Participated Asset definition
Examples of Participated Asset in a sentence
Such elevation is referred to herein as the “Elevation” with respect to any Participated Asset, and the date of any Elevation of such Participated Asset is referred to herein as the related “Elevation Date”.
Until Elevation occurs for each Participated Asset, the Seller shall hold title to each of the Participated Assets for the benefit of the Purchaser to the extent of the Participation Interests.
With respect to any Participated Asset, the Seller and Purchaser will use commercially reasonable efforts to cause the relevant participation to be elevated to an assignment as soon as reasonably practicable, pursuant to the provisions of Section 2.2(c), after the Purchase Date.
The Seller shall pay any elevation fees, transfer fees and other expenses payable in connection with an Elevation and any expenses of administering each Participated Asset prior to its Elevation.
For the avoidance of doubt, the Seller and the Purchaser agree that the tenor, interest rate and other terms of a Participated Asset shall be coextensive with those of the underlying Collateral Asset.
So long as an Underlying Asset remains a Participated Asset, Seller and Servicer shall neither assign, encumber or pledge its obligation to subservice the Participated Assets in whole or in part, nor delegate its rights or duties under the Agreement (to other than a subservicer) without the prior written consent of Buyer, the granting of which consent shall be in the sole discretion of Buyer.
If within five (5) Business Days after the earlier of Seller’s discovery of such breach or delivery failure or receipt of notice thereof that such breach or delivery failure has not been remedied by Seller, Seller shall promptly upon receipt of written instructions from Buyer, at Buyer’s option, repurchase such Participated Asset at a price equal to the Repurchase Price with respect to such Participated Asset by wire transfer to the account designated by the Buyer.
For the avoidance of doubt, the Seller and the Purchaser agree that the tenor, interest rate, fees and other terms of a Participated Asset shall be coextensive with those of the underlying Loan or Available Unfunded Commitment, as applicable.
Grantor shall not exercise voting authority or take any action or exercise any rights or remedies with respect to a Participated Asset without the prior written consent of, or at the direction of, Participant (or the Loan Manager, on its behalf).
In addition, upon any such Assignment becoming effective, Grantor and Participant agree, for administrative convenience, that Grantor shall transfer or cause the transfer of the Participated Asset described more particularly in such Assignment (an “Assigned Asset”) directly to the Collateral Agent (or at Collateral Agent’s direction, the Custodian) to be held for the benefit of the Secured Parties in accordance with the terms of the Credit Agreement.