Common use of REQUEST FOR INSTRUCTIONS Clause in Contracts

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 58 contracts

Samples: Form of Custody Agreement (Sierra Total Return Fund), Custody Agreement (New Mountain Guardian III BDC, L.L.C.), Custody Agreement (Great Elm Capital Corp.)

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REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 27 contracts

Samples: Custody Agreement (Sierra Income Corp), Custodian Agreement (Kohlberg Capital, LLC), Custody Agreement (Harris & Harris Group Inc /Ny/)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2) Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 14 contracts

Samples: Custody Agreement (HPS Corporate Lending Fund), Custody Agreement (Lafayette Square Empire BDC, LLC), Custody Agreement (Suro Capital Corp.)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 3 contracts

Samples: Custody Agreement (BC Partners Lending Corp), Custody Agreement (Bain Capital Specialty Finance, Inc.), Custody Agreement (Bain Capital Private Credit)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request in writing written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested themthem in writing, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twothree-Business Day period period, except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 2 contracts

Samples: Custody Agreement (CION Investment Corp), Custody Agreement (CION Investment Corp)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 2 contracts

Samples: Custody Agreement (Golub Capital BDC 4 LLC), Custody Agreement (Golub Capital Direct Lending LLC)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business two (2)-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 2 contracts

Samples: Custody Agreement (MONROE CAPITAL Corp), Custody Agreement (Eagle Point Credit Co LLC)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two five (25) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twofive-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Form of Custody Agreement (Overland Advantage)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company or the Collateral Agent as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company or the Collateral Agent in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custody Agreement (Churchill Financial BDC Inc.)

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REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twothree-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custody Agreement (Apollo Senior Floating Rate Fund Inc.)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2)- Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custody Agreement (Monroe Capital Income Plus Corp)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request requests written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such written instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custodial Agreement (TCW Direct Lending VIII LLC)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian 29 may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2) Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custody Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company Companies as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company Companies in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.

Appears in 1 contract

Samples: Custody Agreement (Carey Credit Income Fund 2015 T)

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