Common use of Establishment and Maintenance of Collateral Accounts Clause in Contracts

Establishment and Maintenance of Collateral Accounts. The Company hereby appoints the Securities Intermediary and has directed the establishment of, and the Securities Intermediary hereby acknowledges that it has established, each of the Custodial Account, the USD Principal Collection Account, the USD Interest Collection Account, the Cure Account and the Unfunded Exposure Account (such accounts collectively, the "USD Collateral Accounts") and the Permitted Non-USD Currency Accounts. The USD Collateral Accounts and the Permitted Non-USD Currency Accounts are referred to herein collectively as the "Collateral Accounts". Each Collateral Account shall be comprised of a securities account and a related deposit account, as provided hereinafter and in the Account Agreement. The Securities Intermediary agrees (x) to maintain each of the Collateral Accounts that is a securities account as a "securities intermediary" (within the meaning of Section 8-102(a)(14) of the Uniform Commercial Code in effect in the State of New York (the "UCC") and an "intermediary" within the meaning of Article 1(1)(c) of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Hague Securities Convention")), in the name of the Company subject to the lien of the Collateral Agent and (y) not to change the name or account number of any Collateral Account without the prior consent of the Collateral Agent. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts for others and in that capacity has established the Collateral Accounts in the name of the Company. The Securities Intermediary holds all money in the Permitted Non-USD Currency Accounts as a securities intermediary and not as trustee or fiduciary and as a result such money will not be held as client money in accordance with applicable local law.

Establishment and Maintenance of Collateral Accounts. The Company hereby appoints the Securities Intermediary and has directed the establishment ofto establish, and the Securities Intermediary does hereby acknowledges that it has establishedestablish, each of the Custodial Principal Collection Account, Interest Collection Account, the Permitted Non-USD Currency Principal Collection Account, the Permitted Non-USD Currency Interest Collection Account, the MV Cure Account and the Unfunded Exposure Account (such accounts collectively, the "USD “Collateral Accounts") ”); provided that it is understood and agreed that, notwithstanding the establishment of such Permitted Non-USD Currency Accounts. The USD Collateral Accounts and as set forth above, the Permitted Non-USD Currency Accounts are referred to herein collectively in respect of any Permitted Non-USD Currency shall not be available for the receipt of cash and Portfolio Investments until such time as the "Securities Intermediary notifies the Company, the Portfolio Manager, the Administrative Agent and the Collateral Accounts". Each Agent in writing (including via email) that such accounts are operational and available to receive such cash and Portfolio Investments (and neither the Securities Intermediary nor the Collateral Account Agent shall be comprised of a securities account and a related deposit account, as provided hereinafter and have any liability for any failure or delay in the receipt of such cash or Portfolio Investments) (each such notice, a “Permitted Non-USD Currency Account AgreementOpening Notice”). The Securities Intermediary agrees (x) to maintain each of the Collateral Accounts that is a securities account as a "“securities intermediary" ” (within the meaning of Section 8-102(a)(14) of the Uniform Commercial Code in effect in the State of New York (the "UCC") and an "intermediary" within the meaning of Article 1(1)(c) of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Hague Securities Convention")), in the name of the Company subject to the lien of the Collateral Agent and (y) not to change under this Agreement. In the name or account number of event any Collateral Account without is re-characterized as a deposit account, the prior consent Securities Intermediary agrees to maintain such Collateral Account as a “bank” (within the meaning of Section 9-102(a)(8) of the UCC) (in such capacity, the “Bank”), in the name of the Company subject to the lien of the Collateral AgentAgent under this Agreement. The Securities Intermediary hereby certifies that it is a bank or trust company that in the ordinary course of business maintains securities accounts and deposit accounts for others and in that capacity has established the Collateral Accounts in the name of the Company. The Securities Intermediary holds all money in the Permitted Non-USD Currency Accounts as a securities intermediary and not as trustee or fiduciary and as a result such money will not be held as client money in accordance with applicable local lawAccounts.