Common use of Release for Servicing Clause in Contracts

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files and receipt in the form annexed hereto as Exhibit L and upon receipt from the Agent of its written consent to such request and receipt, to release to the Servicer the related Loan File set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Agent, the Trustee shall cease releasing Loan Files to the Servicer. All Loan Files so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee the Loan File when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files and receipt certifying such liquidation from the Servicer to the Trustee in the form annexed hereto as Exhibit L, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 7.10(c) shall be released by the Trustee to the Servicer. Notwithstanding anything in this Section 7.10(c) to the contrary, in no event shall the Trustee release any Loan File or part thereof to the Servicer for any reason without the Agent’s prior written consent.

Appears in 3 contracts

Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

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Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Agent is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L and upon receipt from the Agent of its written consent to such request and receipt, F to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Agent, the Trustee shall cease releasing Loan Files to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent and the other Secured PartiesLender Group, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee Agent the Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Transferred Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Agent in the form annexed hereto as Exhibit LF, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 7.10(c4.10(c) shall be released by the Trustee Agent to the Servicer. Notwithstanding anything in this Section 7.10(c4.10(c) to the contrary, in no event shall the Trustee Agent be required to release any Loan File or part thereof to the Servicer for any reason without the Agent’s prior written consentServicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc), Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files and receipt substantially in the form annexed hereto as Exhibit L and upon receipt from the Agent of its written consent to such request and receipt, to release to the Servicer the related Loan File set forth in such request and receipt to the Servicer; provided, however, provided that notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Agent, the Trustee shall cease releasing Loan Files to the Servicer. All Loan Files so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent Agent, the Trustee and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee the Loan File when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files and receipt certifying certification as to such liquidation from the Servicer to the Trustee substantially in the form annexed hereto as Exhibit L, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 7.10(c) ), such Loan File shall be released by the Trustee to the Servicer. Notwithstanding anything in this Section 7.10(c) to the contrary, in no event shall the Trustee release any Loan File or part thereof to the Servicer for any reason (other than in connection with a final payment or repurchase pursuant to Section 7.10(d)) without the Agent’s prior written consent, not to be unreasonably withheld.

Appears in 2 contracts

Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the BorrowerIssuer, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L J and upon receipt from the Agent Initial Noteholder of its written consent to such request and receipt, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the AgentInitial Noteholder, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower Issuer shall be held by the Servicer in trust for the benefit of the BorrowerIssuer, the Agent Indenture Trustee and the other Secured PartiesNoteholders, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the BorrowerIssuer, shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Transferred Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit LJ, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 7.10(c4.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section 7.10(c4.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Loan File or part thereof to the Servicer for any reason without the AgentInitial Noteholder’s prior written consent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the BorrowerIssuer, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L J and upon receipt from the Agent Majority Noteholders of its their written consent to such request and receipt, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the AgentMajority Noteholders, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower Issuer shall be held by the Servicer in trust for the benefit of the BorrowerIssuer, the Agent Indenture Trustee and the other Secured PartiesNoteholders, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the BorrowerIssuer, shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s 's need therefor in connection with such foreclosure or servicing no longer exists, unless the Transferred Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit LJ, the Servicer’s 's request and receipt submitted pursuant to the first sentence of this Section 7.10(c4.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section 7.10(c4.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Loan File or part thereof to the Servicer for any reason without the Agent’s Majority Noteholders' prior written consent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon written receipt from the Servicer on behalf of the Borrower, Borrower of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L and upon receipt from the Agent of its written consent to such request and receiptL, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Deal Agent, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent Borrower and the other Secured PartiesDeal Agent, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, Servicer on behalf of the Borrower, Borrower shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s 's need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit L, the Servicer’s 's request and receipt submitted pursuant to the first sentence of this Section 7.10(c) subsection shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section 7.10(c) to the contrary, in no event shall the Trustee release any Loan File or part thereof to the Servicer for any reason without the Agent’s prior written consent.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L and upon receipt from the Agent of its written consent to such request and receipt, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Agent, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent Agent, and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit L, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section subsection 7.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section subsection 7.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Loan File or part thereof to the Servicer for any reason without the Agent’s prior written consent.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

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Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L and upon receipt from the Deal Agent of its written consent to such request and receipt, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Deal Agent, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent Deal Agent, and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit L, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section subsection 7.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section subsection 7.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Loan File or part thereof to the Servicer for any reason without the Deal Agent’s prior written consent.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L K and upon receipt from the Administrative Agent of its written consent to such request and receipt, to release to the Servicer the related Pledged Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Administrative Agent, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Agent Administrative Agent, and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee Collateral Custodian the Pledged Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit LK, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section subsection 7.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section subsection 7.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Pledged Loan File or part thereof to the Servicer for any reason without the Administrative Agent’s prior written consent.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Release for Servicing. From time to time and as appropriate for the enforcement or servicing of any of the Transferred Loans, the Trustee Collateral Custodian is hereby authorized, upon receipt from the Servicer on behalf of the Borrower, of a written request for release of Loan Files documents and receipt in the form annexed hereto as Exhibit L and upon receipt from the Deal Agent of its written consent to such request and receipt, to release to the Servicer the related Loan File or the documents set forth in such request and receipt to the Servicer; provided, however, notwithstanding the foregoing or any other provision of this Agreement, upon its receipt of written instructions from the Deal Agent, the Trustee Collateral Custodian shall cease releasing Loan Files documents to the Servicer. All Loan Files documents so released to the Servicer on behalf of the Borrower shall be held by the Servicer in trust for the benefit of the Borrower, the Deal Agent and the other Secured Parties, with respect to their respective interests, in accordance with the terms of this Agreement. The Servicer, on behalf of the Borrower, shall return to the Trustee Collateral Custodian the Loan File or other such documents when the Servicer’s need therefor in connection with such foreclosure or servicing no longer exists, unless the Loan shall be liquidated, in which case, upon receipt of an additional request for release of Loan Files documents and receipt certifying such liquidation from the Servicer to the Trustee Collateral Custodian in the form annexed hereto as Exhibit L, the Servicer’s request and receipt submitted pursuant to the first sentence of this Section 7.10(c) shall be released by the Trustee Collateral Custodian to the Servicer. Notwithstanding anything in this Section 7.10(c) to the contrary, in no event shall the Trustee Collateral Custodian release any Loan File or part thereof to the Servicer for any reason without the Deal Agent’s prior written consent.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

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