Currency Commitment Provisions. 1. Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. 2. On each FX Evaluation Date, (A) the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing Base, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding and such Xxxxxx’s Pro Rata Percentage or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower shall deliver, as applicable, in accordance with Section 17.3, to each Agent (with a copy to the Collateral Agent) a notice in the form of Exhibit C‑5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zone, on the third Business Day following delivery of such FX Reallocation Notice). 3. Notwithstanding anything to the contrary herein, at no time shall (v) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (w) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (x) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (y) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 2 contracts
Samples: Loan Agreement (FS KKR Capital Corp), Loan Financing and Servicing Agreement (FS KKR Capital Corp)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding.
2. (ii) On each FX Evaluation Date, (A) the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing Base, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding and such Xxxxxx’s Pro Rata Percentage or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower shall deliver, as applicable, in accordance with Section 17.3, to each Agent (with a copy to the Collateral Agent) a notice in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zone, on the third Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (v) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (w) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (x) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (y) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 2 contracts
Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp), Loan Financing and Servicing Agreement (FS KKR Capital Corp)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CB) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (DC) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase Advances in Dollars from DBNY and sell Advances its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation Date, (A) the Servicer on behalf of the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent, each Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing BaseLender, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding Outstanding and such XxxxxxLender’s Pro Rata Percentage or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager Facility Agent and the Facility Agent Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliverdeliver to the Facility Agent, as applicable, in accordance with Section 17.3, to each Agent and each Lender (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) to sell to, or purchase from, as applicable, the other Lenders from DBNY and its Affiliates Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (v) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (w) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xw) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (yx) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros Euros, (y) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 2 contracts
Samples: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.), Loan Financing and Servicing Agreement (GOLUB CAPITAL INVESTMENT Corp)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (D) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstanding.
2. (ii) On each FX Evaluation Date, (A) the Borrower Servicer shall calculate the each Borrowing Base and deliver such calculation calculations to the Facility Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower Collateral Agent and each Agent such calculation of the Borrowing BaseAgent, together with each the Pro Rata Percentage and the actual percentage of the Advances outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date, the Applicable Conversion Rate of any Eligible Currency (other than Dollars) has increased or decreased by 10% or more since the most recent FX Reallocation or, if no FX Reallocation has occurred, the Effective Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding and such Xxxxxx’s Pro Rata Percentage or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliver, as applicable, in accordance with Section 17.3, deliver to the Facility Agent and each Agent (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-4 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, as applicable, the other Lenders Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstandingoutstanding (a “FX Reallocation”). Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time ZoneNew York City time, on the third Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (vA) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (wB) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xC) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros, (D) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, Dollars and (y) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or (zE) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each CHF Advance shall be funded in Dollars its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (DF) each Euro Advance funded in Euros shall be funded in its entirety by the Euro Lenders and Lenders, (EG) each GBP Advance funded in GBPs shall be funded in its entirety by the GBP Lenders, (H) each NOK Advance shall be funded in its entirety by the NOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation Date, (A) the Servicer on behalf of the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent, each Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing BaseLender, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any differencedifference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case case, between any Lender’s actual percentage of the Advances outstanding Outstanding and such XxxxxxLxxxxx’s Pro Rata Percentage Percentage, in each case, in the applicable Eligible Currency or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager Facility Agent and the Facility Agent Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliverdeliver to the Facility Agent, as applicable, in accordance with Section 17.3, to each Agent and each Lender (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, the other Lenders, as applicable, the other Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (vA) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (wB) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xC) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (yF) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or Euros, (zG) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs, (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Golub Capital Direct Lending Corp)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CB) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (DC) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders, (D) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders