THE COLLATERAL CUSTODIAN definition

THE COLLATERAL CUSTODIAN. STATE STREET BANK AND TRUST COMPANY, not in its individual capacity but solely as Collateral Custodian By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President THE COLLATERAL ADMINISTRATOR: STATE STREET BANK AND TRUST COMPANY, not in its individual capacity but solely as the Collateral Administrator By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President [Signature Page] Amended and Restated Loan, Security and Collateral Management Agreement

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THE COLLATERAL CUSTODIAN. ▇▇▇▇▇▇ TRUST AND SAVINGS BANK, as Collateral Custodian

THE COLLATERAL CUSTODIAN. WESTERN ALLIANCE TRUST COMPANY, N.A., not in its individual capacity but solely as Collateral Custodian By: Name: Title: 4126-0492-3492.7 Annex A NEW MOUNTAIN GUARDIAN IV HOLDINGS, L.L.C. NEW MOUNTAIN GUARDIAN IV BDC, L.L.C. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Credit Financing Team E-Mail: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ New Mountain Finance Advisers, L.L.C. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇▇ ▇▇▇▇▇

Examples of THE COLLATERAL CUSTODIAN in a sentence

• THE FOREGOING INDEMNIFICATION SHALL APPLY WHETHER OR NOT SUCH LIABILITIES AND COSTS ARE IN ANY WAY OR TO ANY EXTENT OWED, IN WHOLE OR IN PART, UNDER ANY CLAIM OR THEORY OF STRICT LIABILITY, OR ARE CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR NEGLIGENT OMISSION OF ANY KIND BY THE COLLATERAL CUSTODIAN.

• THE FOREGOING PARAGRAPH SHALL APPLY WHETHER OR NOT SUCH LIABILITIES ARE IN ANY WAY OR TO ANY EXTENT OWED, IN WHOLE OR IN PART, UNDER ANY CLAIM OR THEORY OF STRICT LIABILITY, OR ARE CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR NEGLIGENT OMISSION OF ANY KIND BY THE COLLATERAL CUSTODIAN.

• THE FOREGOING PARAGRAPH SHALL APPLY WHETHER OR NOT SUCH LIABILITIES ARE IN ANY WAY OR TO ANY EXTENT OWED, IN WHOLE OR IN PART, UNDER ANY CLAIM OR THEORY OF STRICT LIABILITY, OR ARE CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF ANY KIND BY THE COLLATERAL CUSTODIAN.

• THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Collateral Custodian By: /s/ ▇▇▇▇▇ ▇.

• THE COLLATERAL CUSTODIAN 106 Section 7.1. Designation of Collateral Custodian 106 Section 7.2. Duties of Collateral Custodian 107 Section 7.3. Merger or Consolidation 110 Section 7.4. Collateral Custodian Compensation 110 Section 7.5. Collateral Custodian Removal 110 Section 7.6. Limitation on Liability 110 Section 7.7. Resignation of the Collateral Custodian 112 Section 7.8. Release of Documents 112 Section 7.9. Return of Underlying Instruments 113 Section 7.10.

• THE FOREGOING INDEMNIFICATION SHALL APPLY WHETHER OR NOT SUCH LIABILITIES AND COSTS ARE IN ANY WAY OR TO ANY EXTENT OWED, IN WHOLE OR IN PART, UNDER ANY CLAIM OR THEORY OF STRICT LIABILITY, OR ARE CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACT OR OMISSION OF ANY KIND BY THE COLLATERAL CUSTODIAN.

• THE COLLATERAL AGENT, THE COLLATERAL CUSTODIAN AND THE ACCOUNT BANK SHALL BE SERVED ACCORDING TO RELEVANT BANKING LAW.

• EACH PARTY HERETO (OTHER THAN THE COLLATERAL ADMINISTRATOR AND THE COLLATERAL CUSTODIAN) IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN THE MANNER PROVIDED FOR NOTICES IN SECTION 11.02.

• EACH OF THE BORROWER, THE FACILITY AGENT, THE COLLATERAL AGENT, THE COLLATERAL CUSTODIAN AND THE LENDERS HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

• THE PLEDGORS, THE COLLATERAL AGENT, THE COLLATERAL CUSTODIAN AND THE SERVICER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS PLEDGE AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.

More Definitions of THE COLLATERAL CUSTODIAN

THE COLLATERAL CUSTODIAN. STATE STREET BANK AND TRUST COMPANY, not in its individual capacity but solely as Collateral Custodian By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President THE COLLATERAL ADMINISTRATOR: STATE STREET BANK AND TRUST COMPANY, not in its individual capacity but solely as the Collateral Administrator By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President [Signature Page] Amended and Restated Loan, Security and Collateral Management Agreement Annex A If to a Borrower or Collateral Manager: WT CAPITAL FUND - SPV1, LLC c/o Willow Tree Credit Partners LP General Counsel ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ With a copy to: Chief Financial Officer Willow Tree Credit Partners LP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ If to Ally Bank: ALLY BANK as the Administrative Agent ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: SFD Portfolio Manager Facsimile No.: (▇▇▇)-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ with a copy to: ALLY BANK ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Legal Services/SFD Facsimile No.: (▇▇▇)-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇ [Annex A] Amended and Restated Loan, Security and Collateral Management Agreement Annex A If to the Collateral Custodian: STATE STREET BANK AND TRUST COMPANY ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Structured Trust and Analytics Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ [Annex A] Amended and Restated Loan, Security and Collateral Management Agreement [Annex B] Amended and Restated Loan, Security and Collateral Management Agreement Silicon Valley Bank, a division of First-Citizens Bank & Trust Company Commitment $85,000,000 Annex B COMMITMENTS Ally Bank Total: $500,000,000490,000,000 $500,000,000575,000,000 Lender

THE COLLATERAL CUSTODIAN. U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian

THE COLLATERAL CUSTODIAN. ▇▇▇▇▇▇ TRUST AND SAVINGS BANK AND BACKUP SERVICER: as Collateral Custodian and Backup Servicer

THE COLLATERAL CUSTODIAN. ▇▇▇▇▇▇ TRUST AND SAVINGS BANK By: ------------------------------------- Title: ▇▇▇▇▇▇ Trust and Savings Bank ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Indenture Trust Administrator Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ THE BACKUP SERVICER: ▇▇▇▇▇▇ TRUST AND SAVINGS BANK By: ------------------------------------- Title: ▇▇▇▇▇▇ Trust and Savings Bank ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Indenture Trust Administrator Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