Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 46 contracts
Samples: Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Secured Revolving Credit Agreement (Sixth Street Lending Partners), Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses subclauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero (0) for purposes of the Borrowing Base until such time as the Value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance with this Agreement.
Appears in 20 contracts
Samples: Secured Revolving Credit Agreement (KKR FS Income Trust), Credit Agreement (Blue Owl Credit Income Corp.), Senior Secured Credit Agreement (Blue Owl Technology Income Corp.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B), (C), (D) or (CE), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zero.
Appears in 19 contracts
Samples: Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 12 contracts
Samples: Guarantee and Security Agreement (Franklin BSP Capital Corp), Senior Secured Credit Agreement (Franklin BSP Lending Corp), Senior Secured Credit Agreement (FS Energy & Power Fund)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (CB), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 8 contracts
Samples: Credit Agreement (BlackRock TCP Capital Corp.), Credit Agreement (BlackRock Capital Investment Corp), Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses subclauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero (0) for purposes of the Borrowing Base; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 6 contracts
Samples: Senior Secured Credit Agreement (Blackstone Secured Lending Fund), Senior Secured Credit Agreement (Blackstone Private Credit Fund), Senior Secured Credit Agreement (Blackstone Secured Lending Fund)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 6 contracts
Samples: Senior Secured Revolving Credit Agreement and Guarantee and Security Agreement (Crescent Capital BDC, Inc.), Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.), Revolving Credit Agreement (Crescent Capital BDC, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 5 contracts
Samples: Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund), Senior Secured Revolving Credit Agreement (Varagon Capital Corp), Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.)
Failure to Determine Values. If the Borrower shall fail to (x) determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 5 contracts
Samples: Credit Agreement, Secured Revolving Credit Agreement (TPG Specialty Lending, Inc.), Credit Agreement (TPG Specialty Lending, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zero.
Appears in 4 contracts
Samples: Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclause (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 3 contracts
Samples: Credit Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Credit Agreement (Barings Private Credit Corp), Assignment and Assumption (Barings Private Credit Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Morgan Stanley Direct Lending Fund), Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund), Senior Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses clause (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit), Revolving Credit Agreement (Bain Capital Private Credit), Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero; Revolving Credit Agreement provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Ares Capital Corp), Senior Secured Revolving Credit Agreement (Ares Capital Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclauses (A), (B) or through (C), then the “Value” Value of such Portfolio Investment as at such date shall be deemed to be zero; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Oaktree Finance, LLC), Senior Secured Revolving Credit Agreement (Oaktree Capital Group, LLC)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B) or (CB), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zerozero (until such Value is determined).
Appears in 2 contracts
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Guarantee and Security Agreement (Great Elm Capital Corp.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclause (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.zero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith. (E)
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.), Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Resource Capital Corp.), Secured Revolving Credit Agreement (Resource Capital Corp.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C) of Section 5.11(a), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B), (C), (D) or (CE), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zerozero (until such Value is determined).
Appears in 2 contracts
Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment in a manner consistent with its “valuation policy” (the “Valuation Policy”) as at any date pursuant to the requirements of the foregoing sub-clauses (Ai) through (iii), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero. provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than quarterly.
Appears in 2 contracts
Samples: Credit Agreement (American Capital, LTD), Senior Secured Term Loan Credit Agreement (American Capital, LTD)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A) through (F), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Ares Capital Corp)
Failure to Determine Values. If the Borrower shall fail to (x) determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.. 84 Revolving Credit Agreement
Appears in 1 contract
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses subclauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 1 contract
Samples: Assignment and Assumption (Goldman Sachs BDC, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (Ai), (Bii) or (Ciii), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 1 contract
Samples: Secured Term Loan Agreement
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B), (C), (D) or (CE), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zero.. 106
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.. 92 Second Amended and Restated Revolving Credit Agreement
Appears in 1 contract
Samples: Revolving Credit Agreement (Pennantpark Investment Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (Ai) through (iii), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 1 contract
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses subclauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually.
Appears in 1 contract
Samples: Assignment and Assumption (Corporate Capital Trust, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B), (C), (D) or (CE), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zero.. 118
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses subclauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.zero (0) for purposes of the Borrowing Base until such time as the Value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance with this Agreement. 119
Appears in 1 contract
Samples: Senior Secured Credit Agreement (BlackRock Private Credit Fund)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses clause (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zerozero for purposes of the Borrowing Base and Aggregate Portfolio Balance until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.
Appears in 1 contract
Samples: Revolving Credit Agreement (Hercules Capital, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “"Value” " of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Eligible Portfolio Investment as at such date shall be deemed to be zero.;
Appears in 1 contract
Samples: Revolving Credit Agreement (Credit Suisse Park View BDC, Inc.)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A) through (F), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.; provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently than annually. 77
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or through (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.. (iii)
Appears in 1 contract
Samples: www.sec.gov
Failure to Determine Values. If Except as otherwise set forth herein, if the Borrower shall fail to determine the value Value of any Portfolio Investment in a manner consistent with its “valuation policy” (the “Valuation Policy”) as at any date pursuant to the requirements of the foregoing sub-clauses clause (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero, but only so long as such failure continues.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (American Capital, LTD)
Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C) of Section 5.12(a), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
