Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying Instruments, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying Instruments, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying Instruments, (iii) a quarterly email update to the portfolio summary prepared by the Servicer with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20) Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar month. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Collateral Manager will post on a password protected website maintained by the Servicer Borrower to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer Collateral Manager pursuant to the Underlying Instruments, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan for such Obligor) provided to the Borrower and/or the Servicer Collateral Manager monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer Collateral Manager as specified in the Underlying Instruments, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer Collateral Manager by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer Collateral Manager as specified in the Underlying Instruments, (iii) a monthly or quarterly email update to the portfolio summary prepared by the Servicer Collateral Manager with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20) 30 Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer Collateral Manager with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) 90 days after the end of each calendar monthquarter and 150 days after the end of each fiscal year. Upon demand by the Administrative Agent, the Servicer Collateral Manager will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Collateral Manager will post on a password protected website maintained by the Servicer deliver to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer Collateral Manager pursuant to the Underlying Instruments, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including (x) any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan for such ObligorObligor and (y) provided the annual audited financial statements with respect to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such each Obligor, which delivery shall be made within ten 45 days (10) Business Days after receipt by the Borrower and/or the Servicer or such longer period as specified in the Underlying Instruments, (ii) after the annual budget (along with subsequent changes thereto) with respect to end of each such Obligor and provided to the Borrower and/or the Servicer by month or such Obligor’s fiscal quarters, which delivery shall be made as applicable (excluding the last month or fiscal quarter, as applicable, of each such Obligor’s fiscal year), and within ten 90 days (10) Business Days after receipt by the Borrower and/or the Servicer or such longer period as specified in the Underlying Instruments) after the end of each such Obligor’s fiscal year, (ii) to the extent available to the Borrower and/or the Collateral Manager pursuant to the Underlying Instruments, promptly following the date the Borrower acquires an Eligible Loan, audited financial statements of the related Obligor for the three year period most recently ended with respect to the related Obligor and (iii) a quarterly email update to the portfolio summary “tear sheet” prepared by the Servicer Collateral Manager with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty within ten (2010) Business Days after receipt by following the Borrower Collateral Manager’s completion of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect such update. The Collateral Manager will promptly deliver to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar month. Upon demand by the Administrative Agent, upon reasonable request and to the Servicer will provide such extent received by the Borrower and/or the Collateral Manager, all other documents and information as required to be delivered by Obligors to the Administrative Agent may reasonably request Borrower with respect to any ObligorLoan included in the Collateral.
Appears in 1 contract
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Portfolio Manager will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Lenders and the Collateral Agent, with respect to each Obligor, (i) all documents and information required to the extent received be delivered by the Borrower and/or the Servicer pursuant to Obligor under the Underlying InstrumentsInstruments with respect to each Loan Asset, and the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, Portfolio Manager quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten sixty (1060) Business Days days after receipt by the Borrower and/or end of such Obligor's first three (3) fiscal quarters and ninety (90) days after the Servicer end of such Obligor's fiscal year-end (which financial reporting package shall include, at minimum, sufficient details to determine Cash Interest Coverage Ratio, Senior Leverage Ratio, Total Leverage Ratio and EBITDA, as specified in applicable, for such Obligor); provided that this clause (i) shall not be construed as to require delivery of any Obligor information that is confidential pursuant to the Underlying InstrumentsInstrument unless such recipient enters into a confidentiality agreement, in which case, the delivery of such Obligor information shall be required to the extent a confidentiality agreement has been entered into pursuant to the terms of the Underlying Instrument, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer Portfolio Manager by such Obligor, which delivery shall be made within ten five (105) Business Days after receipt by the Borrower and/or the Servicer Portfolio Manager as specified in the related Underlying Instruments, (iii) a quarterly email update to the portfolio summary prepared promptly upon receipt by the Servicer Borrower or the Portfolio Manager, the valuation report(s) for the Regularly Scheduled Valuation for such fiscal quarter and any valuation reports conducted by third parties in connection with the proposed investment with respect to the Obligor, (iv) updated Obligor Information to the extent such Obligor and with respect the related Loan Asset is subject to each Loan for such Obligora credit re-evaluation by the Portfolio Manager, which delivery shall be made no later than twenty and (20v) written notice within two (2) Business Days after receipt by a change in the Borrower Portfolio Manager's internal investment rating score for the related Loan Asset below a rating of the information set forth in clause three (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar month. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor3).
