Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each Conduit Lender and each Secondary Lender): (i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year; (ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower; (iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter; (iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements; (v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto; (vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower; (vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed; (viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC; (ix) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower; (x) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report; (xi) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice; (xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares; (xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and (xiv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Income Trust)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent Agent, each Direct Lender and S&P with respect to clauses (i), (vii), (x) and (xi) below (in each Managing Agent (case with enough additional copies to the Program Agent for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PriceWaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's ’s fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's ’s actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) as soon as possible, and in any event within one (1) Business Day, notice if the Borrowing Base is less than the product of (x) 1.1, and (y) Credits Outstanding;
(viii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiiix) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower;
(x) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A thereto, (w) on any Business Day upon the reasonable request of the Program Agent, with respect to the period from the last day covered under the Investor ReportReport most recently delivered through and including the immediately preceding Business Day (which may be daily), (x) except to the extent an Investor Report is provided pursuant to clause (y) below during such calendar week, on the Monday of each calendar week, with respect to the immediately preceding week; provided that if such Monday is not a Business Day, the immediately succeeding Business Day, (y) on or before the tenth (10th) Business Day of each calendar month, with respect to the immediately preceding calendar month, and (z) on any Business Day in respect of which the Borrowing Base is less than the product of (i) 1.1 and (ii) Credits Outstanding, with respect to the period from the last day covered under the Investor Report most recently delivered through and including the immediately preceding Business Day (which may be daily);
(xi) promptly upon its knowledge thereof with respect to each calendar month, sufficient information setting forth the details of the redemptions of the shares of beneficial interest in the Borrower for such calendar month;
(xii) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixiii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixiv) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xivxv) from time to time such additional information regarding the financial condition or business of the Borrower as the Program Agent or any Managing Agent Direct Lender may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Invesco Dynamic Credit Opportunities Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide (or cause to be provided) to the Program Agent and each Managing Agent (with enough additional copies for each the Conduit Lender and each Secondary Lender, to the extent papers copies are delivered):
(i) as soon as available, and in any event within ninety one hundred twenty (90120) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five eighty (7580) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the Borrower's portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding yeardetail, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer of the Borrower to the effect that nothing has come to the attention of such Responsible Officer to cause him/her such Responsible Officer to believe that any Default or Event of Default existed on the date of such statements;
(viv) as soon as possible, and in any event within three two (32) Business Days after a Responsible Officer of the Borrower's actual Borrower has knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(viv) as soon as possible, and in any event within two (2) Business Days, after a Responsible Officer of the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise could reasonably be expected to a reasonable possibility of have a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viivi) promptly upon the mailing thereof to the shareholders of the Borrower generally, unless duplicative of any deliveries to be made under clauses (i) and (ii) above, copies of all financial statements, reports and proxy statements so mailed;
(viiivii) promptly upon the filing thereof, unless duplicative of any deliveries to be made under clauses (i) and (ii) above, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 N-2 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixviii) on or before the first third Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II III attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by week (which shall include a Responsible Officer calculation of the Borrower's compliance with the Borrowing Base Test and Asset Coverage Test as of the end of such calendar week);
(xix) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I II hereto, for as of the last Business Day of the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report (which certificate shall include a calculation of the Borrower's compliance with the Borrowing Base Test and Asset Coverage Test as of the end of the calendar week immediately preceding the date of the delivery of the most recent Weekly Portfolio Report);
