Common use of Performance and Compliance with Collateral Clause in Contracts

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action to preserve the first priority security interest of the Collateral Agent for the benefit of the Secured Parties in the Collateral.

Appears in 24 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

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Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.

Appears in 16 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Finance Corp)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral in all material respects and will take all necessary action to preserve the first priority security interest (subject to Permitted Liens) of the Collateral Agent for the benefit of the Secured Parties in the CollateralCollateral and shall comply with the Collateral Manager Standard in all material respects with respect to all Collateral Obligations.

Appears in 6 contracts

Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Owl Rock Capital Corp III)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral Collateral, other than the funding, reimbursement or payment obligations of the Borrower under or in connection with each item of Collateral, and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (AGTB Private BDC), And Collateral Management Agreement (First Eagle Credit Opportunities Fund)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.. (d)

Appears in 2 contracts

Samples: Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Finance Corp)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action to preserve the first priority security interest of the Collateral Agent for the benefit of the Secured Parties in the Collateral.. (d)

Appears in 1 contract

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

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.. 95

Appears in 1 contract

Samples: Loan and Security Agreement (NMF SLF I, Inc.)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral that are expressly delegated to the Collateral Manager hereunder, other than the funding, reimbursement or payment obligations of the Borrower under or in connection with each item of Collateral, and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.

Appears in 1 contract

Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)

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Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action to preserve the first priority security interest of the Collateral Agent for the benefit of the Secured Parties in the CollateralCollateral (other than Permitted Liens).

Appears in 1 contract

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower Loan Parties to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.. (d)

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower Loan Parties to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder will, acting in order to permit accordance with the Borrower to Collateral Management Standard, duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or the Underlying Instruments in connection with each item of Collateral Collateral, other than the funding, reimbursement or payment obligations of the Borrower under the Underlying Instruments in connection with each item of Collateral, and will take all necessary action do nothing to preserve impair the first priority security interest rights of the Collateral Agent Administrative Agent, as agent for the benefit Secured Parties, or of the Secured Parties in in, to and under the Collateral.

Appears in 1 contract

Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Performance and Compliance with Collateral. The Collateral Manager will exercise its rights hereunder in order to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with each item of Collateral and will take all necessary action to preserve the first priority security interest of the Collateral Agent for the benefit of the Secured Parties in the Collateral.. USActive 57310676.6USActive 60324964.3

Appears in 1 contract

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

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