Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least five (5) days prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Collateral Administrator shall cooperate with the Collateral Manager in connection with such review. Upon completion of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month. The Monthly Report delivered for any calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provided.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least five (5) days prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Collateral Administrator shall cooperate with the Collateral Manager in connection with such review. Upon completion of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month. The Monthly Report delivered for any calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provided.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provideda) to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least five (5) days prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Collateral Administrator shall cooperate with the Collateral Manager in connection with such review. Upon completion of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly ReportMonthly. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last calendar day of the previous prior calendar month. Not later than ten (10) Business Days following the Monthly Report Determination Date (other than the months for which a Payment Date Report is delivered, in which case, not later than such related Payment Date) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which includes a Borrowing Base Calculation Statement (using information as of the related Monthly Report Determination Date) prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral Manager on its behalf), the Collateral Administrator and the Administrative Agent). The Borrower shall provide (or cause to be provided) the Data File no later than five (5) Business Days prior to the Monthly Reporting Date. The first Monthly Report shall be delivered on February 14, 2024 and shall be determined with respect to the Monthly Report Determination Date that is January 31, 2024. The Monthly Report delivered for any a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans Assets and Eligible Investments included in the Collateral set forth on in Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency2, and shall be determined as of the Monthly Report Determination Date applicable to for such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being providedcalendar month.
Appears in 2 contracts
Samples: Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Diameter Credit Co)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral Manager, the Collateral Administrator Manager and the Administrative Agent). The Collateral Administrator Manager shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, Administrative Agent and the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least five (5) days prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Collateral Administrator shall cooperate with the Collateral Manager in connection with such review. Upon completion of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting Date, the Collateral Administrator Manager shall compile and provide to the Agents, the Collateral Manager Administrative Agent and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month. The Monthly Report delivered for any calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC Logan Ridge pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provided.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Logan Ridge Finance Corp.), Revolving Credit and Security Agreement (Logan Ridge Finance Corp.)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provided) If the Trustee has not received any notice from the Issuer provided for in this Section 10.5 on the date on which such notice is due to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral ManagerTrustee, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator Trustee shall use commercially reasonable efforts to assist cause such notice to be delivered by the Collateral Manager to compile such Monthly Report Issuer no later than 10:00 a.m. on the applicable Payment Date. Originals or copies of all reports provided for in this Section 10.5 shall be kept at least five (5) days prior to the Monthly Reporting DateRegistered Office. The Collateral Administrator shall use commercially reasonable efforts will create a collateral database of certain characteristics (to assist the extent required for the performance of its obligations hereunder and otherwise as reasonably agreed by the Trustee and the Collateral Manager) of the Collateral Interests and Eligible Investments credited from time to time to the Accounts identified in Section 10.2 hereof (the “Collateral Database”). The Collateral Administrator will update the Collateral Database periodically to reflect rating changes by the Rating Agencies, any purchases, sales or other dispositions of Collateral Interests or Eligible Investments, in each case such information regarding purchases, sales or other dispositions being based upon information furnished to the Collateral Administrator by the Issuer or the Collateral Manager to review and confirm the calculations made as may be reasonably required by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Administrator from time to time. The Collateral Administrator shall cooperate with will provide each of the Collateral Manager and the Advancing Agent with access to the information contained in connection with the Collateral Database in electronic format, the format and scope of such review. Upon completion of the Monthly Report information to be reasonably agreed by the Collateral Manager and the Trustee. The Collateral Administrator will reasonably cooperate with the Issuer and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and in providing the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” Rating Agencies with respect to any calendar month will such additional information as may be the last day reasonably requested by such parties as required under Section 10.8 of the previous calendar month. The Monthly Report delivered for any calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral ManagerIndenture. The Collateral Manager shall provide such statement have the right to obtain any information relating to the Collateral Administrator Interests directly from the applicable lender, borrower or issuer and is hereby authorized to be included in the Monthly Report at least five (5) days prior take all reasonable actions necessary to such Monthly Reporting Date. In addition, perform its duties hereunder or under the Collateral Management Agreement. The Collateral Manager shall provide together with each Data File a copy of each amendmentwill inform the Trustee, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in not later than the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (orwith respect to each Payment Date, in respect of the first Monthly Report, from the Closing Date) together with a listing identity and amount of sales proceeds of each Collateral Loan with respect to Interest which one of has been sold during the foregoing amendments, modifications or waivers is being providedrelated Due Period.
