest for each applicable Class of Debt for such Payment Date; (iv) Maximum Available Amountthe amounts payable pursuant to each clause of Section 11.1(a)(i) and each clause of Section 11.1(a)(ii) or each clause of Section 11.1(a)(iii), as applicable, on the related Payment Date; (v) Class 1 Borrowing Basefor the Collection Account: (A) the Balance on deposit in the Collection Account at the end of the related Collection Period; (B) the amounts payable from the Collection Account to the Payment Account, in order to make payments pursuant to Section 11.1(a)(i) and Section 11.1(a)(ii) on the next Payment Date (net of amounts which the Collateral Manager intends to re-invest in additional Collateral Obligations pursuant to Article XII); and (C) the Balance remaining in the Collection Account immediately after all payments and deposits to be made on such Payment Date; (vi) Class 2A Borrowing Basefor each Account, a schedule showing the beginning balance, each credit or debit specifying the nature, source and amount, and the ending balance; (vii) Class 32B Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xii) Class 3 OC Ratio, (xixiii) each Class Minimum OC Coverage Test, (xiixiv) the Minimum OC Coverage Test, (xiiixv) the Collateral Quality Test, (xivxvi) completion of Priority of Payments pursuant to Section 9.01(a), (xvxvii) balances a schedule showing for each of the Covered Accounts and (xvixviii) such other calculations as may be mutually agreed upon by following the Collateral Agentbeginning balance, the Servicer and the Administrative Agent. Upon receipt amount of such notice reporting and showing discrepancies, if any, Interest Proceeds received from the Collateral Agent and in any event by no later than date of determination of the Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverimmediately