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Collateral Manager will post on a password protected website maintained by the Servicer deliver to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each Obligor, except in the case of any Broadly Syndicated Loan which is included in the Collateral for fewer than 90 days (iunless otherwise requested by the Administrative Agent due to a Lender’s compliance, regulatory or other internal requirements), and otherwise if requested by the Administrative Agent and to the extent available to the Collateral Manager (on behalf of the Borrower) (either pursuant to the Underlying Instruments or using commercially reasonable efforts to obtain the same), to the extent received by the Borrower and/or the Servicer Collateral Manager pursuant to the Underlying Instruments, (i) the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including (x) any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan for such ObligorObligor and (y) provided the annual audited financial statements with respect to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such each Obligor, which delivery shall be made within ten 45 days (10) Business Days after receipt by the Borrower and/or the Servicer or such longer period as specified in the Underlying Instruments) after the end of each such month or such Obligor’s fiscal quarters, as applicable (excluding the last month or fiscal quarter, as applicable, of each such Obligor’s fiscal year), and within 90 days (or such longer period as specified in the Second Amendment to Loan and Servicing Agreement Underlying Instruments) after the end of each such Obligor’s fiscal year, (ii) to the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided extent available to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or the Servicer as specified in Collateral Manager pursuant to the Underlying Instruments, promptly following the date the Borrower acquires an Eligible Loan, audited financial statements of the related Obligor for the three year period most recently ended with respect to the related Obligor and (iii) a quarterly email update to the portfolio summary “tear sheet” prepared by the Servicer Collateral Manager with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty within ten (2010) Business Days after receipt by following the Borrower Collateral Manager’s completion of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect such update. The Collateral Manager will promptly deliver to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar month. Upon demand by the Administrative Agent, upon reasonable request and to the Servicer will provide such extent received by the Borrower and/or the Collateral Manager, all other documents and information as required to be delivered by Obligors to the Administrative Agent may reasonably request Borrower with respect to any ObligorLoan included in the Collateral.”
Appears in 1 contract
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Lenders and the Collateral Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer pursuant Servicer, all documents and information required to be delivered by the Obligor under the Underlying InstrumentsInstruments with respect to each Loan Asset, and the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten fifteen (1015) Business Days after receipt (which, for Eligible Loan Assets that are not Asset Based Loans, the financial reporting package shall include, at minimum, sufficient details to determine Cash Interest Coverage Ratio, Senior Leverage Ratio, Total Leverage Ratio, Recurring Revenue, Debt-to-Recurring Revenue Ratio, Liquidity and EBITDA, as applicable, for such Obligor), (ii) to the extent received by the Borrower and/or the Servicer as specified in the Underlying InstrumentsServicer, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten fifteen (1015) Business Days after receipt by the Borrower and/or the Servicer as specified in the related Underlying Instruments, Instruments and (iii) (x) on a quarterly email update basis, (A) the status of each Loan Asset, including an assessment of the related Obligor and information known to the portfolio summary prepared Servicer that may be material to their future financial performance, (B) the Servicer’s expectations, projections or plans for working out, restructuring, managing, selling or otherwise monetizing such Loan Asset and (C) any other information reasonably requested by the Servicer Administrative Agent (including a report listing, and providing an explanation of, all amendments, modifications and waivers made with respect to such Obligor any Underlying Instrument related to any Loan Asset during the immediately preceding Remittance Period and with respect all information provided to each an Approved Valuation Firm) relating to any Loan for such ObligorAsset, which delivery shall be made no later than twenty and (20y) Business Days after promptly upon receipt by the Borrower of or the information set forth Servicer, any valuation reports conducted by third parties in clause (e)(i) above and (iv) connection with the portfolio monitoring report prepared by the Servicer proposed investment with respect to each Obligor on the Obligor; provided, if required by the valuation provider, the Administrative Agent and any other party entitled to receive such valuation reports hereunder has entered into a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after customary access letter with the end of each calendar monthvaluation provider and the Borrower has received a copy thereof. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any ObligorObligor as long as such other information is in the possession of the Servicer or obtainable pursuant to the Underlying Instruments without undue burden, cost or expense.
