Conflict with the Indenture. In the event that this Agreement requires any action to be taken with respect to any matter and the Indenture requires that a different action be taken with respect to such matter, and such actions are mutually exclusive, the provisions of the Indenture in respect thereof shall control.
Appears in 36 contracts
Samples: Collateral Management Agreement (Blue Owl Credit Income Corp.), Collateral Management Agreement (Carlyle Secured Lending, Inc.), Asset Management Agreement (Ares Capital Corp)
Conflict with the Indenture. In the event that If this Agreement requires shall require that any action to be taken with respect to any matter and the Indenture requires shall require that a different action be taken with respect to such matter, and such actions are shall be mutually exclusive, or if this Agreement should otherwise conflict with the Indenture, the provisions of the Indenture in respect thereof shall control.
Appears in 8 contracts
Samples: Collateral Administration Agreement (Ares Capital Corp), Collateral Administration Agreement (BC Partners Lending Corp), Collateral Administration Agreement (Barings BDC, Inc.)
Conflict with the Indenture. In the event that If this Agreement requires shall require that any action to be taken with respect to any matter and the Indenture requires that shall require that, a different action be taken with respect to such matter, and such actions are shall be mutually exclusive, or if this Agreement should otherwise conflict with the provisions of Indenture, the Indenture in respect thereof shall controlgovern.
Appears in 6 contracts
Samples: Collateral Administration Agreement, Collateral Administration Agreement (FS Investment Corp III), Collateral Administration Agreement (FS Investment Corp II)
Conflict with the Indenture. In the event that If this Agreement requires shall require that any action to be taken with respect to any matter and the Indenture requires shall require that a different action be taken with respect to such matter, and such actions are shall be mutually exclusive, or if this Agreement should otherwise conflict with the provisions of Indenture, the Indenture in respect thereof shall controlgovern.
Appears in 6 contracts
Samples: Collateral Administration Agreement (FS Energy & Power Fund), Collateral Administration Agreement (Bain Capital Specialty Finance, Inc.), Collateral Administration Agreement (Bain Capital Specialty Finance, Inc.)
Conflict with the Indenture. In the event that this Agreement requires any action to be taken with respect to any matter and the Indenture requires that a different action be taken with respect to such matter, and such actions are mutually exclusive, the provisions of the Indenture this Agreement in respect thereof shall control. The Collateral Manager agrees to be bound by the terms of the Indenture applicable to it.
Appears in 5 contracts
Samples: Collateral Management Agreement (Taberna Realty Finance Trust), Collateral Management Agreement (Taberna Realty Finance Trust), Collateral Management Agreement (Taberna Realty Finance Trust)
Conflict with the Indenture. In the event that this Agreement requires any action to be taken with respect to any matter and the Indenture requires that a different action be taken with respect to such matter, and such actions are mutually exclusive, the provisions of the Indenture in respect thereof shall control. In respect of any other conflict between the terms of this Agreement and the Indenture or actions required under the terms of the Indenture and the terms of this Agreement, the terms of the Indenture shall control.
Appears in 3 contracts
Samples: Collateral Management Agreement (KCAP Financial, Inc.), Collateral Management Agreement (TICC Capital Corp.), Collateral Management Agreement (TICC Capital Corp.)
Conflict with the Indenture. In the event that this Agreement requires any action to be taken by the Issuer with respect to any matter and the Indenture requires that a different action be taken by the Issuer with respect to such matter, and such actions are mutually exclusive, the provisions of the Indenture in respect thereof shall control.
Appears in 1 contract
Samples: Collateral Management Agreement (MSD Investment Corp.)
