Common use of Administration of the Loan Clause in Contracts

Administration of the Loan. (a) The Lender shall provide the MSF with copies of all financial statements provided by the Borrower to the Lender and copies of all Loan Documents. Unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts one or more specific documents (under terms and conditions acceptable to the Chairperson of the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real property and subsequently leasing the real property to a related operating company, Lender shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) The Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan (ii) amend any of the Lender Assurances on Appendix A or any of the Borrower Assurances on Appendix B, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (v) effectuate any of the circumstances in Section 7(c)(i), Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv).

Administration of the Loan. (a) The Lender shall provide the MSF HGIA with copies of all the final loan approval, including the spread and analysis of xxxxxxxx and guarantor (as applicable) financial statements or financial statements provided by the Borrower to the Lender Lender, if said financial statement spread and analysis is not included in the Lender’s loan approval packet, and copies of all Loan Documents. Unless the Chairperson Executive Director of the MSF Board or MSF Fund Manager HGIA specifically exempts one or more specific documents (under terms and conditions acceptable to the Chairperson of the MSF Board or MSF Fund ManagerExecutive Director), the Lender shall provide the MSF HGIA with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a related operating company, Lender Xxxxxx shall also deliver to the MSF HGIA a fully executed copy of the “Operating Company Certification” in the form of Appendix C attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS]”. (b) The Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSFHGIA, provided however, the Lender may not, without the express prior written approval of the Chairperson Executive Director of the MSF Board or MSF Fund ManagerHGIA, by amendment or otherwise: (i) increase the amount of the Loan (ii) amend any of the Lender Assurances on Appendix A warranties and representations herein or any of the Borrower Assurances on Appendix BBorrower’s representations in the Borrower’s Certificate and Agreement submitted with the Loan Documents, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business, or (c) sales of collateral in the event of liquidation of collateral as a result of an occurrence of an event described in Section 14(b); or (v) effectuate any of the circumstances in Section 7(c)(i), Section 7(c)(ii), Section 7(c)(iii), ) or Section 7(c)(iv). (d) Upon the request of HGIA, as necessary to comply with SSBCI requirements, the Lender shall provide HGIA with copies of current financial statements and tax returns provided by the Borrower to the Lender.

Administration of the Loan. (a) The Lender shall provide the MSF with copies of all financial statements Except as otherwise provided by this Participation Agreement, the Borrower to original Loan Documents shall be retained by the Lender and copies of all Loan DocumentsLending Institution. Unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts provides written authorization to exempt one or more specific documents (under the terms and conditions acceptable to the Chairperson him), copies of all Loan Documents shall be forwarded to the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documentsupon execution. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a related operating company, Lender shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C D attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) ] The Lender shall disclose the existence of this Participation Agreement to the Borrower Borrower, and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) . The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan Loan; (ii) amend change any of the essential terms of the Loan which are summarized on Appendix A and also include the Lender Assurances on Appendix A or any of B, and the Borrower Assurances on Appendix BC, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or other obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (viv) effectuate any of the circumstances in Section 7(c)(i3(c)(i) through Section 3(c)(iv). The Lender shall provide to the MSF the internal risk rating assigned by the Lender to the Loan, Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv)and promptly provide the MSF with written notice of any change by the Lender to the internal risk rating.

Administration of the Loan. (a) The Lender shall provide the MSF with copies of all financial statements provided by the Borrower to the Lender Lender, and copies of all Loan Documents. Unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts one or more specific documents (under terms and conditions acceptable to the Chairperson of the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a related operating company, Lender shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) ] The Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) . The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan (ii) amend any of the Lender Assurances on Appendix A or any of the Borrower Assurances on Appendix BAppendix’s, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business, or (c) sales of collateral in the event of liquidation of collateral as a result of an occurrence of an event described in Section 14(b); or (v) effectuate any of the circumstances in Section 7(c)(i), Section 7(c)(ii), Section 7(c)(iii), ) or Section 7(c)(iv).

