EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the Securitisation Regulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports.
EU Transparency Requirements. (a) The Borrower hereby agrees to be designated, pursuant to Article 7(2) of the Securitisation Regulation, as the designated reporting entity required to fulfil the EU Transparency Requirements (the “Designated Reporting Entity”), and agrees to make available to (A) any Lender, (B) the Administrative Agent, (C) any potential Lender, (D) the Collateral Agent, (E) the Equityholder, (F) the Investment Advisor, and (G) any Competent Authority (as defined under the Securitisation Regulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports (such reports, collectively, the “Transparency Reports”) (the “Required Information”).
EU Transparency Requirements. (i) Each of the Borrower and the Equityholder agrees to make available (or will cause the Collateral Manager to make available), promptly upon written request by the Administrative Agent on behalf of any Lender from time to time, the documents, reports and information necessary to enable compliance by any Lender with Article 5 of the Securitisation Regulation; provided that, notwithstanding the foregoing, the Borrower and the Equityholder shall be obligated to do so only if such documents, reports or information is: (1) not subject to a duty of confidentiality; and (2)(a) in the Borrower’s or the Equityholder's possession, or (b) not in the Borrower's or the Equityholder's possession but the Equityholder or Borrower can obtain such documents, reports or information using commercially reasonably efforts without material expense (provided further that, if obtaining such documents, reports or information would involve material expense but the requesting Lender agrees to pay it, then the Borrower shall obtain the same).
EU Transparency Requirements. (a) The Borrower has agreed to be the designated reporting entity for purposes of Article 7(2) of the Securitisation Regulation, and has agreed to make available to (A) any Lender, (B) any potential Lender and (C) any Competent Authority (as defined under the Securitisation Regulation) (each, a “Relevant Recipient”) the documents, reports and information necessary to fulfil any applicable reporting obligations under the EU Transparency Requirements, including, but not limited to each of the Investor Reports and the Portfolio Reports; provided that the first Investor Reports and Portfolio Reports shall not be required to be provided until the six-month anniversary of the Third Amendment Effective Date; provided further, that the Borrower and the Administrative Agent may agree to extend the time period set forth in the prior proviso such that the first Investor Reports and Portfolio Reports will be -167- required to be provided on a date after the six-month anniversary of the Third Amendment Date if (x) the Borrower has provided evidence reasonably acceptable to the Administrative Agent that it has made good faith commercially reasonable attempts to engage FinDox or another agent reasonably acceptable to the Borrower and BNP Paribas to assist in satisfying its reporting obligations within the time frame set forth in the previous proviso and (y) BNP Paribas, in its capacity as Lender, has consented (such consent not to be unreasonably withheld or conditioned) to such extension.
EU Transparency Requirements. (a) The Certificate Administrator and the Trustee are hereby directed to enter into the EU Risk Retention Agreement.
EU Transparency Requirements. 163 Schedule 1 Initial Individual Lender Maximum Funding Amounts and Percentages Schedule 2 S&P Industry Classifications Schedule 3 Initial Collateral Loans Schedule 4 Xxxxx’x Industry Classifications Schedule 5 Notice Information Schedule 6 Authorized Signatories Schedule 7 Diversity Score Schedule 8 [Reserved] Schedule 9 Initial Asset List Schedule 10 Cumulative Compounded XXXXX Xxxx Schedule 11 Transaction Summary EXHIBITS Exhibit A Form of Note Exhibit B Form of Notice of Borrowing (with attached form of Borrowing Base Calculation Statement) Exhibit C Form of Notice of Prepayment Exhibit D Form of Assignment and Acceptance Exhibit E [Reserved] Exhibit F Agreed-Upon Procedures Exhibit G Form of Extension Request Exhibit H Form of Data Report Exhibit I Form of Approval Request Exhibit J Form of Notice and Request for Consent REVOLVING CREDIT AND SECURITY AGREEMENT REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of October 14, 2020, among DLF FINANCING SPV LLC, a Delaware limited liability company, as borrower (the “Borrower”), the LENDERS from time to time party hereto, BNP PARIBAS (“BNP”), as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, the “Administrative Agent”), XXXXXX XXXXXXX DIRECT LENDING FUND, a Delaware corporation, as equityholder (in such capacity, the “Equityholder”), XXXXXX XXXXXXX DIRECT LENDING FUND, a Delaware corporation, as servicer (in such capacity, the “Servicer”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (“U.S. Bank”), as successor in interest to U.S. Bank National Association, as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, the “Collateral Agent”).
EU Transparency Requirements. (a) The Borrower (the “Designated Reporting Entity”) hereby agrees to make available, in accordance with the provisions of this Agreement, to the Agent, the Collateral Agent, each EU Institutional Investor Lender, any requesting EU Institutional Investor Potential Lender and any requesting Competent Authority (together, the “Relevant Recipients”):
EU Transparency Requirements