Appears in 1 contract
Samples: Loan and Servicing Agreement (First Eagle Private Credit Fund)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Borrower will post on a password protected website maintained by (pursuant to Section 6.07(g)) cause the Servicer Collateral Manager to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Collateral Agent and, upon request, any Lender Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer Collateral Manager pursuant to the Underlying InstrumentsLoan Agreement, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates certificates, and related covenant calculations with respect to such Obligor and with respect to each Loan for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly Collateral Manager either monthly or annuallyquarterly, as the case may be, by such Obligor, which delivery shall be made within ten (10) 10 Business Days after the Collateral Manager’s or the Borrower’s receipt by the Borrower and/or the Servicer as specified in the Underlying Instrumentsthereof, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer Collateral Manager by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying InstrumentsCollateral Manager, (iii) a quarterly email monthly or quarterly, as the case may be, update to the portfolio summary prepared by the Servicer Collateral Manager with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20) Business Days 45 days after receipt by the Borrower and/or the Collateral Manager of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report update prepared by the Servicer Collateral Manager with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) 90 days after the end of each calendar monthquarter and 120 days after the end of each fiscal year. Upon demand by the Administrative Agent, the Servicer The Collateral Manager will provide such other information as promptly deliver to the Administrative Agent may reasonably and any Lender Agent, upon reasonable request and to the extent received by the Borrower and/or the Collateral Manager, all other documents and information required to be delivered by the Obligors to the Borrower with respect to any ObligorLoan included in the Collateral Portfolio.
Appears in 1 contract
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer deliver to which the Administrative Agent will have access or deliver via email to and the Administrative Collateral Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying Instruments, the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly either monthly or annuallyquarterly, as the case may be, by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or or the Servicer as specified in the Underlying InstrumentsServicer, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or the Servicer as specified in the related Underlying Instruments, Instruments and (iii) a quarterly email update to (x) within ten (10) Business Days of the completion of the Servicer’s portfolio summary prepared by the Servicer review of such Obligor (which, for any individual Obligor, shall occur no less frequently than quarterly) (A) any financial reporting packages with respect to such Obligor and with respect to each Loan Asset for such Obligoreach Obligor (including any attached or included information, which delivery shall be made no later than twenty (20statements and calculations) Business Days after receipt received by the Borrower and/or the Servicer as of the information set forth in clause (e)(i) above date of the Servicer’s most recent portfolio review and (ivB) the portfolio internal monitoring report prepared by the Servicer with respect to each Obligor Obligor, (y) on a monthly or quarterly basis, as applicableany other information reasonably requested by the Administrative Agent (including a report listing, which delivery and providing an explanation of, all amendments, modifications and waivers made with respect to any Underlying Instrument related to any Loan Asset during the immediately preceding Remittance Period and all information provided to an Approved Valuation Firm) relating to any Loan Asset, and (z) promptly upon receipt by the Borrower or the Servicer, any valuation reports conducted by third parties in connection with the proposed investment with respect to the Obligor. The Servicer shall not be made no later obligated hereunder to deliver such Obligor reports to the Administrative Agent more than thirty (30) days after the end of each once per calendar month. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any ObligorLoan Asset or Obligor (to the extent reasonably available to the Servicer and subject to any applicable confidentiality obligations under law or contract).
Appears in 1 contract
Samples: Assignment and Acceptance (HPS Corporate Lending Fund)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer deliver to which the Administrative Agent will have access or deliver via email (for delivery to the Administrative Agenteach Lender), with respect to each ObligorObligor (except with respect to an Obligor of a Loan Asset that is a Broadly Syndicated Loan), (i) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying InstrumentsInstruments with respect to each Loan Asset, the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten (10) Business Days after the Servicer’s or the Borrower’s receipt by the Borrower and/or the Servicer thereof (which financial reporting package shall include, at minimum, sufficient details to determine Cash Interest Coverage Ratio, Senior Leverage Ratio, Total Leverage Ratio, EBITDA, Recurring Revenue and Debt-to-Recurring Revenue Ratio, as specified in the Underlying Instrumentsapplicable, for such Obligor), (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten five (105) Business Days after receipt by the Borrower and/or the Servicer as specified in the related Underlying InstrumentsInstruments and (iii)(x) upon request of the Administrative Agent or the Required Lenders on not more than a quarterly basis, (iiiA) a quarterly email update the status of each Loan Asset, including an assessment of the related Obligor and information known to the portfolio summary prepared Servicer that may be material to their future financial performance and (B) any other information reasonably requested by the Servicer Administrative Agent (including a report listing, and providing an explanation of, all amendments, modifications and waivers made with respect to such Obligor any Underlying Instrument related to any Loan Asset during the immediately preceding Remittance Period), and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20y) Business Days after promptly upon receipt by the Borrower of or the information set forth Servicer, any valuation reports conducted by third parties for such fiscal quarter in clause (e)(i) above and (iv) connection with the portfolio monitoring report prepared by the Servicer proposed investment with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar month. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any ObligorLoan Asset.