Appears in 1 contract

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

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Payment Date Accounting. The Borrower shall render (compile or cause to be renderedcompiled a report (the “Valuation Report”) an accounting and the Borrower shall then provide, or cause to be provided, such Valuation Report to the Collateral Agent (each, a “who shall make such Valuation Report available to the Administrative Agent and the Lenders by access to its website or by email upon written request therefor) not later than one Business Day prior to the related Payment Date Report”(or, with respect to the Maturity Date, on the Payment Date), determined . The Valuation Report shall contain the following information: (i) the Aggregate Principal Amount of the Collateral Obligations as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”af ter giving ef fect to (A) Proceeds received on the Collateral Obligations with respect to the related Due Period and the reinvestment of s uch Proceeds in Eligible Investments during such Due Period and (B) the release of any Collateral Obligations during such Due Period; (ii) the aggregate outstanding principal balance of each of the Loans (Term Loan) and Loans (Revolver), as an aggregate Dollar f igure and shall deliver as a percentage of the original aggregate outstanding principal balance of the Loans at the beginning of the Due Period, the 98 amount of principal payments to be made on the Loans on the next Payment Date, the amount of any overdue interest and the aggregate outstanding principal balance of the Loans as a Dollar f igure and as a percentage of the original aggregate outstanding principal balance, in each case af ter giving ef fect to the principal payments, if any, for such Payment Date; (iii) the amount of Accrued Interest payable to the Lenders for such Payment Date Report (and the components thereof under Section 2.5) and the amount of Interest Proceeds and Principal Proceeds payable to the AgentsEquity Holder (in each case determined as of the related Determination Date); (iv) the amount of Principal Proceeds to be applied pursuant to clause (1) of the Principal Priority of Payments (in each case determined as of the related Determination Date); (v) the Administrative Expenses payable for such Payment Date on an itemized basis (determined as of the related Determination Date); (vi) for the Interest Collection Account: (1) the Balance on deposit in the Interest Collection Account at the end of the related Due Period, in each Specified Currency and the Servicer Balance in Dollars af ter the conversion under Section 6.2(a); (2) the amounts payable f rom the Interest Collection Account (through a transfer to the Payment Account) pursuant to subclauses (1) through (9) of the Interest Priority of Payments and subclauses (1) through (6) of the Principal Priority of Payments for such Payment Date, in each Lender not later than case in each Specif ied Currency; and (3) the second Business Day preceding Balance remaining in the Interest Collection Account immediately af ter all payments and deposits to be made on such Payment Date (determined as of the related Determination Date); (vii) for the Principal Collection Account: (1) the Balance on deposit in the Principal Collection Account at the end of the related Due Period, in each Specified Currency and the Balance in Dollars af ter the conversion under Section 6.2(a); (2) the amounts, if any, payable f rom the Principal Collection Account (through a transfer to the Payment Account) as Interest Proceeds pursuant to the Interest Priority of Payments and as Principal Proceeds pursuant to the Principal Priority of Payments for such Payment Date (in each case determined as of the related Determination Date), in each Specif ied Currency; and (3) the Balance remaining in the Principal Collection Account immediately af ter all payments and deposits to be made on such Payment Date (determined as of the related Determination Date), in each Specif ied Currency; (viii) the amount of unpaid interest, if any, with respect to any Loans (in each case determined as of the related Determination Date), in each Specif ied Currency; (ix) the Principal Payments received during the related Due Period, in each Specified Currency; (x) the Principal Proceeds received during the related Due Period, in each Specified Currency; 99 (xi) the Interest Proceeds received during the related Due Period, in each Specif ied Currency; (xii) the amounts payable pursuant to each subclause of the Interest Priority of Payments and the Principal Priority of Payments on the related Payment Date in each Specif ied Currency (in each case determined as of the related Determination Date); and (xiii) such other information as the Collateral Agent, Collateral Manager or the Administrative Agent may reasonably request regarding the Loans and the Collateral therefor. The Servicer Upon receipt of each Monthly Report, the Collateral Agent shall compile and provide compare the information contained therein to the information contained in its records with respect to the Collateral Agent and shall, within three Business Days after receipt of such Monthly Report, notify the Borrower and the Administrative Agent a loan data file (Collateral Manager if the “Data File”) information contained in the form of Exhibit H for Monthly Report does not conform to the previous monthly period ending on the Payment Date Report Determination Date (containing such information agreed upon maintained by the ServicerCollateral Agent in its records and detail any discrepancies. If any discrepancy exists, the Collateral Agent and the Administrative Agent). The Servicer shall provide (Borrower, or cause to be provided) the Data File to the Collateral Agent at least three (3) Manager on behalf of the Borrower, shall attempt to resolve the discrepancy. If such discrepancy cannot be promptly resolved, the Borrower shall appoint, within f ive Business Days prior to the Payment Date. The Collateral Agent shall use commercially reasonable efforts Days, an Independent accountant 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 Payment Date 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 records to determine the Payment Date Reportcause of such discrepancy. The Collateral Agent shall re-calculate pursuant to If such review reveals an error in the preceding sentence: (i) Aggregate Net Collateral Balance, (ii) Borrowing Base, (iii) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1 Borrowing Base, (vi) Class 2A Borrowing Base, (vii) Class 32B Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xii) Class 3 OC Ratio, (xixiii) each Class Minimum OC Coverage Test, (xiixiv) the Minimum OC Coverage Test, (xiiixv) the Collateral Quality Test, (xivxvi) completion of Priority of Payments pursuant to Section 9.01(a), (xvxvii) balances for each of the Covered Accounts and (xvixviii) such other calculations as may be mutually agreed upon by Monthly Report or the Collateral Agent’s records, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepancies, if any, from Monthly Report or the Collateral Agent and Agent’s records shall be revised accordingly and, as so revised, shall be utilized in any event by no later than the Payment Date, the Servicer shall compile and provide making all calculations pursuant to this Agreement. (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverd)

Appears in 1 contract

Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)

