Common use of Investment Assets Clause in Contracts

Investment Assets. The Company shall, or shall cause its applicable Subsidiaries to, deliver to Parent, within 15 Business Days following the end of each calendar month, a summary report of (a) all Investment Assets (other than real estate) owned by the Company or any of its Subsidiaries as of such month end and if available, the market value thereof as of such month end (or, if not available as of such month end, then as of the most recent available date) and (b) all Investment Assets that are real estate owned by the Company or any of its Subsidiaries as of such month end and the carrying values thereof as of the most recent calendar quarter end as determined on a basis consistent with the Company’s current practices with respect to its real estate (and, if there has been any third party appraisal or report completed and delivered to the Company during such month that speaks to the value of any particular real estate property, such information will be included in the report for that month). Except for the Investment Assets set forth in Section 6.13 to the Company Disclosure Schedule (the “Specified Investment Assets”), the market values for Investment Assets provided by the Company pursuant to clause (a) of the prior sentence will be determined from reference to a data file retrieved by the Company through the Company’s investment management software provided by Clearwater Analytics, LLC. With respect to the Specified Investment Assets (for which the Company receives only quarter-end valuation updates), the Company will use commercially reasonable efforts (including by incurring such cost as the Company may determine in its reasonable discretion) to obtain month-end reports of market value of the Specified Investment Assets from the custodians of the Specified Investment Assets. From and after the date hereof until the Closing, the Company shall cause executives and officers of the Company and its Subsidiaries, and shall use commercially reasonable efforts to cause third-party investment managers of the Company and its Subsidiaries, in each case, having primary responsibility for Investment Assets to be available during business hours to answer questions and consult with Representatives of Parent, as reasonably requested by Parent in writing, with respect to such matters.

Investment Assets. The Company shall, or shall cause its applicable Subsidiaries to, deliver to Parent, within 15 Business Days fifteen (15) business days following the end of each calendar monthmonth starting in March 2023, a summary report of (a) all Investment Assets (other than real estate) owned by the Company or any of its Subsidiaries as of such month end end, and if available, the market value thereof as of such month end (or, if not available as of such month end, then as of the most recent available date) and (b) all Investment Assets that are real estate owned by the Company or any of its Subsidiaries as of such month end and the carrying values thereof as of the most recent calendar quarter such month end as determined on a basis consistent with the Company’s current practices with respect to its real estate (and, if there has been any third party appraisal or report completed and delivered to the Company during such month that speaks to the value of any particular real estate property, such information will be included in the report for that month). Except for the , (c) all Investment Assets set forth in Section 6.13 to sold or otherwise disposed of during the Company Disclosure Schedule preceding month, (the “Specified Investment Assets”), the market values for d) all Investment Assets provided purchased by the Company pursuant or any of its Subsidiaries during the preceding month and (e) all Investment Assets that are in arrears or breach or default in the payment of principal or interest or dividends or are, or should be, classified as non-performing, non-accrual, ninety (90) days past due, still accruing and doubtful of collection, in foreclosure or any comparable classification, or are permanently impaired to clause (a) any extent; provided, however, that such monthly summary report shall not include a current expected credit losses analysis with respect to any of the prior sentence Investment Assets; provided, further, that a summary current expected credit losses analysis on the applicable Investment Assets will be determined from reference to a data file retrieved delivered by the Company through the Company’s investment management software provided by Clearwater Analytics, LLC. With respect to the Specified Investment Assets (for which the Company receives only quarter-end valuation updates), the Company will use commercially reasonable efforts (including by incurring such cost as the Company may determine in or its reasonable discretionapplicable Subsidiaries) to obtain month-Parent within fifteen (15) business days following the end reports of market value of the Specified Investment Assets from the custodians of the Specified Investment Assetseach fiscal quarter. From and after the date hereof until the Closing, subject to applicable Law, the Company shall cause executives and officers of the Company and its Subsidiaries, and shall use commercially reasonable efforts to cause third-party investment managers of the Company and its Subsidiaries, in each case, applicable employees having primary responsibility for Investment Assets to be available during business hours to answer questions and reasonably consult with Representatives of Parent, Parent as reasonably requested by Parent in writing, not to exceed once per month, with respect to such matters, including future planned or potential sales and purchases of Investment Assets and the treatment of any impaired or potentially impaired Investment Assets.

Investment Assets. The Company shall, or shall cause its applicable Subsidiaries to, deliver to Parent, within 15 as soon as practicable (but in no event later than 25 Business Days following the end of each calendar month), a summary report of (a) all Investment Assets (other than real estate) owned by the Company or any of its Subsidiaries as of such month end end, and if available, the market value thereof as of such month end (or, if not available as of such month end, then as of the most recent available date) and (b) all Investment Assets that are real estate owned by the Company or any of its Subsidiaries as of such month end and the carrying values thereof as of the most recent calendar quarter such month end as determined on a basis consistent with the Company’s current practices with respect to its real estate (and, if there has been any third party appraisal or report completed and delivered to the Company during such month that speaks to the value of any particular real estate property, such information will be included in the report for that month). Except for the , (c) all Investment Assets set forth in Section 6.13 to sold or otherwise disposed of during the Company Disclosure Schedule preceding month, (the “Specified Investment Assets”), the market values for d) all Investment Assets provided purchased by the Company pursuant or any of its Subsidiaries during the preceding month and (e) all Investment Assets that are in arrears or breach or default in the payment of principal or interest or dividends or are, or should be, classified as non-performing, non-accrual, ninety days past due, still accruing and doubtful of collection, in foreclosure or any comparable classification, or are permanently impaired to clause any extent; provided, however, that such monthly summary report shall not include a current expected credit losses (aa “CECL”) analysis with respect to any of the prior sentence Investment Assets; provided further that a summary CECL analysis on the applicable Investment Assets will be determined from reference to a data file retrieved delivered by the Company through the Company’s investment management software provided by Clearwater Analytics, LLC. With respect to the Specified Investment Assets (for which the Company receives only quarter-end valuation updates), the Company will use commercially reasonable efforts (including by incurring such cost as the Company may determine in or its reasonable discretionapplicable Subsidiaries) to obtain month-Parent as soon as practicable (but in no event later than 25 Business Days following the end reports of market value of the Specified Investment Assets from the custodians of the Specified Investment Assetseach fiscal quarter). From and after the date hereof until the Closing, the Company shall cause the applicable executives and officers of the Company and its Subsidiaries, and shall use commercially reasonable efforts to cause third-party investment or managers of the Company and its Subsidiaries, in each case, having primary responsibility for Investment Assets to be available during business hours to answer questions and consult with Representatives of Parent, Parent as reasonably requested by Parent in writing, not to exceed once per month, with respect to such matters, including future planned or potential sales and purchases of Investment Assets and the treatment of any impaired or potentially impaired Investment Assets.