and (E) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase Advances in Dollars from DBNY and sell Advances its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation Date, (A) the Servicer on behalf of the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent, each Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing BaseLender, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any difference, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding Outstanding and such Xxxxxx’s Pro Rata Percentage or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager Facility Agent and the Facility Agent Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliverdeliver to the Facility Agent, as applicable, in accordance with Section 17.3, to each Agent and each Lender (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) to sell to, or purchase from, as applicable, the other Lenders from DBNY and its Affiliates Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (v) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (w) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xw) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (yx) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros Euros, (y) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (C) each CHF Advance shall be funded in Dollars its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (DF) each Euro Advance funded in Euros shall be funded in its entirety by the Euro Lenders and Lenders, (EG) each GBP Advance funded in GBPs shall be funded in its entirety by the GBP Lenders, (H) each NOK Advance shall be funded in its entirety by the NOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation Date, (A) the Servicer on behalf of the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent, each Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing BaseLender, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any differencedifference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case case, between any Lender’s actual percentage of the Advances outstanding Outstanding and such Xxxxxx’s Pro Rata Percentage Percentage, in each case, in the applicable Eligible Currency or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager Facility Agent and the Facility Agent Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliverdeliver to the Facility Agent, as applicable, in accordance with Section 17.3, to each Agent and each Lender (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Lender to sell to, or purchase from, the other Lenders, as applicable, the other Lenders Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (vA) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (wB) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xC) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (yF) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or Euros, (zG) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs, (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Golub Capital BDC 4, Inc.)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each AUD Advance funded in AUDs shall be funded in its CADsits entirety by the AUD Lenders, (B) each CAD Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CBC) each CHF Advance funded in Dollars Dollarsshall be funded in its entirety by the CHF Lenders, (D) each DKK Advance shall be funded in its entirety by the DKK Lenders, (E) each Dollar Advance shall be funded in its entirety by the Dollar Lenders, (DCF) each Euro Advance funded in Euros shall be funded in its entirety by the Euro Lenders and Lenders, (EDG) each GBP Advance funded in AUDs shall be funded in its entirety by the AUDGBP Lenders and, (EH) each NOK Advance funded in GBPs shall be funded in its entirety by the GBP GBPNOK Lenders, (I) each NZD Advance shall be funded in its entirety by the NZD Lenders and (J) each SEK Advance shall be funded in its entirety by the SEK Lenders; provided that, no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Dollar Lender (other than any Dollar Lenders who are also CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable) shall purchase and sell Advances in Dollars from DBNY and its Affiliates in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation Date, (A) the Servicer on behalf of the Borrower shall calculate the Borrowing Base and deliver such calculation to the Facility Agent, each Agent and (B) the Facility Agent shall deliver in accordance with Section 17.3, to the Collateral Agent, the Borrower and each Agent such calculation of the Borrowing BaseLender, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a) or (c) of the definition thereof, any differencedifference between any Lender’s actual percentage of the Advances Outstanding and such Lender’s Pro Rata Percentage, (y) there is on any other FX Evaluation Date, a difference of 2.5% or more, in each case case, between any Lender’s actual percentage of the Advances outstanding Outstanding and such Xxxxxx’s Pro Rata Percentage Percentage, in each case, in the applicable Eligible Currency or (z) on any date any Lender has provided written notice to the Borrower, the Investment Manager Facility Agent and the Facility Agent Servicer that such Lender directs (in its sole discretion) a reallocation under this Section 2.2(d)(ii), the Borrower Servicer shall deliverdeliver to the Facility Agent, as applicable, in accordance with Section 17.3, to each Agent and each Lender (with a copy to the Collateral AgentCustodian and the Loan Registrar) a notice substantially in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Dollar Lender (other than any Dollar Lenders who are also AUD Lenders, CAD Lenders, Euro Lenders and/or GBP Lenders, as applicable)Lender to sell to, or purchase fromfrom DBNY and its Affiliates, the other Lenders, as applicable, the other Lenders Advances in Dollars in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its respective Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., New York City time, on the third second Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (vvA) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (wB) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (xwC) any CHF Lender have any obligation to fund any Advance in an Eligible Currency other than CHFs, (D) any DKK Lender have any obligation to fund any Advance in an Eligible Currency other than DKKs, (E) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (yxF) any Euro Lender have any obligation to fund any Advance in an Eligible Currency other than Euros Euros, (yG) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs., (H) any NOK Lender have any obligation to fund any Advance in an Eligible Currency other than NOKs, (I) any NZD Lender have any obligation to fund any Advance in an Eligible Currency other than NZDs or (J) any SEK Lender have any obligation to fund any Advance in an Eligible Currency other than SEKs, in each case, unless it also constitutes such other type of Lender.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.)
