Portfolio Criteria. (a) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans or FILO Bank Loans may not exceed 10.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account. (b) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans may not exceed 5.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account. (c) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are fixed rate Collateral Assets may not exceed 5.0% of the Concentration Measure. (d) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure. (e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three obligors and their respective Affiliates may each be up to 4.0% of the Concentration Measure. (f) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in a single Industry Category may not exceed 12.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category may be up to 20.0% of the Concentration Measure and (ii) that are in two additional Industry Categories may be up to 15.0% of the Concentration Measure; provided that (A) neither Energy: Oil and Gas nor Utilities: Oil & Gas may exceed 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of the Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.0% of the Concentration Measure. (g) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 may not exceed 10.0% of the Concentration Measure. 1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”. (h) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure. (i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure. (j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial Deferrable Collateral Assets may not exceed 5.0% of the Concentration Measure. (k) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are DIP Loans may not exceed 5.0% of the Concentration Measure.
Appears in 1 contract
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Portfolio Criteria. (a) a. The Aggregate Adjusted Principal Balance Assigned Value of all Eligible Collateral Assets with respect to a single obligor may not exceed 3.5% of the Aggregate Assigned Value, except that are the Assigned Value of Eligible Collateral Assets (other than Special Situation Assets) with respect to a single obligor may be up to 5.0% with respect to five or fewer individual obligors;
b. The Assigned Value of Eligible Collateral Assets with respect to any single obligor of a Second Lien Bank Loans or FILO Loan may not exceed 2.0% of the Aggregate Assigned Value;
c. The Assigned Value of Eligible Collateral Assets which are First Lien Last Out Bank Loans may not exceed 10.015.0% of the sum Aggregate Assigned Value;
d. The Assigned Value of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account.
(b) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that which are Second Lien Bank Loans may not exceed 5.0% of the Aggregate Assigned Value;
e. The Assigned Value of Eligible Collateral Assets of obligors which are in a single S&P Industry Classification may not exceed 12.0% of the Aggregate Assigned Value, except that the Assigned Value of Eligible Collateral Assets of obligors which are in a single S&P Industry Classification (other than oil and gas or retail) may be up to (i) 20.0% with respect to one S&P Industry Classification, (ii) 17.5% with respect to a second S&P Industry Classification, and (iii) 15.0% of the Aggregate Assigned Value with respect to a third S&P Industry Classifications;
f. Up to 15% of the Aggregate Assigned Value may consist of Eligible Collateral Assets that are Special Situation Assets; provided that, for purposes of determining the Assigned Value of any Eligible Collateral Asset included in the CCC Excess, the Assigned Value Percentage of such Eligible Collateral Asset shall be deemed to be the lesser of (A) its Initial Purchase Price and (B) its Current Market Price;
g. The sum of (x) the aggregate unfunded commitments under Delayed Drawdown Loans that are Collateral Assets and the aggregate unfunded and funded commitments of Revolving Loans that are Collateral Assets may not exceed 5% of the Aggregate Adjusted Principal Balance Assigned Value;
h. The Assigned Value of all Eligible Collateral Assets plus as to which the original aggregate loan facility amount is between (yi) amounts on deposit in $200,000,000 and $250,000,000 (including all tranches and drawn and undrawn commitments secured by the Principal Collection Account.same collateral) may not exceed 15.0% of the Aggregate Assigned Value and (ii) $150,000,000 and $200,000,000 (including all tranches and drawn and undrawn commitments secured by the same collateral) may not exceed 15.0% of the Aggregate Assigned Value;
(c) i. The Aggregate Adjusted Principal Balance Assigned Value of all Eligible Collateral Assets that are fixed rate Collateral Assets Foreign Loans may not exceed 5.07.5% of the Concentration Measure.Aggregate Assigned Value;
(d) j. The Aggregate Adjusted Principal Balance Assigned Value of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure.
(e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three issued by obligors and their respective Affiliates may each be up to 4.0% of the Concentration Measure.
(f) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are Domiciled in a single Industry Category may not exceed 12.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category may be up to 20.0% of the Concentration Measure and (ii) that are in two additional Industry Categories may be up to 15.0% of the Concentration Measure; provided that (A) neither Energy: Oil and Gas nor Utilities: Oil & Gas may exceed 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of the Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.0% of the Concentration Measure.
