Common use of Limitation on Certain Maturity Amendments Clause in Contracts

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereof; provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, as determined by the Collateral Manager, (1) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) the Weighted Average Life Test will be satisfied or, if not satisfied, maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso above if (x) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), (y) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 months beyond the earliest Stated Maturity, and (z) immediately following such amendment or modification, not more than 5.0% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements described in the first proviso above; provided further that, the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% of the Collateral Principal Amount consists of Collateral Obligations that have been subject to a Maturity Amendment that has increased the Weighted Average Life but that has not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturity.

Appears in 2 contracts

Samples: Indenture Agreement (HPS Corporate Lending Fund), Indenture Agreement (HPS Corporate Lending Fund)

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Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereofthereof (a “Maturity Amendment”); provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, as determined by the Collateral ManagerManager after giving effect to any Trading Plan then in effect, both (1a) (i) the Weighted Average Life Test will be satisfied after giving effect to such Maturity Amendment or (ii) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, the level of compliance with the Weighted Average Life Test will be improved or maintained after giving effect to such Maturity Amendment, and (b) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) the Weighted Average Life Test will be satisfied or, if not satisfied, maintained or improved after giving effect to such Maturity AmendmentMaturity; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso above of such clauses (a) or (b) if (x) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), (y) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 24 months beyond the earliest Stated Maturity, and (z) immediately following such amendment or modification, not more than 5.0% two and one-half percent (2.5%) of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements requirement described in the first proviso clause (b) above; provided further that, the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% of the Collateral Principal Amount consists of Collateral Obligations that have been subject to a Maturity Amendment that has increased the Weighted Average Life but that has not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturity.

Appears in 2 contracts

Samples: NewStar Financial, Inc., NewStar Financial, Inc.

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereofthereof (a “Maturity Amendment”); provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, unless both (x) as determined by the Collateral ManagerManager after giving effect to any Trading Plan then in effect, (1) the Weighted Average Life Test will be satisfied after giving effect to such Maturity Amendment or (2) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, the level of compliance with the Weighted Average Life Test will be improved or maintained after giving effect to such Maturity Amendment, and (y) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) Maturity. Notwithstanding the Weighted Average Life Test will be satisfied orforegoing, if not satisfied, maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso above if of such clause (x) or (y) above if, in the Collateral Manager’s reasonable judgment judgment, such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), (y) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 months beyond the earliest Stated Maturityand so long as, and (z) immediately following such amendment or modification, (A) not more than 5.0% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements requirement described in the first proviso above; provided further that, paragraph above and (B) the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% Aggregate Principal Balance of the Collateral Principal Amount consists of all Collateral Obligations that have been subject to a Maturity Credit Amendment that has increased does not meet the Weighted Average Life but that has requirement described in the paragraph above, measured cumulatively since the Closing Date, is not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturitymore than 10% Target Initial Par Amount.

Appears in 1 contract

Samples: Indenture (PennantPark Floating Rate Capital Ltd.)

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereof; provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, as determined by the Collateral Manager, both (1x) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2y) (1) the Weighted Average Life Test will be satisfied orafter giving effect to such Maturity Amendment or (2) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, if not satisfied, the level of compliance with the Weighted Average Life Test will be improved or maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the first proviso above if (xa) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (xa), a “Credit Amendment”), (yb) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 24 months beyond the earliest Stated Maturity, and (zc) immediately following such amendment or modification, not more than 5.0% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements described in the first proviso above; provided further thatprovided, the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, that not more than 10.02.0% of the Collateral Principal Amount consists of Collateral Obligations that have been subject to a Maturity Credit Amendment that has increased does not meet the Weighted Average Life but that has not extended the stated maturity requirements described in clause (x) of the related Collateral Obligation beyond the Stated Maturity.first proviso above. Section 7.21

Appears in 1 contract

Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereofthereof (a “Maturity Amendment”); provided, provided that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, unless both (x) as determined by the Collateral ManagerManager after giving effect to any Trading Plan then in effect, the Weighted Average Life Test will be satisfied after giving effect to such Maturity Amendment and (1y) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) Maturity. Notwithstanding the Weighted Average Life Test will be satisfied orforegoing, if not satisfied, maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso of such clause (x) or (y) above if (xa) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), and (yb) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 24 months beyond the earliest Stated Maturity, and (z) so long as, immediately following such amendment or modification, (A) not more than 5.05% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements requirement described in the first proviso above; provided further that, paragraph above and (B) the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% Aggregate Principal Balance of the Collateral Principal Amount consists of all Collateral Obligations that have been subject to a Maturity Credit Amendment that has increased does not meet the Weighted Average Life but that has requirement described in the paragraph above, measured cumulatively since the Closing Date, is not extended the stated maturity more than 15% of the related Collateral Obligation beyond the Stated MaturityTarget Initial Par Amount.