Administration of the Loan. (a) The Lender shall provide the MSF with copies of all financial statements Except as otherwise provided by this Participation Agreement, the Borrower to original Loan Documents shall be retained by the Lender and copies of all Loan DocumentsLender. Unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts provides written authorization to exempt one or more specific documents (under the terms and conditions acceptable to the Chairperson him), copies of all Loan Documents shall be forwarded to the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documentsupon execution. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real property and subsequently leasing the real property to a related operating company, Lender shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C D attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) The Lender shall disclose the existence of this Participation Agreement to the Borrower Borrower, and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan Loan; or (ii) amend change any of the essential terms of the Loan which are summarized on Appendix A and also include the Lender Assurances on Appendix A or any of B, and the Borrower Assurances on Appendix B, C; or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or other obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (v) effectuate any of the circumstances in Section 7(c)(i), 3(c)(i) through Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv3(c)(iv). (d) The Lender shall provide to the MSF the internal risk rating assigned by the Lender to the Loan, and promptly provide the MSF with written notice of any change by the Lender to the internal risk rating.

Administration of the Loan. (a) The Except as otherwise provided by this Participation Agreement, the original Loan Documents shall be retained by the Lending Institution, provided however, upon closing of the Loan, the Lender shall provide must forward to the MSF with copies Loan Manager the copy of all financial statements provided this Participation Agreement, signed by the Lender, including the Borrower Acknowledgment signed by the Borrower to and made a part hereof, along with the Lender Borrower Assurances made part of Appendix C, and copies of any applicable schedules made a part thereof, all Loan Documentssigned by the required parties therein. Unless Further, unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts provides written authorization to exempt one or more specific documents (under the terms and conditions acceptable to the Chairperson him or her), copies of all Loan Documents shall be forwarded to the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documentsupon execution. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a related operating company, Lender Xxxxxx shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C D attached to this Agreement Agreement, and the applicable schedules thereto, upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) The Lender shall disclose the existence of this Participation Agreement to the Borrower Borrower, and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan Loan; (ii) amend change any of the Lender Assurances essential terms of the Loan which are summarized on Appendix A A, or change any terms of the Borrower Acknowledgment made a part hereof, or change any terms on Appendix B or Appendix C, and any applicable schedules made a part of any of the Borrower Assurances foregoing (iii) to the extent applicable and made part of this Agreement, change any of the terms on Appendix BD or any applicable schedules thereto, or (iiiiv) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or other obligor of the Loan; or (ivv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (vvi) effectuate any of the circumstances in Section 7(c)(i), 3(c)(i) through Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv3(c)(v). (d) The Lender shall provide to the MSF the internal risk rating assigned by the Lender to the Loan, and promptly provide the MSF with written notice of any change by the Lender to the internal risk rating.

Administration of the Loan. (a) The Except as otherwise provided by this Participation Agreement, the original Loan Documents shall be retained by the Lending Institution, provided however, upon closing of the Loan, the Lender shall provide must forward to the MSF with copies Loan Manager the copy of all financial statements provided this Participation Agreement, signed by the Lender, including the Borrower Acknowledgment signed by the Borrower to and made a part hereof, along with the Lender Borrower Assurances made part of Appendix C, and copies of any applicable schedules made a part thereof, all Loan Documentssigned by the required parties therein. Unless Further, unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts provides written authorization to exempt one or more specific documents (under the terms and conditions acceptable to the Chairperson him or her), copies of all Loan Documents shall be forwarded to the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documentsupon execution. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a related operating company, Lender Xxxxxx shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C D attached to this Agreement Agreement, and the applicable schedules thereto, upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) The Lender shall disclose the existence of this Participation Agreement to the Borrower Borrower, and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. The Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan Loan; (ii) amend change any of the Lender Assurances essential terms of the Loan which are summarized on Appendix A A, or change any terms of the Borrower Acknowledgment made a part hereof, or change any terms on Appendix B or Appendix C, and any applicable schedules made a part of any of the Borrower Assurances foregoing (iii) to the extent applicable and made part of this Agreement, change any of the terms on Appendix BD or any applicable schedules thereto, or (iiiiv) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or other obligor of the Loan; or (ivv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (viv) effectuate any of the circumstances in Section 7(c)(i), 3(c)(i) through Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv3(c)(v). (d) The Lender shall provide to the MSF the internal risk rating assigned by the Lender to the Loan, and promptly provide the MSF with written notice of any change by the Lender to the internal risk rating.