Common use of Custodianship; Delivery of Collateral Obligations and Eligible Investments Clause in Contracts

Custodianship; Delivery of Collateral Obligations and Eligible Investments. (a) The Investment Manager shall deliver or cause to be delivered to State Street Bank and Trust Company, as custodian (in such capacity, the “Custodian”) and which is so appointed hereby by the Borrower, all Collateral in accordance with the definition of the term “Deliver”. The Custodian shall at all times be a Securities Intermediary. Any successor custodian shall be a state or national bank or trust company that has capital and surplus of at least $200,000,000, has DBRS Ratings of at least “A (high)” and “R-1 (middle)” and is a Securities Intermediary. The Collateral Agent or the Custodian, as applicable, shall hold (i) all Collateral Obligations, Eligible Investments, Cash and other investments purchased in accordance with this Agreement and (ii) any other property of the Borrower otherwise Delivered to the Collateral Agent or the Custodian, as applicable, by or on behalf of the Borrower, in the relevant Covered Account established and maintained pursuant to Article VIII; as to which in each case the Collateral Agent shall have entered into an agreement with the Custodian substantially in the form of the Account Control Agreement, inter alia, that the establishment and maintenance of such Covered Account will be governed by a law of a jurisdiction satisfactory to the Borrower, the Collateral Agent and the Facility Agent.

Custodianship; Delivery of Collateral Obligations and Eligible Investments. (a) The Investment Collateral Manager shall deliver or cause to be delivered to State Street The Bank and of New York Mellon Trust Company, N.A., as custodian (in such capacity, the “"Custodian”") and which is so appointed hereby by the Borrower, all Collateral in accordance with the definition of the term “"Deliver”". The Custodian shall at all times be a Securities Intermediary. Any successor custodian shall be a state or national bank or trust company that has capital and surplus of at least $200,000,000, has DBRS Ratings of at least “"A (high)” " and “"R-1 (middle)” " and is a Securities Intermediary. The Collateral Agent or the Custodian, as applicable, shall hold (i) all Collateral Obligations, Eligible Investments, Cash and other investments purchased in accordance with this Agreement and (ii) any other property of the Borrower otherwise Delivered to the Collateral Agent or the Custodian, as applicable, by or on behalf of the Borrower, in the relevant Covered Account established and maintained pursuant to Article VIII; as to which in each case the Borrower and the Collateral Agent shall have entered into an agreement with the Custodian substantially in the form of the Account Control AgreementExhibit E providing, inter alia, that the establishment and maintenance of such Covered Account will be governed by a law of a jurisdiction satisfactory to the Borrower, the Collateral Agent Borrower and the Facility Agent.

Custodianship; Delivery of Collateral Obligations and Eligible Investments. (a) The Investment Manager Collateral Manager, on behalf of the Issuer, shall deliver or cause to be delivered to State Street Bank and Trust Company, a custodian appointed by the Issuer acting as custodian for the Issuer, which shall be a Securities Intermediary (in such capacity, the “Custodian”) and which is so appointed hereby by or the BorrowerTrustee, as applicable, all Collateral Assets in accordance with the definition of the term “Deliver”. The .” Initially, the Custodian shall at all times be a Securities Intermediarythe Bank. Any successor custodian shall be a state or national bank or trust company that (x) has capital and surplus of at least $200,000,000, has DBRS Ratings of at least “A U.S.$200,000,000 and (high)” and “R-1 (middle)” and y) is a Securities Intermediary. The Collateral Agent Subject to the limited right to relocate Assets as provided in Section 7.5(b), the Trustee or the Custodian, as applicable, shall hold (i) all Collateral Obligations, Eligible Investments, Cash and other investments purchased acquired in accordance with this Agreement Indenture and (ii) any other property of the Borrower Issuer otherwise Delivered to the Collateral Agent Trustee or the Custodian, as applicable, by or on behalf of the BorrowerIssuer, in the relevant Covered Account established and maintained pursuant to Article VIIIX; as to which in each case the Collateral Agent Trustee shall have entered into an agreement the Securities Account Control Agreement with the Custodian substantially in the form of the Account Control Agreementproviding, inter alia, that the establishment and maintenance of such Covered Account will be governed by a law of a jurisdiction satisfactory to the Borrower, the Collateral Agent Issuer and the Facility AgentTrustee.

Custodianship; Delivery of Collateral Obligations and Eligible Investments. (a) The Investment Collateral Manager shall deliver or cause to be delivered to State Street The Bank and of New York Mellon Trust Company, N.A., as custodian (in such capacity, the “"Custodian”") and which is so appointed hereby by the Borrower, all Collateral in accordance with the definition of the term “"Deliver”". The Custodian shall at all times be a Securities Intermediary. Any successor custodian shall be a state or national bank or trust company that has capital and surplus of at least $200,000,000, has DBRS Ratings of at least “"A (high)” " and “"R-1 (middle)” " and is a Securities Intermediary. The Collateral Agent or the Custodian, as applicable, shall hold (i) all Collateral Obligations, Eligible Investments, Cash and other investments purchased in accordance with this Agreement and (ii) any other property of the Borrower otherwise Delivered to the Collateral Agent or the Custodian, as applicable, by or on behalf of the Borrower, in the relevant Covered Account established and maintained pursuant to Article VIII; as to which in each case the Borrower and the Collateral Agent shall have entered into an agreement with the Custodian substantially in the form of the Account Control AgreementExhibit E providing, inter alia, that the establishment and maintenance of such Covered Account will be governed by a law of a jurisdiction satisfactory to the Borrower, the Collateral Agent Borrower and the Facility Agent.. 158

Custodianship; Delivery of Collateral Obligations and Eligible Investments. (a) The Investment Collateral Manager shall deliver or cause to be delivered to State Street The Bank and of New York Mellon Trust Company, N.A., as custodian (in such capacity, the “Custodian”) and which is so appointed hereby by the Borrower, all Collateral in accordance with the definition of the term “Deliver”. The Custodian shall at all times be a Securities Intermediary. Any successor custodian shall be a state or national bank or trust company that has capital and surplus of at least $200,000,000, has DBRS Ratings of at least “A (high)” and “R-1 (middle)” and is a Securities Intermediary. The Collateral Agent or the Custodian, as applicable, shall hold (i) all Collateral Obligations, Eligible Investments, Cash and other investments purchased in accordance with this Agreement and (ii) any other property of the Borrower otherwise Delivered to the Collateral Agent or the Custodian, as applicable, by or on behalf of the Borrower, in the relevant Covered Account established and maintained pursuant to Article VIII; as to which in each case the Borrower and the Collateral Agent shall have entered into an agreement with the Custodian substantially in the form of the Account Control AgreementExhibit E providing, inter alia, that the establishment and maintenance of such Covered Account will be governed by a law of a jurisdiction satisfactory to the Borrower, the Collateral Agent Borrower and the Facility Agent.