Trading Plan Period. During the Reinvestment Period and for purposes of calculating compliance with the Investment Criteria, at the election of the Collateral Manager in its sole discretion, any proposed investment (whether a single Collateral Obligation or a group of Collateral Obligations) identified by the Collateral Manager as such at the time when compliance with the Investment Criteria is required to be calculated (a “Trading Plan”) may be evaluated after giving effect to all sales and reinvestments proposed to be entered into within the ten (10) Business Days following the date of determination of such compliance (such period, the “Trading Plan Period”); provided, that (i) no Trading Plan may result in the purchase of Collateral Obligations having an Aggregate Principal Balance that exceeds 5.0% of the Collateral Principal Amount as of the first day of the Trading Plan Period, (ii) no Trading Plan Period may include a Determination Date and (iii) no more than one Trading Plan may be in effect at any time during a Trading Plan Period. The Collateral Manager shall provide prior written notice to the Rating Agency of any Trading Plan, which notice shall specify the proposed investments identified by the Collateral Manager for acquisition as part of such Trading Plan. The Collateral Manager shall provide notice to the Trustee promptly after a Trading Plan is executed, and the Trustee shall post such notice on the Trustee’s website, and the Trustee shall report the details of any such Trading Plan provided by the Collateral Manager on a dedicated page of the Monthly Report.
Appears in 1 contract
Trading Plan Period. During the Reinvestment Period and for For purposes of calculating compliance with the Investment Criteria, at the election of the Collateral Manager in its sole discretiondiscretion and with prior notice to the Trustee, any proposed investment (whether a single Collateral Obligation or a group of Collateral Obligations) identified as such in such notice by the Collateral Manager as such at the time when compliance with the Investment Criteria is required to be calculated (a “"Trading Plan”") may be evaluated after giving effect to all sales and reinvestments proposed to be entered into within the ten (10) 10 Business Days following the date of determination of such compliance (such period, the “"Trading Plan Period”"); provided, provided that (iw) no Trading Plan may result in the purchase of Collateral Obligations having an Aggregate Principal Balance that exceeds 5.05% of the Collateral Principal Amount as of the first day of the Trading Plan Period, (iix) no Trading Plan Period may include a Determination Date and Date, (iiiy) no more than one Trading Plan may be in effect at any time during a Trading Plan Period and (z) if the Investment Criteria are satisfied prospectively after giving effect to a Trading Plan but are not satisfied upon the expiry of the related Trading Plan Period, the Investment Criteria shall not at any time thereafter be evaluated by giving effect to a Trading Plan. The Notice of any Trading Plan from the Collateral Manager shall provide prior written notice to include the Rating Agency details of any such Trading Plan, which notice shall specify Plan (including the proposed amendments and/or proposed investments identified by the Collateral Manager for acquisition or entry, as applicable, as part of such Trading Plan. The Collateral Manager shall provide notice to the Trustee promptly after a Trading Plan is executed, and the Trustee shall post such notice on the Trustee’s website, and the Trustee shall report the details of any such Trading Plan provided by the Collateral Manager on a dedicated page of the Monthly Report).
Appears in 1 contract
Sources: Indenture (Fifth Street Senior Floating Rate Corp.)
Trading Plan Period. During the Reinvestment Period and for For purposes of calculating compliance with the Investment Criteria, at the election of the Collateral Manager in its sole discretiondiscretion and with prior notice to the Trustee, any proposed investment (whether a single Collateral Obligation or a group of Collateral Obligations) identified as such in such notice by the Collateral Manager as such at the time when compliance with the Investment Criteria is required to be calculated (a “Trading Plan”) may be evaluated after giving effect to all sales and reinvestments proposed to be entered into within the ten (10) Business Days following the date of determination of such compliance (such period, the “Trading Plan Period”); provided, provided that (iw) no Trading Plan may result in the purchase of Collateral Obligations having an Aggregate Principal Balance that exceeds 5.05% of the Collateral Principal Amount as of the first day of the Trading Plan Period, (iix) no Trading Plan Period may include a Determination Date and Date, (iiiy) no more than one Trading Plan may be in effect at any time during a Trading Plan Period and (z) if the Investment Criteria are satisfied prospectively after giving effect to a Trading Plan but are not satisfied upon the expiry of the related Trading Plan Period, the Investment Criteria shall not at any time thereafter be evaluated by giving effect to a Trading Plan. The Notice of any Trading Plan from the Collateral Manager shall provide prior written notice to include the Rating Agency details of any such Trading Plan, which notice shall specify Plan (including the proposed amendments and/or proposed investments identified by the Collateral Manager for acquisition or entry, as applicable, as part of such Trading Plan. The Collateral Manager shall provide notice to the Trustee promptly after a Trading Plan is executed, and the Trustee shall post such notice on the Trustee’s website, and the Trustee shall report the details of any such Trading Plan provided by the Collateral Manager on a dedicated page of the Monthly Report).
Appears in 1 contract
Sources: Indenture (NewStar Financial, Inc.)