Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Date and make available such Collateral Report to the Administrative Agent, each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the Servicer on each Reporting Date starting with the Reporting Date in July 2014. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item, with a copy of such notice and information to the Administrative Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Agent and request instructions on how to proceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 unless timely received by it and shall have no obligation to monitor such delivery.
Appears in 2 contracts
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (HMS Income Fund, Inc.)
Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Date and make available such Collateral Report to the Administrative Agent, each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the Servicer on each Reporting Date starting with the Reporting Date in July 2014. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item, with a copy of such notice and information to the Administrative Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Agent and request instructions on how to proceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 unless timely received by it and shall have no obligation to monitor such delivery.
Appears in 1 contract
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.)
Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Facility Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Determination Date and make available such Collateral Report to the Administrative AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx, xxx.xxxxxxxx@xx.xxx, xxxxxxx.xxxxxxxxx@xx.xxx, xxxxx.xxxxx-xxxxxx@xx.xxx and xxxxxxxx.xxxxxxxxxxx@xx.xxx), each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the Servicer on each Reporting Date starting with the Reporting Date in July 2014May 2024. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item, and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Administrative Facility Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Facility Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Facility Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Facility Agent and request instructions on how to proceed. The Administrative Facility Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Facility Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 10.22 unless timely received by it and shall have no obligation to monitor such delivery.
Appears in 1 contract
Samples: Financing and Servicing Agreement (Capital Southwest Corp)
Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Date and make available such Collateral Report to the Administrative Agent, each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the Servicer on each Reporting Date starting with the Reporting Date in July 2014. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item, with a copy of such notice and information to the Administrative Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Agent and request instructions on how to proceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 unless timely received by it and shall have no obligation to monitor such delivery.. Article IX
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (HMS Income Fund, Inc.)
Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Date and make available such Collateral Report to the Administrative Agent, each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the Servicer on each Reporting Date starting with the Reporting Date in July 2014. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item, with a copy of such notice and information to the Administrative Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Agent and request instructions on how to proceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 unless timely received by it and shall have no obligation to monitor such delivery.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (HMS Income Fund, Inc.)
Collateral Report. The Collateral Agent shall prepare (based on information provided to it by the Servicer, the Administrative Agent and the Lenders as set forth herein) a Collateral Report in the form of Exhibit D determined as of the close of business on each Monthly Date and make available such Collateral Report to the Administrative Agent, each Lender (via the Collateral Agent’s Website), Morningstar (via email at XXXXxxxxxxxxx@xxxxxxxxxxx.xxx), the Borrower and the -71- Servicer on each Reporting Date starting with the Reporting Date in July 2014. Each Collateral Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a). If any party receiving any Collateral Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Administrative Agent and the Servicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Collateral Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, the Collateral Agent shall (within one Business Day) contact the Administrative Agent and request instructions on how to proceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Collateral Report shall be conclusive (absent manifest error). The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Collateral Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Collateral Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Collateral Report (which shall include an Officer’s Certificate of the Borrower or the Servicer of the Borrowing Base calculations in connection with part (a)(iii) of Exhibit D) and (ii) the Administrative Agent and the Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Collateral Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Collateral Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates to the Borrower and the Servicer for execution. For avoidance of doubt, the Collateral Agent shall not be obligated to include a risk retention report under Section 10.24 unless timely received by it and shall have no obligation to monitor such delivery.
Appears in 1 contract
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.)