Facility Servicer definition

Facility Servicer means Massachusetts Mutual Life Insurance Company, not in its individual capacity, but in its capacity as facility servicer pursuant to terms of this Agreement, together with its successors and permitted assigns, including any successor appointed pursuant to Article VIII.

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Facility Servicer means MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, not in its individual capacity, in its capacity as facility servicer pursuant to the terms of this Agreement, together with its successors and permitted assigns, including any successor appointed pursuant to Article VIII.

Facility Servicer means Barings Direct Investments LLC, not in its individual capacity, in its capacity as servicer pursuant to the terms of this Agreement, together with its successors and permitted assigns, including any successor appointed pursuant to Article VIII.

Examples of Facility Servicer in a sentence

The Borrower shall give written notice to the Administrative Agent, the Lenders and the Facility Servicer of any Underlying Obligor Default with respect to any Portfolio Asset as promptly as possible after learning thereof.
If such a waiver is requested by the Borrower, the Facility Servicer shall have ten (10) Business Days to, in its sole discretion, consent or decline to consent to such waiver; provided that, the Facility Servicer will use good faith efforts to consent or decline to consent within such time period.
Each Delayed Draw Term Advance Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrower, the Facility Servicer and the Administrative Agent in writing of its legal inability to do so.
The Facility Servicer shall not be responsible for the negligence or misconduct of any agent, sub-agents or attorney appointed by it with reasonable care, except to the extent that a court of competent jurisdiction determines in a final and nonappealable judgment that the Facility Servicer acted with gross negligence or willful misconduct in the selection of such appointees.
For the avoidance of doubt, in no case or circumstance is the Facility Servicer or the Administrative Agent liable to pay any Taxes pursuant to this Agreement, and if it pays any such amounts, it will solely be on behalf of the Borrower, from the Collection Account to the extent amounts are available therein.
The Borrower, the Lender, the Administrative Agent, the Facility Servicer and the Collateral Custodian each intend, for U.S. federal, state and local income and franchise tax purposes only, that this Note be evidence of indebtedness of the Borrower secured by the Collateral and the Pledged Equity, and the Lender under the Loan and Servicing Agreement, by the acceptance hereof, agrees to treat the Note for U.S federal, state and local income and franchise tax purposes as indebtedness of the Borrower.
For the avoidance of doubt, if the Facility Servicer does not respond to the request for consent for any proposed Minor Material Modification within the ten (10) Business Day period, such consent shall be deemed to have been declined.
Any and all payments by or on account of any obligation of the Borrower under any Transaction Document (including by the Administrative Agent (in consultation with the Facility Servicer), on behalf of the Borrower, from the Collection Accounts to the extent amounts are available in the Collection Accounts) shall be made without deduction or withholding for any Taxes, except as required by Applicable Law.
If the Facility Servicer consents to such waiver, then no further action by the Borrower shall be required, subject to any terms or conditions of such waiver.
Each Revolving Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrower, the Facility Servicer and the Revolving Administrative Agent in writing of its legal inability to do so.

More Definitions of Facility Servicer

Facility Servicer means Massachusetts Mutual Life Insurance Company not in its individual capacity, but in its capacity as facility servicer pursuant to terms of the Loan and Servicing Agreement, together with its successors and permitted assigns, including any successor appointed pursuant to Article VIII of the Loan and Servicing Agreement;