(g) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 Canada may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 Aggregate Assigned Value;
k. The Assigned Value of all Eligible Collateral Assets which are denominated in Euro, Sterling or Canadian Dollars, in the aggregate, may not exceed 10.0% of the Concentration Measure.Aggregate Assigned Value; and
1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”.
(h) l. The Aggregate Adjusted Principal Balance Assigned Value of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States Partial PIK Assets may not exceed 10.0% of the Concentration MeasureAggregate Assigned Value.
(i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.
(j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial Deferrable Collateral Assets may not exceed 5.0% of the Concentration Measure.
(k) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are DIP Loans may not exceed 5.0% of the Concentration Measure.
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Portfolio Criteria. (a) a. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans or FILO Bank Loans may not exceed 10.020.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection AccountThreshold Amount.
(b) b. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans may not exceed 5.010.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection AccountThreshold Amount.
(c) c. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are fixed rate Collateral Assets may not exceed 5.0% of the Concentration Measure.
(d) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure.
(e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.05.0% of the Concentration MeasureThreshold Amount, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three obligors and their respective Affiliates may each be up to 4.0(A) during the period from the Closing Date to the nine month anniversary of the Closing Date, 8.5% and (B) thereafter, 7.0% of the Concentration MeasureThreshold Amount.
(f) d. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in a single Industry Category may not exceed 12.015.0% of the Concentration MeasureThreshold Amount, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category may be maybe up to 20.022.5% of the Concentration Measure Threshold Amount and (ii) that are in two a single additional Industry Categories Category may be up to 15.017.5% of the Concentration MeasureThreshold Amount; provided that, obligors that are in either (A) neither the Energy: Oil and & Gas nor or Utilities: Oil & Gas industries or (B) the Retail industry may exceed not exceed, in each case, 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of the Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.0% of the Concentration MeasureThreshold Amount.
(g) e. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 may not exceed 10.0% of the Concentration Measure.
1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”.
(h) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure.
(i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.
(j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial fixed rate Collateral Assets may not exceed 10.0% of the Threshold Amount.
f. The Aggregate Adjusted Balance of all Eligible Collateral Assets (other than ABL Loans) the obligor with respect to which had a trailing twelve months EBITDA of less than $20,000,000 at the time of acquisition of such Eligible Collateral Asset by the applicable Loan Party may not exceed 10.0% of the Threshold Amount.
g. The Aggregate Adjusted Balance of all Eligible Collateral Assets that are Deferrable Collateral Assets may not exceed 5.0% of the Concentration MeasureThreshold Amount.
(k) h. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which the obligors are domiciled in (i) any country other than the United States or Canada, in aggregate, may not exceed 20.0% of the Threshold Amount, (ii) Australia, in the aggregate, may not exceed 15.0% of the Threshold Amount and (iii) any individual country other than the United States, Canada, United Kingdom, Germany, The Netherlands or Australia may not exceed 10.0% of the Threshold Amount.
i. [Reserved].The Aggregate Adjusted Balance of all Eligible Collateral Assets (i) with an original facility size (including all tranches, undrawn delayed draw portions, and drawn and undrawn revolving credit facilities secured by the same collateral) as of the related Cut-Off Date of less than $250,000,000 or (ii) the obligor of which has an EBITDA as of the related Cut-Off Date of less than $50,000,000 may not exceed 20.0% of the Threshold Amount.
j. The sum, without duplication, of the unfunded commitments of the Loan Parties under all Delayed Draw Assets held by the Loan Parties and the commitments (whether funded or unfunded) of the Loan Parties under all Revolving Assets held by the Loan Parties may not exceed 10.0% of the Threshold Amount.
k. The Aggregate Adjusted Balance of all Eligible Collateral Assets that are DIP denominated in a currency other than Dollars or CAD, in aggregate, may not exceed 20.0% of the Threshold Amount.
l. The Aggregate Adjusted Balance of all Qualifying Syndicated Loans may not exceed 30.0% of the Threshold Amount.
m. The Aggregate Adjusted Balance of CCC Qualifying Syndicated Loans may not exceed 5.0% of the Concentration Measuresum of the Aggregate Adjusted Balance plus amounts on deposit in the Principal Collection Account.