(xix) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixi) prompt notice of (a) any amendment or modification to the Investment Policies and Restrictions Restrictions, (b) any amendment or modification to the Valuation Procedures, (c) any amendment, modification, cancellation or termination of the Custodial Agreement, (d) any amendment, modification, cancellation or termination of the Advisory Agreement and (e) any amendment or modification to any industry classification criteria set forth in Schedule IV, in each case which notice shall include, in reasonable detail, a description of any such change;
(xii) from time to time upon the reasonable request of the Agent, copies of a current report identifying the locations of any Pledged Collateral maintained by the Borrower or which is in the possession of or is maintained in securities accounts with an agent or sub-custodian of the Custodian which report shall specify the Pledged Collateral held by each agent or sub-custodian; and
(xivxiii) from time to time such additional information regarding the financial condition position or business of the Borrower as any Managing the Agent may reasonably request. The Agent, the Conduit Lender and the Secondary Lender agree that the any document required to be delivered pursuant to this section 5.01(e) shall be deemed to have been delivered on the date on which such document is posted by or on behalf of the Borrower on the SEC's website located at xxxx://xxx.xxx.xxx/xxxxx/searchedgar/webusers.htm.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (First Trust Senior Floating Rate Income Fund Ii)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each the Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on so long as any Advance or before the first Borrower Obligation shall be outstanding, within one (1) Business Day after the written request (which request shall not be made more than weekly) of each weekthe Program Agent, weekly portfolio reports and weekly covenant compliance certificates a report in substantially the form of Schedule II attached hereto (each the Investor Report in respect of the Assets of the Borrower as of the determination date designated in such Program Agent's request, together with a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by certificate of a Responsible Officer of the BorrowerBorrower in substantially the form of Annex A to the Investor Report;
(x) on or before the tenth day which is two (10th2) Business Day of Days prior to each calendar month Settlement Date (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xi) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xiv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing the Program Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide The Borrower shall keep or cause to be kept in reasonable detail and in accordance with the requirements of GAAP and SAP books and records of account of the Borrower’s Assets and business. The Borrower shall furnish to the Program Agent and each Managing Agent (with enough additional copies for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) 135 days after the end of each fiscal year of the Borrower, a statement the audited consolidated balance sheet and related statements of assets operations, stockholders’ equity and liabilities cash flows of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments its consolidated Subsidiaries as of the end of and for such fiscal year, with an audit report thereon issued setting forth in each case in comparative form the figures for the previous fiscal year (if such figures were already produced for such corresponding period or periods) all reported on by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standingnational standing (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated Subsidiari es on a consolidated basis in accordance with GAAP or SAP, together with as the comparable report for the prior fiscal yearcase may be, consistently applied;
(ii) as soon as available and in any event within seventy-five (75) 60 days after the end of each of the first semi-annual three fiscal period quarters of each fiscal year of the Borrower, a statement the consolidated balance sheet and related statements of assets operations, stockholders’ equity and liabilities cash flows of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments its consolidated Subsidiaries as of the end of and for such periodfiscal quarter and the then elapsed portion of the fiscal year, all setting forth in reasonable detail and stating each case in comparative form the respective figures for the comparable period (or, in the preceding yearcase of the balance sheet, prepared as of the end of) the corresponding period or periods of the previous fiscal year (if such figures were already produced for such corresponding period or periods), all certified by a Responsible Officer of the Borrower as presenting fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated Subsidiaries on a consolidated basis in accordance with GAAPGAAP or SAP, as the case may be, consistently applied and all certified (applied, subject to normal year-end adjustment) as to fairness audit adjustments and the absence of presentation in all material respects by a Responsible Officer of the Borrowerfootnotes;
(iii) as soon as available, and in concurrently with any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses clause (i) or (ii) aboveof this Section 5.01(d), annual and semi-annual reports which a certificate signed on behalf of the Borrower shall have filed with the SEC;
(ix) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower;
(xi) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of certifying as to whether a Default or Event of Default has occurred and, if a Default or an Event of Default has occurred, specifying the details thereof and any action taken or proposed to be taken with respect thereto, (ii) stating whether any change in GAAP or SAP or in the application thereof has occurred since the date of the audited financial statements and, if any such change has occurred, specifying the effect of such change on the financial statements accompanying such certificate;