Appears in 1 contract
Samples: Indenture (CBRE Realty Finance Inc)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provideda) to Cash flows arising out of the Collateral Administrator Treaties, the Ancillary Agreements, the Existing Retrocession Agreements and the Administrative Agent a loan data file (Transferred Investment Assets from the “Data File”) for Coinsurance Effective Date to but excluding the previous monthly period ending on the Monthly Report Determination Closing Date (containing such information agreed upon shall be calculated in an accounting delivered by the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least Companies no later than five (5) days prior Business Days after the Closing Date (the “Post-Effective Time Accounting”). The Post-Effective Time Accounting will be in the form attached as Schedule 5.2(a) hereto. The Post-Effective Time Accounting shall be accompanied by a certification of the chief financial officer of each of the Companies that all items reflected in the Post-Effective Time Accounting were calculated in good faith by such Company for the period from the Coinsurance Effective Date to but excluding the Closing Date, based upon the relevant Books and Records of the Company, and calculated consistent with the past practices of the Company, including, without limitation, its claims payment and cash settlement practices. Each Company shall supply the Retrocessionaires with a copy of all bank statements, computer runs, work papers and supporting data relating to the Monthly Reporting Datecash flows arising out of the Treaties or otherwise used in preparing the Post-Effective Time Accounting. If the Post-Effective Time Accounting reflects a balance due to either Retrocessionaire, such balance shall be paid by the appropriate Company to such Retrocessionaire by wire transfer of immediately available funds in U.S. dollars, in the amounts and to the bank accounts designated in writing by the Retrocessionaire, simultaneously with the delivery of the Post-Effective Time Accounting. If the Post-Effective Time Accounting reflects a balance due to either Company, such balance shall be paid by the appropriate Retrocessionaire to such Company by wire transfer of immediately available funds in U.S. dollars, in the amounts and to the bank accounts designated in writing by such Company, not later than three (3) Business Days following the Retrocessionaires’ receipt of the Post-Effective Time Accounting. In either case, the amount paid shall be the balance due as shown on the Post-Effective Time Accounting plus interest for the period from the Coinsurance Effective Date to but excluding the Closing Date at an annual rate of three percent (3 %) on one-half of such balance due.
(b) Cash flows arising out of the Treaties, the Ancillary Agreements, the Existing Retrocession Agreements and the Transferred Investment Assets from and including the Closing Date to but excluding the Transition Date shall be calculated in an accounting delivered by the Companies no later than five (5) Business Days after the Transition Date (the “Post-Transition Accounting”). The Collateral Administrator Post-Transition Accounting will be in the same form as the Post-Effective Time Accounting. The Post-Transition Accounting shall use commercially reasonable efforts be accompanied by a certification of the chief financial officer of each of the Companies that all items reflected in the Post-Transition Accounting were calculated in good faith by such Company for the period from and including the Closing Date to assist but excluding the Collateral Manager Transition Date, based upon the relevant Books and Records of the Company, and calculated consistent with the past practices of the Company, including, without limitation, its claims payment and cash settlement practices. Each Company shall supply the Retrocessionaires with a copy of all computer runs, work papers and supporting data used in preparing the Post-Transition Accounting. If the Post-Transition Accounting reflects a balance due to review either Retrocessionaire, such balance shall be paid by the appropriate Company to such Retrocessionaire by wire transfer of immediately available funds in U.S. dollars in the amounts and confirm to the bank accounts designated in writing by the Retrocessionaire, simultaneously with the delivery of the Post-Transition Accounting. If the Post-Transition Accounting reflects a balance due to either Company, such balance shall be paid by the appropriate Retrocessionaire to such Company by wire transfer of immediately available funds in U.S. dollars, in the amounts and to the bank accounts designated in writing by such Company, not later than three (3) Business Days following the Retrocessionaires’ receipt of the Post-Transition Accounting. In either case, the amount paid shall be the balance due as shown on the Post-Transition Accounting plus interest for the period from and including the Closing Date to but excluding the Transition Date at an annual rate of three percent (3 %) on one-half of such balance due.