Appears in 1 contract
Portfolio Criteria. (a) a. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans or FILO Bank Loans may not exceed 10.020.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection AccountThreshold Amount.
(b) b. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans may not exceed 5.010.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection AccountThreshold Amount.
(c) c. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are fixed rate Collateral Assets may not exceed 5.0% of the Concentration Measure.
(d) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure.
(e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.05.0% of the Concentration MeasureThreshold Amount, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three obligors and their respective Affiliates may each be up to 4.0(A) during the period from the Closing Date to the nine month anniversary of the Closing Date, 8.5% and (B) thereafter, 7.0% of the Concentration MeasureThreshold Amount.
(f) d. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in a single Industry Category may not exceed 12.015.0% of the Concentration MeasureThreshold Amount, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category may be up to 20.022.5% of the Concentration Measure Threshold Amount and (ii) that are in two a single additional Industry Categories Category may be up to 15.017.5% of the Concentration MeasureThreshold Amount; provided that, obligors that are in either (A) neither the Energy: Oil and & Gas nor or Utilities: Oil & Gas industries or (B) the Retail industry may exceed not exceed, in each case, 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of the Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.0% of the Concentration MeasureThreshold Amount.
(g) e. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 may not exceed 10.0% of the Concentration Measure.
1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”.
(h) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure.
(i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.
(j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial fixed rate Collateral Assets may not exceed 10.0% of the Threshold Amount.
f. The Aggregate Adjusted Balance of all Eligible Collateral Assets (other than ABL Loans) the obligor with respect to which had a trailing twelve months EBITDA of less than $20,000,000 at the time of acquisition of such Eligible Collateral Asset by the applicable Loan Party may not exceed 10.0% of the Threshold Amount.
g. The Aggregate Adjusted Balance of all Eligible Collateral Assets that are Deferrable Collateral Assets may not exceed 5.0% of the Concentration MeasureThreshold Amount.
(k) h. The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which the obligors are domiciled in (i) any country other than the United States or Canada, in aggregate, may not exceed 20.0% of the Threshold Amount, (ii) Australia, in the aggregate, may not exceed 15.0% of the Threshold Amount and (iii) any individual country other than the United States, Canada, United Kingdom, Germany, The Netherlands or Australia may not exceed 10.0% of the Threshold Amount.
i. [Reserved].
j. The sum, without duplication, of the unfunded commitments of the Loan Parties under all Delayed Draw Assets held by the Loan Parties and the commitments (whether funded or unfunded) of the Loan Parties under all Revolving Assets held by the Loan Parties may not exceed 10.0% of the Threshold Amount.
k. The Aggregate Adjusted Balance of all Eligible Collateral Assets that are DIP denominated in a currency other than Dollars or CAD, in aggregate, may not exceed 20.0% of the Threshold Amount.
l. The Aggregate Adjusted Balance of all Qualifying Syndicated Loans may not exceed 30.0% of the Threshold Amount.
m. The Aggregate Adjusted Balance of CCC Qualifying Syndicated Loans may not exceed 5.0% of the Concentration Measuresum of the Aggregate Adjusted Balance plus amounts on deposit in the Principal Collection Account.
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Portfolio Criteria. (a) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans or FILO Bank Loans may not exceed 10.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account.
(b) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans may not exceed 5.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account.
(c) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are fixed rate Collateral Assets may not exceed 5.0% of the Concentration Measure.
(d) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure.
(e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three obligors and their respective Affiliates may each be up to 4.0% of the Concentration Measure.
(f) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in a single Industry Category may not exceed 12.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category may be up to 20.0% of the Concentration Measure and (ii) that are in two additional Industry Categories may be up to 15.0% of the Concentration Measure; provided that (A) neither Energy: Oil and Gas nor Utilities: Oil & Gas may exceed 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of the Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.0% of the Concentration Measure.
(g) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 may not exceed 10.0% of the Concentration Measure.
(h) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure.
(i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.
1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”.
(h) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure.
(i) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.. USActive 57710049.13Annex B-4
(j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial Deferrable Collateral Assets may not exceed 5.0% of the Concentration Measure.
