Existing Transactions. In the event that the parties have entered into Transactions prior to the date of this Agreement (collectively, the “Prior Transactions”), the parties agree that all such Prior Transactions shall constitute Transactions under and governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.
Existing Transactions. In the event that the parties have entered into Transactions prior to the date of this Agreement (collectively, the “Prior Transactions”), the parties agree that all such Prior Transactions shall constitute Transactions under and be governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control; provided that, (i) all Additional Amounts, under and as defined in the Prior Transactions, shall automatically become Independent Amounts under this Agreement, and (ii) all Performance Assurance, as held by a party pursuant to the terms of and as defined in the Prior Transactions, shall automatically become Posted Credit Support under this Agreement, in each case subject to the terms of this Agreement.
Existing Transactions. The parties agree that this Agreement shall apply to all transactions which are outstanding as at the date of this Agreement so that such transactions shall be treated as if they had been entered into under this Agreement, and the terms of such transactions are amended accordingly with effect from the date of this Agreement.
Existing Transactions. The Parties agree that this Agreement shall apply to all transactions which are subject to a Master Repurchase Agreement (if any) previously entered into between them and which are outstanding as at the date of this Agreement so that such transactions shall be treated as if they had been entered into under this Agreement, and the terms of such transactions are amended accordingly with effect from the Effective Date of this Agreement.
Existing Transactions. All Transactions entered into between the parties hereto prior to the date of the Agreement which are outstanding at the date of the Agreement are hereby deemed to have been entered into pursuant to the Agreement and are governed by its terms.
Existing Transactions. Only those Transactions entered into between the Parties prior to the Effective Date which are described on Exhibit C ("Existing Transactions") shall be governed by this Master Agreement, and in the event any terms of this Master Agreement and the Existing Transactions are conflicting or inconsistent, the terms of this Master Agreement will control unless otherwise stated in such Exhibit C. Any prior Transaction entered into between the Parties, which is not described on Exhibit C, shall not be governed by this Master Agreement.
Existing Transactions. 1. Incremental extensions to existing borrowers (i.e., new money) will be approved by a majority of the Investment Committee, including an affirmative vote from the Chairman or his designee.
2. Refinancings and restructurings should be discussed with the NFIC Chief Compliance Officer (“CCO”), General Counsel, and CFO to ensure alignment with regulatory and tax requirements of NFIC. Waivers and amendments not involving incremental exposure will be approved in accordance with the following grid and explanatory notes below: NF Investment Corp. Risk Policy Manual – September 2013 Trade Secret and Strictly Confidential 7 Single Obligor 100% Lender Vote Issues: increase in commitment, reduction in interest rate or Libor floor, waiver or postponement of any scheduled maturity date or any date fixed for a payment of principal or release of substantially all the collateral or any guarantee Majority of the Investment Committee, including an affirmative vote of the Chairman or his designee Majority of the Investment Committee, including an affirmative vote of the Chairman or his designee Single Obligor Financial Covenants and Major Issues that are not 100% Lender Vote Issues: (Pricing, Payment Terms, Acquisitions, Divestitures, Restricted Payments, Changes which weaken Collateral or Guarantees, Subordination or Inter-creditor issues with 2nd lien or mezzanine) Risk Management(2)(3) Risk Management and NFIC President(2)(4) Single Obligor all other issues Portfolio Management Staff (VP or higher) Risk Management(2)(3)(4)
(1) Where NFIC acts as Administrative Agent on a syndicated credit, the NFIC Head of Capital Markets and the General Counsel should be consulted on waivers and amendments regarding financial covenants and major issues.
(2) For purposes of the grid above, Risk Management includes both the NFIC Head of Risk Management and the NFIC Head of Underwriting and Portfolio Management.
(3) The NFIC President may substitute for either NFIC Head of Risk Management or the NFIC Head of Underwriting and Portfolio Management in their absence.
(4) If the Middle Market Senior Loan has been assigned to the Loan Workout Team (see Policy 5.2—Problem Loan Management), the NFIC Head of Loan Workout will approve the waiver or amendment instead of the NFIC Head of Underwriting and Portfolio Management.
3. Funding in accordance with approved facilities will be approved in accordance with the following grid. It is the responsibility of approving officers to assure that all condit...
Existing Transactions. Approval for incremental extensions to existing borrowers (i.e., new money) resides solely with the Investment Committee. The Investment Committee may pre-approve existing transactions on the basis of the following three metrics: (1) the size (dollar amount per investment), (2) the price, and (3) the timeframe in which the transaction must be executed. Approval and pre-approval requires a majority vote of the members of the Investment Committee, including an affirmative vote from the Chairman or his designee.
Existing Transactions. Approval authority for all existing transactions resides solely with the Structured Credit Deal Committee. The Structured Credit Deal Committee may pre-approve existing transactions on the basis of the following three metrics: (1) the size (dollar amount per investment), (2) the price, and (3) the timeframe in which the transaction must be executed. Approval and pre-approval requires a majority vote of the members of the Structured Credit Deal Committee, including an affirmative vote from the SCDC Chairman or his designee.
Existing Transactions. To the extent that Party A and Party B have entered into financial swaps, options or other financial derivative transactions (“Existing Transactions”) prior to the execution of this Agreement, they hereby agree that such Existing Transactions shall for all purposes be deemed to be Transactions hereunder and shall be subject to all of the terms of this Agreement. The provisions of this Agreement shall amend and supersede any conflicting provisions set forth in any confirmation or other agreements governing the Existing Transactions.
