Common use of Xxxxx’x RiskCalc Clause in Contracts

Xxxxx’x RiskCalc. With respect to each Collateral Obligation the Loan Rating of which is derived from Xxxxx’x RiskCalc, shall deliver to the Facility Agent and the Collateral Agent at least five Business Days prior to the date of any purchase of a Collateral Obligation to the extent available, and otherwise as soon as reasonably practicable thereafter, all information necessary to calculate Xxxxx’x RiskCalc with respect to such Collateral Obligation and periodically thereafter as is required to timely make any calculations and prepare any reports related to Loan Ratings derived from Xxxxx’x RiskCalc under this Agreement; provided that, if the Loan Rating is derived from Xxxxx’x RiskCalc, no Advance shall be made in connection with such purchase until all such information is received and Xxxxx’x RiskCalc is calculated unless (i) the Collateral Manager believes that no Borrowing Base Deficiency would reasonably be expected to result from the Advance upon the calculation of Xxxxx’x RiskCalc with respect to the purchased Collateral Obligation and (ii) the Collateral Manager reasonably believes after application of its underwriting standards that the rating of any such Collateral Obligation is at least “Caa1” (any Collateral Obligation subject to such exception, a “Loan Rating Exception Obligation”). Only one Loan Rating Exception Obligation shall be permitted at any time and all information necessary to calculate Xxxxx’x RiskCalc with respect to any Loan Rating Exception Obligation shall be delivered to the Facility Agent and the Collateral Agent no later than 30 days after the purchase of such Collateral Obligation. After the second occurrence of any Loan Rating Exception Obligation being determined to have a Loan Rating less than “Caa1” once all information has been provided to the Facility Agent and the Collateral Agent, no further Loan Rating Exception Obligations shall be permitted and the information necessary to calculate Xxxxx’x RiskCalc with respect to any Collateral Obligation proposed for purchase by the Borrower shall thereafter be provided at least five Business Days prior to the date of any purchase of a Collateral Obligation. After the initial determination of the Loan Rating of any Collateral Obligation using Xxxxx’x RiskCalc, the Borrower shall thereafter provide the Facility Agent and the Collateral Agent all information necessary to update Xxxxx’x RiskCalc with respect to such Collateral Obligation on a quarterly basis.

Xxxxx’x RiskCalc. With respect to each Collateral Obligation the RC Loan Rating of which is derived from Xxxxx’x RiskCalc, the Borrower shall deliver to the Facility Agent and the Collateral Agent at least five Business Days prior to the date of any purchase of a any such Collateral Obligation to the extent available, and otherwise as soon as reasonably practicable thereafter, all information necessary and available to calculate Xxxxx’x RiskCalc with respect to such Collateral Obligation and periodically thereafter as is required to timely make any calculations and prepare any reports related to RC Loan Ratings derived from Xxxxx’x RiskCalc under this AgreementAgreement as shown in the template provided to the Borrower by the Facility Agent on or before the Closing Date, as such template may be updated to incorporate changes in Xxxxx’x methodology to calculate the Xxxxx’x RiskCalc to the extent the Borrower and the Facility Agent agree to make such updates (such agreement by the Borrower and the Facility Agent not to be unreasonably withheld); provided that, if the RC Loan Rating is derived from Xxxxx’x RiskCalc, no Advance shall be made in connection with such purchase until all such information is received and Xxxxx’x RiskCalc is calculated unless (i) the Collateral Portfolio Manager certifies that it believes that no Borrowing Base Deficiency the Overcollateralization Test would reasonably be expected to result from the be satisfied after making such Advance upon the calculation of Xxxxx’x RiskCalc with respect to the purchased Collateral Obligation and (ii) the Collateral Portfolio Manager reasonably certifies that it believes after application of that in accordance with its underwriting standards that policies and procedures the rating of any such Collateral Obligation is at least “Caa1” (any Collateral Obligation subject to such exception, a an “RC Loan Rating Exception Obligation”)) and the RC Loan Rating of any RC Loan Rating Exception Obligation shall be deemed to be “Caa1” until such time as the RC Loan Rating has been determined by the Facility Agent pursuant to the Xxxxx’x RiskCalc. Only one RC Loan Rating Exception Obligation shall be permitted at any time and all information necessary to calculate Xxxxx’x RiskCalc with respect to any RC Loan Rating Exception Obligation shall be delivered to the Facility Agent and the Collateral Agent no later than 30 days after the purchase of such Collateral Obligation. After the second occurrence of any RC Loan Rating Exception Obligation being determined to have a an RC Loan Rating less than “Caa1” once all information has been provided to the Facility Agent and the Collateral Agent, no further RC Loan Rating Exception Obligations shall be permitted and the information necessary to calculate Xxxxx’x RiskCalc with respect to any Collateral Obligation proposed for purchase by the Borrower shall thereafter be provided at least five Business Days prior to the date of any purchase of a Collateral Obligation. After the initial determination of the RC Loan Rating of any Collateral Obligation using Xxxxx’x RiskCalc, the Borrower shall thereafter provide the Facility Agent and the Collateral Agent all information necessary to update Xxxxx’x RiskCalc with respect to such Collateral Obligation on a quarterly semi-annual basis.