(c) The Retrocessionaires shall give written notice (an “Objection Notice”) to the Companies of any objections to the calculations made shown in the Post-Effective Time Accounting or the Post-Transition Accounting within 180 days after the receipt by the Collateral Manager in Retrocessionaires of the Post-Transition Accounting. Such Objection Notice will set forth the Retrocessionaires’ proposal as to each item to which the Retrocessionaires objects together with appropriate support for such objections. If the Retrocessionaires do not deliver an Objection Notice within such 180-day period, the Post-Effective Time Accounting and the Post-Transition Accounting shall be deemed to be conclusive, final and binding on the parties. Any disputes regarding the amounts calculated by the Companies pursuant to this Section 5.2 shall be submitted to PricewaterhouseCoopers LLP (the “Independent Accountant”), which shall be the exclusive means for the resolution of any such Monthly Report by disputes. The parties shall provide to the Monthly Reporting DateIndependent Accountant the Post-Effective Time Accounting and/or the Post-Transition Accounting, as applicable, and the Collateral Administrator shall cooperate with appropriate Objection Notice, as well as any documenta- tion they believe will assist the Collateral Manager Independent Accountant in connection resolving the disputes, together with such reviewdocumentation as may be requested by the Independent Accountant. Upon completion The parties shall instruct the Independent Accountant to resolve such disputes and issue a written report with respect thereto within 45 days following its receipt of such documentation. The determination of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting DateIndependent Accountant will, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month each item in dispute, be limited to the range for such item proposed by the Companies in the Post-Effective Time Accounting or the Post-Transition Accounting, as applicable, and the Retrocessionaires in the appropriate Objection Notice. The decision of the Independent Accountant will be final and binding on the last day parties with the same effects as if the issues in dispute had been resolved by arbitration pursuant to Section 10.9 of this Agreement. The fees and expenses of the previous calendar month. The Monthly Report delivered for any calendar month shall contain Independent Accountant will be allocated between the information parties in accordance with the Independent Accountant’s assessment of the merits of the parties’ positions with respect to the Collateral Loans and Eligible Investments included matters in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provideddispute.
Appears in 1 contract
Samples: Master Agreement (Annuity & Life Re (Holdings), Ltd.)
Accountings. The Collateral Manager (a) Monthly. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the first Business Day of such calendar month. Not later than the twenty-second (22nd) calendar day of each month, or the next succeeding Business Day if such day is not a Business Day (and other than the months for which a Payment Date Report is delivered) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which shall be provided along with a Borrowing Base Calculation Statement (using information as of the related Determination Date) prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral ManagerManager on its behalf), the Collateral Administrator and the Administrative Agent). The Collateral Administrator Borrower shall assist the Collateral Manager to compile provide (or cause to be compiledprovided) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least Data File no later than five (5) days Business Days prior to the Monthly Reporting DateDate or the date on which the Payment Date Report is due, as applicable. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such first Monthly Report by the Monthly Reporting Dateshall be delivered on March 22, 2024 and the Collateral Administrator shall cooperate be determined with the Collateral Manager in connection with such review. Upon completion of respect to the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting DateDetermination Date that is March 1, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month2024. The Monthly Report delivered for any a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans Assets and Eligible Investments USActive 59109857.10 included in the Collateral set forth on in Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency2, and shall be determined as of the Monthly Report Determination Date applicable to for such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being providedcalendar month.
Appears in 1 contract
Samples: Credit and Security Agreement (LGAM Private Credit LLC)
Accountings. The Collateral Manager (a) Monthly. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the first Business Day of such calendar month. Not later than the twenty-second (22nd) calendar day of each month, or the next succeeding Business Day if such day is not a Business Day (and other than the months for which a Payment Date Report is delivered) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which shall be provided along with a Borrowing Base Calculation Statement (using information as of the related Determination Date) prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in USActive 59109857.15 accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral ManagerManager on its behalf), the Collateral Administrator and the Administrative Agent). The Collateral Administrator Borrower shall assist the Collateral Manager to compile provide (or cause to be compiledprovided) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least Data File no later than five (5) days Business Days prior to the Monthly Reporting DateDate or the date on which the Payment Date Report is due, as applicable. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such first Monthly Report by the Monthly Reporting Dateshall be delivered on March 22, 2024 and the Collateral Administrator shall cooperate be determined with the Collateral Manager in connection with such review. Upon completion of respect to the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting DateDetermination Date that is March 1, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month2024. The Monthly Report delivered for any a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans Assets and Eligible Investments included in the Collateral set forth on in Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency2, and shall be determined as of the Monthly Report Determination Date applicable to for such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being providedcalendar month.