(iv) concurrently with any delivery of financial statements under clause (i) of this Section 5.01(d), a certificate of the accounting firm that reported on such financial statements stating whether they obtained knowledge during the course of their examination of such financial statements of any Default or any Event of Default (which certificate may be limited to the extent required by accounting rules or guidelines);
(v) on or before the twentieth (20th) day of each calendar month (the “Monthly Reporting Date”) or more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xivi) promptly after the same become publicly available, copies of all periodic and other reports, proxy statements and other materials filed by the Borrower or any of its respective Subsidiaries with the SEC, or any Authority succeeding to any or all of the functions of the SEC, or with any U.S. or other securities exchange, or distributed by the Borrower to its shareholders generally, as the case may be;
(vii) copies of all filings (other than nonmaterial filings) with Authorities by the Borrower or any of its Subsidiaries not later than five (5) Business Days after such filings are made, including, without limitation, filings which seek Governmental Authorizations with respect to transactions between the Borrower or any of its Affiliates;
(viii) within five (5) Business Days of such notice, notice of proposed or actual suspension, termination or revocation of any material Governmental Authorization of the Borrower by any Authority or of receipt of notice from any Authority notifying the Borrower of a hearing relating to such a suspension, termination or revocation, including any request by an Authority which commits the Borrower to take, or refrain from taking, any action or which otherwise materially and adversely affects the authority of the Borrower to conduct its business;
(ix) promptly, notice of any actual or, to the best of the Borrower’s knowledge, proposed material changes in the Insurance Code governing the investment or dividend practices of the Borrower;
(x) promptly upon its receipt receipt, (A) a copy of all material notices and contemporaneously with its giving of reports from the Trustee, the Custodian or any other party to any Program Document including, without limitation, any notice relating to of the termination of the Trust Agreement, the Custodial Agreement, the Control Agreement or any other Program Document, and (B) upon the Control Agreementprior written request of the Agent, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such changeTrustee Activity Report; and
(xivxi) from time to time promptly following any request therefor, such additional other information regarding the Assigned Collateral, the operations, business affairs and financial condition or business of the Borrower and its Affiliates, or compliance with the terms of the Program Documents, as any Managing the Agent may reasonably request.;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Xl Capital LTD)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent Agent, each Direct Lender and S&P with respect to clauses (i), (vii), (x) and (xi) below (in each Managing Agent (case with enough additional copies to the Program Agent for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) as soon as possible, and in any event within one (1) Business Day, notice if the Borrowing Base is less than the product of (x) 1.1, and (y) Credits Outstanding;
(viii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiiix) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower;
(x) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A thereto, (w) on any Business Day upon the reasonable request of the Program Agent, with respect to the period from the last day covered under the Investor ReportReport most recently delivered through and including the immediately preceding Business Day (which may be daily), (x) on the Monday of each calendar week, with respect to the immediately preceding week; provided that if such Monday is not a Business Day, the immediately succeeding Business Day, (y) on or before the tenth (10th) Business Day of each calendar month, with respect to the immediately preceding calendar month, and (z) on any Business Day in respect of which the Borrowing Base is less than the product of (i) 1.1 and (ii) Credits Outstanding, with respect to the period from the last day covered under the Investor Report most recently delivered through and including the immediately preceding Business Day (which may be daily);
(xi) promptly upon its knowledge thereof with respect to each calendar month, sufficient information setting forth the details of the redemptions of the shares of beneficial interest in the Borrower for such calendar month;
(xii) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixiii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixiv) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xivxv) from time to time such additional information regarding the financial condition or business of the Borrower as the Program Agent or any Managing Agent Direct Lender may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent Agent, and S&P with respect to clauses (i), (vii), (x) and (xi) below (in each Managing Agent (case with enough additional copies to the Program Agent for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's ’s fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) as soon as possible, and in any event within one (1) Business Day, notice if the Borrowing Base is less than the product of (x) 1.1, and (y) Credits Outstanding;
(viii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiiix) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower;
