Common use of Failure of Borrower or Collateral Manager to Perform Certain Obligations Clause in Contracts

Failure of Borrower or Collateral Manager to Perform Certain Obligations. If the Borrower fails, or fails to cause the Collateral Manager, as applicable, to perform any of its agreements or obligations under Section 5.01(s), Section 5.02(p) or the Management Agreement, the Administrative Agent may (but shall not be required to) itself perform, or cause performance of, such agreement or obligation, and the expenses of the Administrative Agent incurred in connection therewith shall be payable by the Borrower upon the Administrative Agent’s demand therefor.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Servicing Agreement (FS Energy & Power Fund), Loan and Servicing Agreement (FS Investment Corp II)

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Failure of Borrower or Collateral Manager to Perform Certain Obligations. If the Borrower fails, or fails to cause the Collateral Manager, as applicable, to perform any of its agreements or obligations under Section 5.01(s), Section 5.02(p5.01(r) or the Management AgreementSection 5.02(m), the Administrative Agent may (but shall not be required to) itself perform, or cause performance of, such agreement or obligation, and the expenses of the Administrative Agent incurred in connection therewith shall be payable by the Borrower upon the Administrative Agent’s demand therefor.. Section 12.18

Appears in 2 contracts

Samples: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)

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Failure of Borrower or Collateral Manager to Perform Certain Obligations. If the Borrower fails, or fails to cause the Collateral Manager, as applicable, to perform any of its agreements or obligations under Section 5.01(s5.01(t), Section 5.02(p) or Section 5(q) of the Management Agreement, the Administrative Agent may (but shall not be required to) itself perform, or cause performance of, such agreement or obligation, and the expenses of the Administrative Agent incurred in connection therewith shall be payable by the Borrower upon the Administrative Agent’s demand therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment Corp III)

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