Appears in 1 contract
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Borrower will, and will post on a password protected website maintained by direct the Servicer Collateral Manager to, deliver to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each ObligorObligor (i) prior to making an Advance with respect thereto, three years’ historical audited or unaudited financial statements (or such period as is then available) and related information and a copy of the Underwriting Memoranda utilized by the Transferor or the Borrower, as applicable, in evaluating and approving such Loan Asset for investment, (iii) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying Instrumentsrelated Loan Agreements, the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer thereof as specified in the Underlying InstrumentsLoan Agreements, (iiiii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer thereof as specified in the Underlying Instruments, (iii) a quarterly email update to the portfolio summary prepared by the Servicer with respect to such Obligor and with respect to each related Loan for such Obligor, which delivery shall be made no later than twenty (20) Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above Agreements and (iv) the (x) a portfolio monitoring report prepared by the Servicer update with respect to each Obligor on a monthly or quarterly basis, as applicable(y) all portfolio monitoring and servicing reports, if any, provided by the Collateral Manager or any Affiliate of the Borrower during each calendar quarter with respect to each investment made by the Borrower, which delivery of the foregoing reports shall be made no later than thirty (30) 45 days after the end of each calendar monthquarter and 90 days after the end of each fiscal year and (z) the related valuation reports prepared by a third party valuation firm on behalf of the Borrower, on no less than a quarterly basis, subject to customary non-reliance provisions. Upon demand by the Administrative Agent, the Servicer Borrower will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor.
Appears in 1 contract
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Lender Agents, the Backup Servicer and the Collateral Agent, with respect to each Obligor, (i) prior to making an Advance with respect thereto, three years’ historical audited or unaudited financial statements and related information and a copy of the Underwriting Memoranda utilized by the Transferor or the Borrower, as applicable, in evaluating and approving such Loan Asset for investment, (ii) to the extent received by the Borrower and/or or the Servicer pursuant to the Underlying InstrumentsLoan Agreement, the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan for such Obligor) provided to the Borrower and/or or the Servicer monthly, quarterly either monthly or annuallyquarterly, as the case may be, by such Obligor, which delivery shall be made within ten prior to the later of (10x) 45 days after of the end of each quarter end (or such longer period provided therein with respect to the end of an Obligor’s fiscal quarter or fiscal year), and (y) 510 Business Days after receipt by the Borrower and/or or Servicer thereof, which reporting package shall include any covenant compliance certificates under the related Loan Agreement, (iii) asset and portfolio level monitoring reports prepared by the Servicer as specified in the Underlying Instruments, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such ObligorLoan Assets, which delivery shall be made within ten 45 days of the end of each quarter end (10) Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying Instruments, (iii) a quarterly email update to the portfolio summary prepared by the Servicer or such longer period provided therein with respect to such Obligor the end of an Obligor’s fiscal quarter or fiscal year) which would include, at a minimum, covenant and with respect to each Loan for such Obligorfinancial covenant testing as required hereunder, which delivery shall be made no later than twenty (20) Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect to due dates and dates of collectionloan amortization schedule of each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) Loan Asset within 15 days after of the end of each calendar monthMonth (which may be included in the Borrowing Base Model that is delivered on each Reporting Date). Upon demand by The Servicer will promptly deliver to the Administrative Agent, the Backup Servicer will provide such and any Lender Agent, upon reasonable request and to the extent received by the Borrower or the Servicer, all other documents and information as required to be delivered by the Administrative Agent may reasonably request Obligors to the Borrower with respect to any ObligorLoan Asset included in the Collateral Portfolio.