(x) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A thereto, (w) on any Business Day upon the reasonable request of the Program Agent, with respect to the period from the last day covered under the Investor ReportReport most recently delivered through and including the immediately preceding Business Day (which may be daily), (x) on the Monday of each calendar week, with respect to the immediately preceding week; provided that if such Monday is not a Business Day, the immediately succeeding Business Day, (y) on or before the tenth (10th) Business Day of each calendar month, with respect to the immediately preceding calendar month, and (z) on any Business Day in respect of which the Borrowing Base is less than the product of (i) 1.1 and (ii) Credits Outstanding, with respect to the period from the last day covered under the Investor Report most recently delivered through and including the immediately preceding Business Day (which may be daily);
(xi) promptly upon its knowledge thereof with respect to each calendar month, sufficient information setting forth the details of the redemptions of the shares of beneficial interest in the Borrower for such calendar month;
(xii) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixiii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixiv) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xivxv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing the Program Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Invesco Prime Income Trust)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each the Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety one hundred twenty (90120) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five sixty (7560) days after the end of each first semi-annual quarterly fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the Borrower’s portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer of the Borrower to the effect that nothing has come to the attention of such Responsible Officer to cause him/her such Responsible Officer to believe that any Default or Event of Default existed on the date of such statements;
(viv) as soon as possible, and in any event within three two (32) Business Days after a Responsible Officer of the Borrower's actual Borrower has knowledge of the occurrence of any Termination Event, Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and and, in the case of a Default or Event of Default, the action which the Borrower is taking or proposes to take with respect thereto;
(viv) as soon as possible, and in any event within two (2) Business Days, after a Responsible Officer of the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viivi) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiivii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 N-2 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixviii) on or before the first third Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II III attached hereto (each a "“Weekly Portfolio Report"”) with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower (which certificate shall include a calculation of the Borrower’s compliance with the Borrowing Base Test, Asset Coverage Test and TRS Portfolio Test as of the end of such calendar week);
(xix) on or before the tenth (10th) Business Day of each calendar month (or (A) as more frequently as the Agent shall request at the direction of a Rating Agency or (B) during the continuance of a Default or Event of Default Default, more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I II hereto, for as of the last Business Day of the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xix) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixi) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixii) prompt notice of any amendment or modification to the Investment Policies and Restrictions or the Asset valuation procedures of the Borrower, which notice shall include, in reasonable detail, a description of any such change;
(xiii) from time to time upon the reasonable request of the Agent, copies of a current report identifying the locations of any Pledged Collateral maintained by the Borrower or which is in the possession of or is maintained in securities accounts with an agent or sub-custodian of the Custodian which report shall specify the Pledged Collateral held by each agent or sub-custodian;
(xiv) as soon as possible, and in any event within one (1) Business Day after a Responsible Officer of the Borrower has knowledge that (A) the Borrowing Base as of any date is equal to or less than 105% of the Credits Outstandings as of such date, (B) the Borrowing Base as of any date is equal to or less than the Credits Outstandings as of such date or (C) following any occurrence described in the foregoing clause (B), the Borrower shall have caused the Borrowing Base of any date to be equal to or greater than the Credits Outstanding as of such date, a certificate of a Responsible Officer of the Borrower setting forth the details of such occurrence; and
(xivxv) from time to time such additional information regarding the financial condition position or business of the Borrower as any Managing the Agent may reasonably request. The Borrower shall provide each Rating Agency a copy of each item delivered to the Agent pursuant to the foregoing clauses (i), (ix) and (xiv).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Distressed Opportunities, Inc.)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on so long as any Advance or before the first Borrower Obligation shall be outstanding, within one (1) Business Day after the written request (which request shall not be made more than weekly) of each weekthe Program Agent, weekly portfolio reports and weekly covenant compliance certificates a report in substantially the form of Schedule II attached hereto (each the Investor Report in respect of the Assets of the Borrower as of the determination date designated in such Program Agent's request, together with a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by certificate of a Responsible Officer of the BorrowerBorrower in substantially the form of Annex A to the Investor Report;