(k) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are DIP Loans may not exceed 5.0% of the Concentration Measure.
Appears in 1 contract
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Portfolio Criteria. (a) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans or FILO Bank Loans may not exceed 10.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account.
(b) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Second Lien Bank Loans may not exceed 5.0% of the sum of (x) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets plus (y) amounts on deposit in the Principal Collection Account.
(c) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are fixed rate Collateral Assets may not exceed 5.0% of the Concentration Measure.
(db) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that pay interest less frequently than quarterly may not exceed 15.0% of the Concentration Measure.
(ec) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to a single obligor and its Affiliates may not exceed 3.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets with respect to up to three obligors and their respective Affiliates may each be up to 4.0% of the Concentration Measure.
(fd) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in a single Industry Category may not exceed 12.0% of the Concentration Measure, except that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors (i) that are in a single Industry Category (other than Energy: Oil, Gas and Consumable Fuels, Materials: Metals & Mining, Energy Equipment & Services, or Consumer Discretionary Distribution & Retail Industries) (the “Impacted Industries”) may be up to (i) 20.0% of the Concentration Measure with respect to the largest Industry Category and (ii) that are in two additional Industry Categories may be up to 15.0% of the Concentration MeasureMeasure with respect to the second largest Industry Category; provided that (A) neither Energy: Oil and Gas nor Utilities: Oil & Gas may exceed 10.0% of the Concentration Measure and (B) the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets of obligors that are in any of Impacted Industries, in the Hotelsaggregate, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining Industry Categories1 may not exceed 25.020.0% of the Concentration Measure.
(e) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which the obligors are not domiciled in the United States or Canada may not exceed 20.0% of the Concentration Measure; provided, that the Aggregate Adjusted Principal Balance of all Eligible Collateral Assets for which the obligors are domiciled in a single jurisdiction (other than the United States or Canada) may not exceed 10.0% of the Concentration Measure.
(f) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that either (A) are rated below “B-” but no lower than “CCC” by S&P or, if no S&P Rating is available, rated below “B3” but no lower than “Caa2” by Xxxxx’x or (B) are unrated by each of Xxxxx’x and S&P, may not exceed 10.0% of the Concentration Measure; provided that (1) if any Collateral Asset had any such lower rating before such rating was withdrawn, such Collateral Asset will be deemed to have such lower rating for purposes of this test and (2) except as provided in clause (1), the absence of a rating by any rating agency will not be deemed to be a lower rating for purposes of this test.
(g) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets the obligor with respect to which has a trailing twelve months EBITDA as of the date of acquisition of less than (x) $20,000,000 may not exceed 20.0% of the Concentration Measure and (y) $15,000,000 may not exceed 10.0% of the Concentration Measure.
1 For such purposes, any Industry Category that makes reference to any of “Hotels,” “Restaurants,” “Leisure,” “Leisure Products,” “Textiles,” “Apparel & Luxury Goods,” “Entertainment,” “Specialty Retail,” “Energy Equipment & Services,” “Airlines,” “Oil,” “Gas,” “Consumable Fuels,” “Metals” or “Mining” (or variation thereof) shall be included in the phrase “Hotels, Restaurants & Leisure, Leisure Products, Textiles, Apparel & Luxury Goods, Entertainment, Specialty Retail, Energy Equipment & Services, Airlines, Oil, Gas & Consumable Fuels or Metals & Mining”.
(h) The Aggregate Adjusted Principal Balance of all are Eligible Deferrable Collateral Assets for which none of the obligors are domiciled in the United States may not exceed 10.0% of the Concentration Measure.
(ih) The sum of the aggregate Unfunded Exposure Amount and Aggregate Adjusted Principal Balance of Revolving Assets and the aggregate Unfunded Exposure Amount of Delayed Draw Assets, collectively, may not exceed 15.0% of the Concentration Measure.
(j) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are Partial Deferrable Collateral Assets may not exceed 5.0% of the Concentration Measure.
(ki) The Aggregate Adjusted Principal Balance of all Eligible Collateral Assets that are DIP First Lien Subordinate Bank Loans may not exceed 5.0% of the Concentration Measure.
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