Appears in 1 contract
Samples: Credit and Security Agreement (LGAM Private Credit LLC)
Accountings. The Collateral Manager (a) Monthly. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the first Business Day of such calendar month. Not later than the twenty-second (22nd) calendar day of each month, or the next succeeding Business Day if such day is not a Business Day (and other than the months for which a Payment Date Report is delivered) (the “Monthly Reporting Date”), the Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Equityholder a monthly report (which shall be provided along with a Borrowing Base Calculation Statement (using information as of the related Determination Date) prepared by the Collateral Manager and provided to the Collateral Administrator for inclusion in the Monthly Report) (each, a “Monthly Report”) in accordance with this Section 8.09. The Borrower shall compile and provide (or cause to be compiled and provided) to the Administrative Agent and the Collateral Administrator a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Borrower (or the Collateral ManagerManager on its behalf), the Collateral Administrator and the Administrative Agent). The Collateral Administrator Borrower shall assist the Collateral Manager to compile provide (or cause to be compiledprovided) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least Data File no later than five (5) days Business Days prior to the Monthly Reporting DateDate or the date on which the Payment Date Report is due, as applicable. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such first Monthly Report by the Monthly Reporting Dateshall be delivered on March 22, 2024 and the Collateral Administrator shall cooperate be determined with the Collateral Manager in connection with such review. Upon completion of respect to the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting DateDetermination Date that is March 1, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month2024. The Monthly Report delivered for any a calendar month shall be in substantially the form attached hereto as Exhibit I and shall contain the information with respect to the Collateral Loans Assets and Eligible Investments included in the Collateral set forth on in Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency2, and shall be determined as of the Monthly Report Determination Date applicable to for such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being providedcalendar month.
Appears in 1 contract
Samples: Credit and Security Agreement (LGAM Private Credit LLC)
Accountings. The Collateral Manager shall compile and provide (or cause to be compiled and provided) to the Collateral Administrator and the Administrative Agent a loan data file (the “Data File”) for the previous monthly period ending on the Monthly Report Determination Date (containing such information agreed upon by the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall assist the Collateral Manager to compile (or cause to be compiled) a monthly report on a settlement basis (each, a “Monthly Report”) (containing such information agreed upon by the Collateral Agent, the Collateral Manager, the Collateral Administrator and the Administrative Agent). The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to compile such Monthly Report at least five (5) days prior to the Monthly Reporting Date. The Collateral Administrator shall use commercially reasonable efforts to assist the Collateral Manager to review and confirm the calculations made by the Collateral Manager in any such Monthly Report by the Monthly Reporting Date, and the Collateral Administrator shall cooperate with the Collateral Manager in connection with such review. Upon completion of the Monthly Report by the Collateral Manager and the Collateral Administrator and in any event by no later than the Monthly Reporting Date, the Collateral Administrator shall compile and provide to the Agents, the Collateral Manager and the Lenders the Monthly Report. As used herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the previous calendar month. The Monthly Report delivered for any calendar month shall contain the information with respect to the Collateral Loans and Eligible Investments included in the Collateral set forth on Schedule 2 hereto including, for the avoidance of doubt, calculation statements with respect to the Dollar Equivalent of Collateral Loans denominated in an Approved Foreign Currency and amounts held in the applicable Principal Collection Subaccount and the Interest Collection Subaccount for each Approved Foreign Currency, and shall be determined as of the Monthly Report Determination Date applicable to such Monthly Report. Additionally, each Monthly Report that is delivered on the first Monthly Reporting Date to occur after the delivery of the quarterly valuation statements for the BDC pursuant to Section 5.01(d)(iii) shall include a statement reporting the assets (including cash) under management by the Collateral Manager. The Collateral Manager shall provide such statement to the Collateral Administrator to be included in the Monthly Report at least five (5) days prior to such Monthly Reporting Date. In addition, the Collateral Manager shall provide together with each Data File a copy of each amendment, modification or waiver under any Related Document for each Collateral Loan that constitutes a Material Modification, together with each other amendment, modification or waiver under any Related Document for each Collateral Loan that, in the Collateral Manager’s reasonable judgment, are material in relation to the related Obligor, in each case that became effective during the one month period ending on the Monthly Report Determination Date for the immediately prior Monthly Report (or, in respect of the first Monthly Report, from the Closing Date) together with a listing of each Collateral Loan with respect to which one of the foregoing amendments, modifications or waivers is being provided.the
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)