(x) on or before the tenth day which is two (10th2) Business Day of Days prior to each calendar month Settlement Date (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xi) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xiv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing the Program Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Administrative Agent (with enough additional copies for each the Conduit Lender and each Secondary Alternate Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's ’s fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of after the Borrower's ’s actual knowledge of the occurrence of any Termination Event, Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and and, in the case of a Default or Event of Default, the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 N-2 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on so long as any Advance or before the first Borrower Obligation shall be outstanding, within one (1) Business Day after the written request (which request shall not be made more than weekly) of each weekthe Administrative Agent, weekly portfolio reports and weekly covenant compliance certificates a report in substantially the form of Schedule II attached hereto (each the Investor Report in respect of the Assets of the Borrower as of the determination date designated in such Administrative Agent’s request, together with a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by certificate of a Responsible Officer of the BorrowerBorrower in substantially the form of Annex A to the Investor Report;
(x) on or before the tenth day which is two (10th2) Business Day of Days prior to each calendar month Settlement Date (or during the continuance of a Termination Event, Default or Event of Default more frequently as the Program Administrative Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xi) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xiv) from time to time upon the reasonable request of the Administrative Agent, copies of a current report identifying the locations of any Pledged Collateral maintained by the Borrower or which is in the possession of or is maintained in securities accounts with an agent or sub-custodian of the Custodian which report shall specify the Pledged Collateral held by each agent or sub-custodian; and
(xv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing the Administrative Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Morgan Stanley Prime Income Trust)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety one hundred twenty (90120) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five sixty (7560) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the Borrower’s portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer of the Borrower to the effect that nothing has come to the attention of such Responsible Officer to cause him/her such Responsible Officer to believe that any Default or Event of Default existed on the date of such statements;
(viv) as soon as possible, and in any event within three two (32) Business Days after a Responsible Officer of the Borrower's actual Borrower has knowledge of the occurrence of any Termination Event, Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and and, in the case of a Default or Event of Default, the action which the Borrower is taking or proposes to take with respect thereto;
(viv) as soon as possible, and in any event within two (2) Business Days, after a Responsible Officer of the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viivi) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiivii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 N-2 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixviii) on or before the first third Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II III attached hereto (each a "“Weekly Portfolio Report"”) with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower (which certificate shall include a calculation of the Borrower’s compliance with the Borrowing Base Test and Asset Coverage Test as of the end of such calendar week);
(xix) on or before the tenth (10th) Business Day of each calendar month (or (A) as more frequently as the Agent or any Managing Agent shall request at the direction of a Rating Agency or (B) during the continuance of a Default or Event of Default more frequently as the Program Agent or any Managing Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I II hereto, for as of the last Business Day of the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xix) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixi) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixii) prompt notice of any amendment or modification to the Investment Policies and Restrictions or the Asset valuation procedures of the Borrower, which notice shall include, in reasonable detail, a description of any such change;
(xiii) from time to time upon the reasonable request of the Agent, copies of a current report identifying the locations of any Pledged Collateral maintained by the Borrower or which is in the possession of or is maintained in securities accounts with an agent or sub-custodian of the Custodian which report shall specify the Pledged Collateral held by each agent or sub-custodian;
(xiv) as soon as possible, and in any event within one (1) Business Day after a Responsible Officer of the Borrower has knowledge that (A) the Borrowing Base as of any date is equal to or less than 105% of the Credits Outstanding as of such date, (B) the Borrowing Base as of any date is equal to or less than the Credits Outstanding as of such date or (C) following any occurrence described in the foregoing clause (B), the Borrower shall have caused the Borrowing Base of any date to be equal to or greater than the Credits Outstanding as of such date, a certificate of a Responsible Officer of the Borrower setting forth the details of such occurrence; and
