THE COLLATERAL AGENT. U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Agent By: By: Name: Title: THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian By: By: Name: Title: BDCA Funding I, LLC Loan and Servicing Agreement Annex A BUSINESS DEVELOPMENT FRANKLIN BSP LENDING CORPORATION OF AMERICA c/o Benefit Street Partners L.L.C. 9 Xxxx 00xx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000 Attention: Mxxxxxx Xxxxx Telephone: (000) 000-0000 Email: m.xxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx with a copy (which shall not constitute notice) to: Ropes & Gxxx LLP 800 Xxxxxxxx Xxxxxx Prudential Tower\ Attention: Pxxxxxxx Xxxxx Email: Pxxxxxxx.Xxxxx@xxxxxxxxx.xxx BDCA FUNDING I, LLC c/o Benefit Street Partners L.L.C. 9 Xxxx 00xx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000 Attention: Mxxxxxx Xxxxx Telephone: (000) 000-0000 Email: m.xxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx with a copy (which shall not constitute notice) to: Ropes & Gxxx LLP 800 Xxxxxxxx Xxxxxx Prudential Tower Attention: Pxxxxxxx Xxxxx Email: Pxxxxxxx.Xxxxx@xxxxxxxxx.xxx WXXXX FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent Duke Energy Center 500 Xxxxx Xxxxx Xxxxxx MAC D1086-051 Charlotte, NC 28202 Attention: Corporate Debt Finance Confirmation: (000) 000-0000 All electronic dissemination of Notices should be sent to sxx.xxxxxxx@xxxxxxxxxx.xxx WXXXX FARGO BANK, NATIONAL ASSOCIATION as Lender
THE COLLATERAL AGENT. ONE VOICE TECHNOLOGIES INC. BXXXXXX X. XXXXXXX a Nevada corporation By: --------------------------------- --------------------------------- Its: --------------------------------- APPROVED BY "LENDERS": ----------------------------------- ----------------------------------- ALPHA CAPITAL AKTIENGESELLSCHAFT BRISTOL INVESTMENT FUND LTD. ----------------------------------- ----------------------------------- EXXXX INTERNATIONAL LTD. THIS SECURITY AGREEMENT MAY BE SIGNED BY FACSIMILE SIGNATURE AND DELIVERED BY CONFIRMED FACSIMILE TRANSMISSION. SCHEDULE A TO SECURITY AGREEMENT -------------------------------- LENDER INITIAL CLOSING SECOND CLOSING NOTES* NOTES* -------------------------------------- --------------------- ------------------- ALPHA CAPITAL AKTIENGESELLSCHAFT $150,000.00 $150,000.00 Pxxxxxxxx 0 0000 Xxxxxxxxxxx Xxxxx, Xxxxxxxxxxxx Fax: 000-00-00000000 -------------------------------------- --------------------- ------------------- BRISTOL INVESTMENT FUND, LTD. $150,000.00 $150,000.00 Caledonian House, Jxxxxxx Street Georgetown, Grand Cayman Cayman Islands Fax: 300-000-0000 -------------------------------------- --------------------- ------------------- EXXXX INTERNATIONAL LTD. $75,000.00 $75,000.00 50xx Xxxxxx Uxxxxxxxxxxx Xxxxxxx Xxxxx Xxxxx, 00xx Xxxxx, Xxxxxx Xxxxxxxx of Panama Fax: (000) 000-0000 -------------------------------------- --------------------- ------------------- TOTALS $375,000.00 $375,000.00 -------------------------------------- --------------------- -------------------
THE COLLATERAL AGENT shall give a Pledgor ten (10) business days' prior written notice of the Collateral Agent's intention to make any sale of such Pledgor's Collateral. Such notice, in the case of a public sale, shall state the time and place for such sale and, in the case of a sale at a broker's board or on a securities exchange, shall state the board or exchange at which such sale is to be made and the day on which the Pledged Collateral, or portion thereof, will first be offered for sale at such board or exchange. Any such public sale shall be held at such time or times within ordinary business hours and at such place or places as the Collateral Agent may fix and state in the notice of such sale. At any such sale, the Pledged Collateral, or portion thereof, to be sold may be sold in one lot as an entirety or in separate parcels, as the Collateral Agent may (in its sole and absolute discretion) determine. The Collateral Agent shall not be obligated to make any sale of any Pledged Collateral if it shall determine not to do so, regardless of the fact that notice of sale of such Pledged Collateral shall have been given. The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. In case any sale of all or any part of the Pledged Collateral is made on credit or for future delivery, the Pledged Collateral so sold may be retained by the Collateral Agent until the sale price is paid in full by the purchaser or purchasers thereof, but the Collateral Agent shall not incur any liability in case any such purchaser or purchasers shall fail to take up and pay for the Pledged Collateral so sold and, in case of any such failure, such Pledged Collateral may be sold again upon like notice. At any public (or, to the extent permitted by applicable law, private) sale made pursuant to this Section 8, any Secured Party may bid for or purchase, free from any claim or right of whatever kind, including any equity of redemption, of the Pledgors, any such demand, notice, claim, right or equity being hereby expressly waived and released, the Pledged Collateral or any part thereof offered for sale and may make payment on account thereof by using any Obligation then due and payable to it from such Pledgor as a credit against the purchase price, and it may, upon...