Appears in 1 contract

Samples: Indenture and Security Agreement (Silver Point Specialty Lending Fund)

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Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereofthereof (a “Maturity Amendment”); provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, as determined by the Collateral ManagerManager after giving effect to any Trading Plan then in effect, both (1a) (i) the Weighted Average Life Test will be satisfied after giving effect to such Maturity Amendment or (ii) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, the level of compliance with the Weighted Average Life Test will be improved or maintained after giving effect to such Maturity Amendment, and (b) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) the Weighted Average Life Test will be satisfied or, if not satisfied, maintained or improved after giving effect to such Maturity AmendmentMaturity; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso above of such clauses (a) or (b) if (x) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), (y) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 24 months beyond the earliest Stated Maturity, and (z) immediately following such amendment or modification, not more than five percent (5.0% %) of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements requirement described in the first proviso clause (b) above; provided further that, the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% of the Collateral Principal Amount consists of Collateral Obligations that have been subject to a Maturity Amendment that has increased the Weighted Average Life but that has not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturity.

Appears in 1 contract

Samples: NewStar Financial, Inc.

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereof; provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, as determined by the Collateral Manager, both (1x) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2y) (1) the Weighted Average Life Test will be satisfied orafter giving effect to such Maturity Amendment or (2) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, if not satisfied, the level of compliance with the Weighted Average Life Test will be improved or maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the first proviso above if (xa) in the Collateral Manager’s reasonable judgment such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (xa), a “Credit Amendment”), (yb) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 24 months beyond the earliest Stated Maturity, and (zc) immediately following such amendment or modification, not more than 5.0% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements described in the first proviso above; provided further that, the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% of the Collateral Principal Amount consists of Collateral Obligations that have been subject to a Maturity Amendment that has increased the Weighted Average Life but that has not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturity.not

Appears in 1 contract

Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending Corp.)

Limitation on Certain Maturity Amendments. (a) The Issuer (or the Collateral Manager on the Issuer’s behalf) may agree to any amendment, waiver or other modification to any Collateral Obligation that would extend the stated maturity date thereofthereof (a “Maturity Amendment”); provided, that neither the Issuer nor the Collateral Manager on the Issuer’s behalf may agree to any Maturity Amendment unless, unless both (x) as determined by the Collateral ManagerManager after giving effect to any Trading Plan then in effect, (1) the Weighted Average Life Test will be satisfied after giving effect to such Maturity Amendment or (2) if the Weighted Average Life Test was not satisfied immediately prior to giving effect to such Maturity Amendment, the level of compliance with the Weighted Average Life Test will be improved or maintained after giving effect to such Maturity Amendment, and (y) the stated maturity of the related Collateral Obligation is not extended beyond the earliest Stated Maturity and (2) Maturity. Notwithstanding the Weighted Average Life Test will be satisfied orforegoing, if not satisfied, maintained or improved after giving effect to such Maturity Amendment; provided further that the Issuer may enter into any Maturity Amendment that does not meet the requirements described in the proviso above if of such clause (x) or (y) above if, in the Collateral Manager’s reasonable judgment judgment, such Maturity Amendment is necessary (i) to prevent the related Collateral Obligation from becoming a Defaulted Obligation or (ii) due to the materially adverse financial condition of the related Obligor, to minimize material losses on the related Collateral Obligation (any such Maturity Amendment described in this clause (x), a “Credit Amendment”), (y) the stated maturity of any Collateral Obligation subject to a Credit Amendment is not extended to more than 12 months beyond the earliest Stated Maturityand so long as, and (z) immediately following such amendment or modification, (A) not more than 5.0% of the Collateral Principal Amount consists of Collateral Obligations subject to a Credit Amendment that does not meet the requirements requirement described in the first proviso above; provided further that, paragraph above and (B) the Issuer shall not agree to any Maturity Amendment unless, immediately following such amendment or modification, not more than 10.0% Aggregate Principal Balance of the Collateral Principal Amount consists of all Collateral Obligations that have been subject to a Maturity Credit Amendment that has increased does not meet the Weighted Average Life but that has requirement described in the paragraph above, measured cumulatively since the Closing Date, is not extended the stated maturity of the related Collateral Obligation beyond the Stated Maturitymore than 10.0% Target Initial Par Amount.

Appears in 1 contract

Samples: Indenture and Security Agreement (PennantPark Floating Rate Capital Ltd.)

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