(xivxv) from time to time such additional information regarding the financial condition position or business of the Borrower as the Agent or any Managing Agent may reasonably request. The Borrower shall provide each Rating Agency a copy of each item delivered to the Agent or any Managing Agent pursuant to the foregoing clauses (i), (iv), (ix) and (xiv) (and each other item described above as any Rating Agency shall request from time to time).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Floating Rate Advantage Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three (3) Business Days of the Borrower's actual knowledge of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(vii) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ix) on so long as any Advance or before the first Borrower Obligation shall be outstanding, within one (1) Business Day after the written request of each weekthe Program Agent, weekly portfolio reports and weekly covenant compliance certificates a report in substantially the form of Schedule II attached hereto (each the Investor Report in respect of the Assets of the Borrower as of the determination date designated in such Program Agent's request, together with a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by certificate of a Responsible Officer of the BorrowerBorrower in substantially the form of Annex A to the Investor Report;
(x) on or before the tenth day which is two (10th2) Business Day of Days prior to each calendar month Settlement Date (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xi) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xiv) from time to time such additional information regarding the financial condition or business of the Borrower as any Managing the Program Agent may reasonably request.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide to the Program Agent and each Managing Agent (with enough additional copies for each the Conduit Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety one hundred twenty (90120) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's ’s portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five sixty (7560) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the Borrower’s portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer of the Borrower to the effect that nothing has come to the attention of such Responsible Officer to cause him/her such Responsible Officer to believe that any Default or Event of Default existed on the date of such statements;
(viv) as soon as possible, and in any event within three two (32) Business Days after a Responsible Officer of the Borrower's actual Borrower has knowledge of the occurrence of any Termination Event, Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and and, in the case of a Default or Event of Default, the action which the Borrower is taking or proposes to take with respect thereto;
(viv) as soon as possible, and in any event within two (2) Business Days, after a Responsible Officer of the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viivi) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiivii) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 N-2 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixviii) on or before the first third Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II III attached hereto (each a "“Weekly Portfolio Report"”) with respect to the immediately preceding calendar week, signed by a Responsible Officer of the Borrower (which certificate shall include a calculation of the Borrower’s compliance with the Borrowing Base Test and Asset Coverage Test as of the end of such calendar week);
(xix) on or before the tenth (10th) Business Day of each calendar month (or (A) as more frequently as the Agent shall request at the direction of a Rating Agency or (B) during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I II hereto, for as of the last Business Day of the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xix) promptly upon its receipt of and contemporaneously with its giving of any notice relating to the termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xiixi) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiiixii) prompt notice of any amendment or modification to the Investment Policies and Restrictions or the Asset valuation procedures of the Borrower, which notice shall include, in reasonable detail, a description of any such change;
(xiii) from time to time upon the reasonable request of the Agent, copies of a current report identifying the locations of any Pledged Collateral maintained by the Borrower or which is in the possession of or is maintained in securities accounts with an agent or sub-custodian of the Custodian which report shall specify the Pledged Collateral held by each agent or sub-custodian;
(xiv) as soon as possible, and in any event within one (1) Business Day after a Responsible Officer of the Borrower has knowledge that (A) the Borrowing Base as of any date is equal to or less than 105% of the Credits Outstanding as of such date, (B) the Borrowing Base as of any date is equal to or less than the Credits Outstanding as of such date or (C) following any occurrence described in the foregoing clause (B), the Borrower shall have caused the Borrowing Base of any date to be equal to or greater than the Credits Outstanding as of such date, a certificate of a Responsible Officer of the Borrower setting forth the details of such occurrence; and
(xivxv) from time to time such additional information regarding the financial condition position or business of the Borrower as any Managing the Agent may reasonably request. The Borrower shall provide each Rating Agency a copy of each item delivered to the Agent pursuant to the foregoing clauses (i), (iv), (ix) and (xiv) (and each other item described above as any Rating Agency shall request from time to time).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Credit Strategies Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide Keep or cause to be kept in reasonable detail and in accordance with the requirements of the SEC proper books and records of account of the Borrower's Assets and business, including, but not limited to, books and records relating to its purchase of Assets. The Borrower shall furnish to the Program Agent and each Managing Agent (with enough additional copies for each Conduit the Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer the treasurer, chief financial officer or controller of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three one (31) Business Days of the Borrower's actual knowledge Day of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(vi) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viiiv) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiiv) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixvi) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer an authorized officer of the Borrower;