Examples of THE COLLATERAL AGENT in a sentence
THIS AMENDMENT AND THE OTHER CREDIT DOCUMENTS REPRESENT THE AGREEMENT OF THE BORROWER, THE GUARANTORS, THE GRANTORS, THE COLLATERAL AGENT, THE ADMINISTRATIVE AGENT AND THE LENDERS WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF, AND THERE ARE NO PROMISES, UNDERTAKINGS, REPRESENTATIONS OR WARRANTIES BY THE BORROWER, THE GUARANTORS, THE GRANTORS, ANY AGENT NOR ANY LENDER RELATIVE TO SUBJECT MATTER HEREOF NOT EXPRESSLY SET FORTH OR REFERRED TO HEREIN OR IN THE OTHER CREDIT DOCUMENTS.
More Definitions of THE COLLATERAL AGENT
THE COLLATERAL AGENT. SUMITOMO MITSUI BANKING CORPORATION, not in its individual capacity but solely as the Collateral Agent By: /s/ Christakis Droussiotis Name: Christakis Droussiotis Title: Managing Director THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President THE BANK: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Exhibit A CHANGED PAGES TO THE LOAN AND SERVICING AGREEMENT (See attached) EXECUTION VERSION Conformed through Omnibus Amendment No. 34 U.S. $400,000,000 LOAN AND SERVICING AGREEMENT Dated as of January 20, 2012 By and Among ARES CAPITAL JB FUNDING LLC, as the Borrower and ARES CAPITAL CORPORATION, as the Servicer and as the Transferor and SUMITOMO MITSUI BANKING CORPORATION, as the Administrative Agent, as the Collateral Agent and as the Lender and
THE COLLATERAL AGENT. SUMITOMO MITSUI BANKING CORPORATION, not in its individual capacity but solely as the Collateral Agent By: /s/ Yxxxxxxxx Xxxxxxxxx Name: Yxxxxxxxx Xxxxxxxxx Title: Managing Director THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian By: /s/ Kxxxxxx Xxxxxx Name: Kxxxxxx Xxxxxx Title: Assistant Vice President THE BANK: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Bank By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx Title: Vice President Exhibit A CHANGED PAGES TO THE LOAN AND SERVICING AGREEMENT (See attached) Exhibit A EXECUTION VERSION Conformed through Omnibus Amendment No. 67 Up to U.S. $500,000,0001,000,000,000 LOAN AND SERVICING AGREEMENT Dated as of January 20, 2012 By and Among ARES CAPITAL JB FUNDING LLC, as the Borrower and ARES CAPITAL CORPORATION, as the Servicer and as the Transferor and SUMITOMO MITSUI BANKING CORPORATION, as the Administrative Agent and as the Collateral Agent THE LENDERS FROM TIME TO TIME PARTY HERETO, and U.S. BANK NATIONAL ASSOCIATION, as the Collateral Custodian and as the Bank TABLE OF CONTENTS Page
THE COLLATERAL AGENT has all requisite right, power and authority to execute and deliver this Agreement and to perform all of its duties as Collateral Agent hereunder.
THE COLLATERAL AGENT. [Address] Attention: [ ] Telecopy: [ ] Telephone: [ ] provided that any notice, request or demand to the Secured Party shall not be effective until received.
THE COLLATERAL AGENT. Xxxxxx Xxxxxxx Senior Funding, Inc. 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx Xxxxxxx E-mail: xxxxxxxx@xx.xxx Telephone: 000-000-0000 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and it and the rights and obligations of the parties hereto shall be governed by, and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles thereof that would result in the application of any law other than the law of the State of New York, and the Approved Securities Intermediary’s jurisdiction for the purposes of Section 8-110 of the UCC shall be the State of New York. The Approved Securities Intermediary will treat all property at any time credited by the Approved Securities Intermediary to the Account as financial assets within the meaning of the UCC. The Approved Securities Intermediary acknowledges that this Agreement constitutes written notification to the Approved Securities Intermediary, pursuant to the UCC and any applicable federal regulations for the Federal Reserve Book Entry System, of the Collateral Agent’s security interest in the Assets. The Grantor, the Collateral Agent and Approved Securities Intermediary are entering into this Agreement to provide for the Collateral Agent’s control of the Assets and to confirm the first and exclusive priority of the Collateral Agent’s security interest in the Assets. The Approved Securities Intermediary agrees to promptly make and thereafter maintain all necessary entries or notations in its books and records to reflect the Collateral Agent’s security interest in the Assets. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall be construed in all respects as if the invalid or unenforceable term or provision were omitted. This Agreement may not be altered or amended in any manner without the express written consent of the Grantor, the Collateral Agent and the Approved Securities Intermediary. This Agreement may be executed in any number of counterparts, all of which shall constitute one original agreement. This Agreement may be terminated by the Approved Securities Intermediary upon 30 days’ prior written notice to the Grantor and the Collateral Agent. The Collateral Agent may terminate this Agreement upon 3 days’ prior written notice to the Approved Security Intermediary and the Grantor. The Gra...
THE COLLATERAL AGENT is hereby granted a license or other right to use, without charge, each Grantor's and each of its Subsidiaries' labels, patents, copyrights, licenses, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing, advertising for sale and selling any Collateral and each Grantor's and each of its Subsidiaries' rights under all licenses and all franchise agreements shall inure to the Collateral Agent's benefit.
THE COLLATERAL AGENT. TEAM COMMUNICATIONS GROUP, INC. XXXXXXX X. XXXXXXX a California corporation By:______________________________________ ______________________________ Its:_____________________________________ APPROVED BY "LENDERS": _________________________________ ___________________________________ ALPHA CAPITAL AKTIENGESELLSCHAFT AMRO INTERNATIONAL, S.A. - "Lender" - "Lender" _________________________________ THE XXXXXX AND XXXXX XXXXXXXXXX FAMILY TRUST - "Lender" This Security Agreement may be executed by facsimile signature and delivered by confirmed facsimile transmission.