Payment Date Accounting. The Borrower shall render (or cause to be rendered) an accounting (each, a “Payment Date Report”), determined as of the close of business on each Determination Date preceding a Payment Date (such Determination Date, a “Payment Date Report Determination Date”), and shall deliver such Payment Date Report to the Agents, the Servicer and each Lender not later than the second Business Day preceding the related Payment Date. 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 Payment Date 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 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 Payment Date 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 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 1 Borrowing Base, (vi) Class 2A 2 Borrowing Base, (vii) Class 32B 3 Borrowing Base, (viii) Class 3 Borrowing Base1 OC Ratio, (ix) Class 1 2 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xiix) Class 3 OC Ratio, (xixiiixi) each Class Minimum OC Coverage Test, (xiixivxii) the Minimum OC Coverage Test, (xiiixvxiii) the Collateral Quality Test, (xivxvixiv) completion of Priority of Payments pursuant to Section 9.01(a), (xvxviixv) balances for each of the Covered Accounts and (xvixviiixvi) 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 Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiverwaiver under any Related Document for each Collateral Loan that constitutes a Material Modification that became effective since the immediately preceding Payment Date Report (or, in respect of the first Payment Date Report, from the Closing Date); provided, that the requirement set forth in this paragraph shall be deemed satisfied to the extent the loan tape included with such Payment Date Report marks such Collateral Loan as having been subject to a Material Modification. USActive 54953942.17 -110-

Appears in 1 contract

Samples: Credit and Security Agreement (Ares Capital Corp)

Payment Date Accounting. The Borrower For so long as the Notes remain outstanding, the Issuer shall render (or cause to be rendered) an accounting (each, each a “Payment Date Distribution Report”), determined as of the close of business on each Determination Date preceding a each Payment Date (such Determination Date, a “other than any Payment Date Report Determination resulting solely from the proviso in the definition thereof) or any Redemption Date”), and shall deliver make available such Payment Date Distribution Report to the AgentsTrustee, the Servicer and Collateral Manager, Intex Solutions, Inc. (or any other similar service providers as determined by the Collateral Manager in its reasonable judgment), Valitana LLC, Bloomberg, the Rating Agency, each Lender Hedge Counterparty and, upon written request therefor, any Holder shown on the Register and, upon written notice to the Trustee in the form of Exhibit F, any beneficial owner of a Note not later than the second Business Day preceding the related Payment Date or Redemption Date. The Servicer shall compile and provide to Distribution Report will contain 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 Payment Date 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 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 Payment Date 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 Payment Date Report. The Collateral Agent shall re-calculate pursuant to the preceding sentencefollowing information: (i) Aggregate Net Collateral Balance, the information required to be in the Monthly Report pursuant to Section 10.8(a); (ii) Borrowing Base(a) the Aggregate Outstanding Amount of the Secured Notes of each Class at the beginning of the Interest Accrual Period and such amount as a percentage of the original Aggregate Outstanding Amount of the Secured Notes of such Class, (iiib) Excess Concentration Amount, (iv) Maximum Available Amount, (v) Class 1 Borrowing Base, (vi) Class 2A Borrowing Base, (vii) Class 32B Borrowing Base, (viii) Class 3 Borrowing Base, (ix) Class 1 OC Ratio, (ixx) Class 2A OC Ratio, (xxi) Class 2B OC Ratio, (xii) Class 3 OC Ratio, (xixiii) the amount of principal payments to be made on the Secured Notes of each Class Minimum OC Coverage Teston the next Payment Date, (xiixiv) the Minimum OC Coverage Test, (xiiixv) amount of any Secured Note Deferred Interest on the Collateral Quality Test, (xivxvi) completion of Priority of Payments pursuant to Section 9.01(a), (xvxvii) balances for each Deferred Interest Secured Notes and the Aggregate Outstanding Amount of the Covered Accounts and (xvixviii) such other calculations as may be mutually agreed upon by Secured Notes of each Class after giving effect to the Collateral Agent, the Servicer and the Administrative Agent. Upon receipt of such notice reporting and showing discrepanciesprincipal payments, if any, from on the Collateral Agent next Payment Date and in any event by no later than such amount as a percentage of the original Aggregate Outstanding Amount of the Secured Notes of such Class and (c) the amount of distributions to be paid on the Subordinated Notes on the next Payment Date and the Aggregate Outstanding Amount of the Subordinated Notes on the next Payment Date, the Servicer shall compile and provide (or cause to be compiled and provided) to the Agents and the Lenders the Payment Date Report. The Payment Date Report shall contain the information that is agreed to by the Servicer, the Administrative Agent and the Collateral Agent from time to time. In addition, the Borrower shall provide (or cause to be provided) in each Payment Date Report a statement setting forth in reasonable detail each amendment, modification or waiver;

Appears in 1 contract

Samples: Blackstone Private Credit Fund

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