(xvii) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xiviii) promptly upon its receipt of and contemporaneously with its giving receipt, a copy of any notice relating to from the Custodian of its termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xivix) from time to time such additional information regarding the financial condition position or business of the Borrower as any Managing the Agent may reasonably request.;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Liberty Floating Rate Advantage Fund)
Financial Statement; Accountants’ Reports; Other Information. Provide Keep or cause to be kept in reasonable detail and in accordance with the requirements of the SEC proper books and records of account of the Borrower's Assets and business, including, but not limited to, books and records relating to its purchase of Assets. The Borrower shall furnish to the Program Agent and each Managing Agent (with enough additional copies for each Conduit the Lender and each Secondary Lender):
(i) as soon as available, and in any event within ninety (90) days after the end of each fiscal year of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such fiscal year, and statements of operations and of changes in net assets of the Borrower for such fiscal year, and the Borrower's portfolio of investments as of the end of such fiscal year, with an audit report thereon issued by Deloitte & Touche PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing, together with the comparable report for the prior fiscal year;
(ii) as soon as available and in any event within seventy-five (75) days after the end of each first semi-annual fiscal period of the Borrower, a statement of assets and liabilities of the Borrower as at the end of such period, a statement of operations and of changes in net assets of the Borrower for such period, and the portfolio of investments as of the end of such period, all in reasonable detail and stating in comparative form the respective figures for the comparable period in the preceding year, prepared in accordance with GAAP, consistently applied and all certified (subject to normal year-end adjustment) as to fairness of presentation in all material respects by a Responsible Officer the treasurer, chief financial officer or controller of the Borrower;
(iii) as soon as available, and in any event within sixty (60) days after the end of the first and third fiscal quarters of the Borrower's fiscal years, a list setting forth each of the senior loan assets held by the Borrower and the Value thereof, in each case, as of the last day of such quarter;
(iv) simultaneously with the delivery of each set of financial statements referred to in clauses (i) and (ii) above, a statement of a Responsible Officer to the effect that nothing has come to the attention of such Responsible Officer to cause him/her to believe that any Default or Event of Default existed on the date of such statements;
(v) as soon as possible, and in any event within three one (31) Business Days of the Borrower's actual knowledge Day of the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto;
(viiv) as soon as possible, and in any event within two (2) Business Days, after the Borrower has actual knowledge of any failure by the Custodian to perform or observe any term, covenant or agreement on its part to be performed under the Custodial Agreement or the Control Agreement which failure gives rise to a reasonable possibility of a Material Adverse Effect, written notice thereof executed by a Responsible Officer of the Borrower;
(viiv) promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed;
(viiivi) promptly upon the filing thereof, copies of all registration statements (other than the exhibits thereto and any registration statements on Form S-8 or its equivalent) and unless duplicative of any deliveries to be made under clauses (i) or (ii) above, annual and semi-annual reports which the Borrower shall have filed with the SEC;
(ixvii) on or before the first Business Day of each week, weekly portfolio reports and weekly covenant compliance certificates in substantially the form of Schedule II attached hereto (each a "Weekly Portfolio Report") with respect to the immediately preceding calendar week, signed by a Responsible Officer an authorized officer of the Borrower;
(xviii) on or before the tenth (10th) Business Day of each calendar month (or during the continuance of a Default or Event of Default more frequently as the Program Agent shall reasonably request (which may be daily)), an Investor Report substantially in the form of Schedule I hereto, for the immediately preceding calendar month (or other relevant period if delivered on a daily or weekly basis), together with a certificate of a Responsible Officer of the Borrower in substantially the form of Annex A to the Investor Report;
(xiix) promptly upon its receipt of and contemporaneously with its giving receipt, a copy of any notice relating to from the Custodian of its termination of the Custodial Agreement or the Control Agreement, copies of any such notice;
(xii) prior to the issuance by the Borrower of any preferred shares, notice of such issuance which notice shall include the offering materials to be used in connection with the issuance of such preferred shares;
(xiii) prompt notice of any amendment or modification to the Investment Policies and Restrictions which notice shall include, in reasonable detail, a description of any such change; and
(xivx) from time to time such additional information regarding the financial condition position or business of the Borrower as any Managing the Agent may reasonably request.;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Floating Rate Advantage Fund)