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Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying InstrumentsInstruments with respect to each Loan Asset, and the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysisanalysis (to the extent available to the Servicer using commercially reasonable efforts), executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten ninety (1090) Business Days 141 days after receipt by the Borrower and/or the Servicer as specified in the Underlying Instruments, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by end of such Obligor, which delivery shall be made within ten ’s first three (103) Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying Instruments, (iii) a quarterly email update to the portfolio summary prepared by the Servicer with respect to such Obligor fiscal quarters and with respect to each Loan for such Obligor, which delivery shall be made no later than one-hundred twenty (20) Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30120) days after the end of each such Obligor’s fiscal year-end (which financial reporting package shall include, at minimum, sufficient details to determine Cash Interest Coverage Ratio, Senior Leverage Ratio, Total Leverage Ratio and EBITDA, as applicable, for such Obligor) and (ii) (x) on a quarterly basis, any other information reasonably requested by the Administrative Agent (including a report listing, and providing an explanation of, all amendments, modifications and waivers made with respect to any Underlying Instrument related to any Loan Asset during the immediately preceding Remittance Period and all information provided to an Approved Valuation Firm) relating to any Loan Asset to the extent available to the Servicer using commercially reasonable efforts, and (y) promptly upon receipt by the Borrower or the Servicer, any valuation reports conducted by third parties in connection with the proposed investment with respect to the Obligor. The Servicer shall not be obligated hereunder to deliver such Obligor reports to the Administrative Agent more than once per calendar month. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any ObligorObligor (to the extent reasonably available to the Servicer and subject to any applicable confidentiality obligations under law or contract).
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Samples: Loan and Servicing Agreement (Apollo Debt Solutions BDC)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Collateral Manager will post on a password protected website maintained by the Servicer Collateral Manager to which the Administrative Agent will have access or deliver via email to the Administrative Agent and the Collateral Agent, with respect to each Obligor and each Collateral Obligation for such Obligor, the “Collateral Reporting Package” consisting of each of the following “loan-level” items set forth in this Section 6.08(e), as applicable, (i) to the extent received by the Borrower and/or the Servicer pursuant to the Underlying Instruments, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (package, including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect (including without limitation, calculations of EBITDA, any leverage or interest coverage ratios and any similar calculation), in each case, to such Obligor and with respect to each Loan for such Obligor) provided to the extent received or obtainable by the Borrower and/or the Servicer monthlyCollateral Manager pursuant to the related Underlying Instruments, which shall be updated no less than quarterly or annually, as the case may be, by each such Obligor, which delivery shall be made and delivered by the Collateral Manager within ten (10) Business Days after of receipt thereof by the Borrower and/or the Servicer as specified Collateral Manager; provided that, the Collateral Manager shall exercise commercially reasonable efforts in accordance with the Collateral Management Standard to enforce its rights with respect to (or otherwise obtain) the complete Collateral Reporting Package under each Underlying InstrumentsInstrument with respect to each Obligor, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer Collateral Manager by such Obligor, which delivery shall be made within ten (10) Business Days after receipt by the Borrower and/or the Servicer Collateral Manager as specified in the related Underlying Instruments, Instruments and (iiiiii)(x) a quarterly email update to the portfolio summary update, if any, prepared by the Servicer with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20) Business Days after receipt by the Borrower of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report prepared by the Servicer Collateral Manager with respect to each Obligor on a monthly quarterly basis no later than ten (10) Business Days after delivery of the information required pursuant to the foregoing clauses (i) and (ii) and (y) all portfolio and internal monitoring reports, if any, prepared by the Collateral Manager during each calendar quarter with respect to each Collateral Obligation purchased, originated or quarterly basis, as applicableotherwise acquired by the Borrower, which delivery of the foregoing reports shall be made no later than thirty (30) 60 days after the end of each calendar monthquarter and 120 days after the end of each fiscal year. Upon demand by the Administrative Agent, the Servicer Collateral Manager will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor or prospective Obligor. No later than the last day of each calendar quarter, the Equityholder shall provide a report (which may be provided as an attachment to the Monthly Report) in form and substance satisfactory to the Administrative Agent (i) with a certification that clause (oo) of the definition of “Eligible Collateral Obligation” is satisfied and (ii) setting forth the liquidity position of the Equityholder.
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Samples: Loan and Servicing Agreement (MSD Investment Corp.)
Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer will post on a password protected website maintained by the Servicer to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Lenders and the Collateral Agent, with respect to each Obligor, (i) all documents and information required to the extent received be delivered by the Borrower and/or the Servicer pursuant to Obligor under the Underlying InstrumentsInstruments with respect to each Loan Asset, and the complete financial reporting package with respect to such Obligor and with respect to each Loan Asset for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates and related covenant calculations with respect to such Obligor and with respect to each Loan Asset for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly or annually, as the case may be, by such Obligor, which delivery shall be made within ten promptly but in no event later than five (105) Business Days after receipt by the Borrower and/or the Servicer (which financial reporting package shall include, at minimum, sufficient details to determine Cash Interest Coverage Ratio, Senior Leverage Ratio, Total Leverage Ratio, and EBITDA, Recurring Revenue and Debt-to-Recurring Revenue Ratio, as specified in the Underlying Instrumentsapplicable, for such Obligor), (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer by such Obligor, which delivery shall be made within ten five (105) Business Days after receipt by the Borrower and/or the Servicer as specified in the related Underlying Instruments, Instruments and (iii) (x) on a quarterly email update basis, (A) the status of each Loan Asset, including an assessment of the related Obligor and information known to the portfolio summary prepared Servicer that may be material to their future financial performance, (B) the Servicer’s expectations, projections or plans for working out, restructuring, managing, selling or otherwise monetizing such Loan Asset and (C) any other information reasonably requested by the Servicer Administrative Agent (including a report listing, and providing an explanation of, all amendments, modifications and waivers made with respect to such Obligor any Underlying Instrument related to any Loan Asset during the immediately preceding Remittance Period and with respect all information provided to each an Approved Valuation Firm) relating to any Loan for such ObligorAsset, which delivery shall be made no later than twenty and (20y) Business Days after promptly upon receipt by the Borrower of or the information set forth Servicer, any valuation reports conducted by third parties in clause (e)(i) above and (iv) connection with the portfolio monitoring report prepared by the Servicer proposed investment with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) days after the end of each calendar monthObligor. Upon demand by the Administrative Agent, the Servicer will provide such other information as the Administrative Agent may reasonably request with respect to any Obligor.
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Obligor Financial Statements; Valuation Reports; Other Reports. The Servicer Borrower will post on a password protected website maintained by (pursuant to Section 6.07(h)) cause the Servicer Collateral Manager to which the Administrative Agent will have access or deliver via email to the Administrative Agent, the Collateral Agent and, upon request, any Lender Agent, with respect to each Obligor, (i) to the extent received by the Borrower and/or the Servicer Collateral Manager pursuant to the Underlying InstrumentsInstrument, the complete financial reporting package with respect to such Obligor and with respect to each Loan for such Obligor (including any financial statements, management discussion and analysis, executed covenant compliance certificates certificates, and related covenant calculations with respect to such Obligor and with respect to each Loan for such Obligor) provided to the Borrower and/or the Servicer monthly, quarterly Collateral Manager either monthly or annuallyquarterly, as the case may be, by such Obligor, which delivery shall be made within ten (10) 10 Business Days after the Collateral Manager’s or the Borrower’s receipt by the Borrower and/or the Servicer as specified in the Underlying Instrumentsthereof, (ii) the annual budget (along with subsequent changes thereto) with respect to such Obligor and provided to the Borrower and/or the Servicer Collateral Manager by such Obligor, which delivery shall be made within ten (10) 10 Business Days after receipt by the Borrower and/or the Servicer as specified in the Underlying InstrumentsCollateral Manager, (iii) a quarterly email monthly or quarterly, as the case may be, update to the portfolio summary prepared by the Servicer Collateral Manager with respect to such Obligor and with respect to each Loan for such Obligor, which delivery shall be made no later than twenty (20) Business Days 45 days after receipt by the Borrower and/or the Collateral Manager of the information set forth in clause (e)(i) above and (iv) the portfolio monitoring report update prepared by the Servicer Collateral Manager with respect to each Obligor on a monthly or quarterly basis, as applicable, which delivery shall be made no later than thirty (30) 90 days after the end of each calendar monthquarter commencing with the calendar quarter ended June 30, 2015 and 120 days after the end of each fiscal year commencing with the fiscal year ended December 31, 2015. Upon demand by the Administrative Agent, the Servicer The Collateral Manager will provide such other information as promptly deliver to the Administrative Agent may reasonably and any Lender Agent, upon reasonable request and to the extent received by the Borrower and/or the Collateral Manager, all other documents and information required to be delivered by the Obligors to the Borrower with respect to any ObligorLoan included in the Collateral Portfolio.
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Samples: Loan and Security Agreement (FS Investment Corp III)