Currency Commitment Provisions. 1. (i) Each Lender hereby agrees that (A) each Advance funded in AUDs shall be funded in its entirety by the AUD Lenders, (B) each Advance funded in CADs shall be funded in its entirety by the CAD Lenders, (CB) each Advance funded in Dollars shall be funded in its entirety by the Dollar Lenders, (DC) each Advance funded in Euros shall be funded in its entirety by the Euro Lenders and (ED) each Advance funded in GBPs shall be funded in its entirety by the GBP Lenders; provided that, that no Lender other than DBNY and its Affiliates shall be required to fund any Advances in any Eligible Currency (other than Dollars) in an amount greater than its Pro Rata Percentage of the Advances to be made in such Eligible Currency. On the date of each Advance, each Lender shall purchase and sell Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding.
2. (ii) On each FX Evaluation DateDate (or (I) with respect to any FX Evaluation Date specified in clause (e) of the definition thereof, on one Business Day after such FX Evaluation Date and (II) with respect to any FX Evaluation Date specified in clause (c) of the definition thereof, (A) if the Borrower or Servicer has notified the Facility Agent of such Event of Default and a grace period is applicable to such Event of Default, on the date of such notification and (B) if the Borrower or Servicer has notified the Facility Agent of such Event of Default (X) on or before 10:00 a.m. (New York time) and no grace period is applicable to such Event of Default, on the date of such notification or (Y) after 10:00 a.m. (New York time) and no grace period is applicable to such Event of Default, on one Business Day after the date of such notification), (A) the Borrower Servicer shall calculate the Borrowing Base and deliver such calculation to the Facility Agent Administrative Agent, and (B) the Facility Administrative Agent shall deliver in accordance with Section 17.317.3 to the Facility Agent, to the Collateral Agent, the Borrower Servicer and each Agent Lender such calculation of the Borrowing Base, together with each Pro Rata Percentage and the actual percentage of the Advances outstanding Outstanding owing to each Lender as of such FX Evaluation Date. If (x) there is on any FX Evaluation Date specified in clauses (a), (c), (d) or (ce) of the definition thereof, any difference, difference or (y) there is on any other FX Evaluation DateDate specified in clause (b) of the definition thereof, a difference of 2.5% or more, in each case between any Lender’s actual percentage of the Advances outstanding Outstanding and such Xxxxxx’s Pro Rata Percentage or (z) Percentage, then on any date any Lender has provided written notice to the Borrower, the Investment Manager and the Facility Agent that such Lender directs (in its sole discretion) a of reallocation under this Section 2.2(d)(ii)) pursuant to the last sentence of this paragraph, (A) the Borrower Servicer shall deliver, as applicable, deliver to the Administrative Agent and (B) the Administrative Agent shall deliver in accordance with Section 17.317.3 to the Facility Agent, to each Agent (with a copy to the Collateral Agent) , the Servicer and each Lender a notice in the form of Exhibit C‑5 C-5 (each, an “FX Reallocation Notice”) directing each Lender (notwithstanding Section 6.2(a)(i)) to sell to, or purchase from, as applicable, the other Lenders Lenders’ Advances in an aggregate amount such that, after giving effect to each such purchase, each Lender owns its Pro Rata Percentage of the Advances outstandingOutstanding. Each Lender agrees to comply with the direction provided in the FX Reallocation Notice. Each such purchase and sale of Advances outstanding Outstanding shall occur on the second Business Day following delivery of the related FX Reallocation Notice (or, if the related FX Reallocation Notice is delivered to any Lender after 4:00 p.m. in the Applicable Time Zonep.m., London time, on the third Business Day following delivery of such FX Reallocation Notice).
3. (iii) Notwithstanding anything to the contrary herein, at no time shall (v) any AUD Lender have any obligation to fund any Advance in an Eligible Currency other than AUDs, (w) any CAD Lender have any obligation to fund any Advance in an Eligible Currency other than CADs, (x) any Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Dollars, (y) any Euro Dollar Lender have any obligation to fund any Advance in an Eligible Currency other than Euros or (z) any GBP Lender have any obligation to fund any Advance in an Eligible Currency other than GBPs.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Silver Point Specialty Lending Fund)