Common use of Powers and Duties of Collateral Administrator Clause in Contracts

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower and the Collateral Manager certain reports, calculations and other data (as may be mutually agreed upon by the parties hereto), which reports, calculations and other data the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports and calculations can be performed as required) under Section 8.06. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower or the Collateral Manager under or pursuant to this Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank The Collateral Administrator shall act as Collateral Administrator pursuant to agent for the terms Company until the earlier of this Agreement, until U.S. Bank’s (i) its resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof or (ii) the termination of this Agreement pursuant to Section 6 or Section 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Company and the Collateral Investment Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, basis and in providing to the Borrower Company and the Collateral Investment Manager certain reports, schedules and calculations, all as more particularly described in Section 2(b) below (in each case, such reports, schedules and calculations shall be prepared in such form and other data (content, and in such greater detail, as may be mutually agreed upon by the parties hereto), which reports, calculations hereto from time to time and other as may be required by the Loan Agreement) based upon information and data received from the Borrower or the Collateral Manager on its behalf, Company and/or the Collateral Administrator is Investment Manager, as required to prepare be prepared and deliver delivered (or which are necessary to be performed prepared and delivered in order that certain reports other reports, schedules and calculations can be performed as requiredprepared and delivered) under Section 8.068.03 of the Loan Agreement. U.S. BankThe Collateral Administrator’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or Company under the Collateral Manager under this Loan Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower or the Collateral Manager Company under or pursuant to this the Loan Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement and, to the extent applicable, the Credit Agreement, until the earlier of the termination of this Agreement or U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Company and the Collateral Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower Company and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Credit Agreement), based upon information and data received from the Company, the Collateral Manager or Third Party Sources (as defined below), which reports, schedules and calculations and other data the Borrower Company or the Collateral Manager on its behalf, and/or the or Collateral Administrator on the Company’s behalf is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.06Sections 8.9 and 9.1(c) of the Credit Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement and the Credit Agreement. By entering into, or performing its duties under, this Agreement and the Credit Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Company or Collateral Manager under the Credit Agreement, or of the Collateral Manager under this the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Company under or pursuant to the Credit Agreement or of the Collateral Manager under or pursuant to this the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall The Borrower hereby appoints BNYM as, and BNYM hereby accepts the appointment to act as as, the Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bankthe earlier to occur of (i) BNYM’s resignation or removal as the Collateral Administrator pursuant to Section 15.04 7 hereof and (ii) the termination of this Agreement pursuant to Section 6 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, basis as provided herein and in providing to the Borrower and the Collateral Manager certain reports, schedules and calculations, all as more particularly described in Section 2(b) below (in each case, such reports, schedules and calculations shall be prepared in such form and other data (content, and in such greater detail, as may be mutually agreed upon by the parties hereto), which reports, calculations hereto from time to time and other as may be required by the Credit Agreement) based upon information and data received from the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is Manager, as required to prepare be prepared and deliver delivered (or which are necessary to be performed prepared and delivered in order that certain reports other reports, schedules and calculations can be performed as requiredprepared and delivered) under Section 8.06Article VIII of the Credit Agreement. U.S. BankBNYM’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreementthe Credit Agreement or any other Facility Document, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities Liabilities of the Borrower or the Collateral Manager under or pursuant to this Agreementthe Credit Agreement or any other Facility Document.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall The Issuer hereby appoints State Street, and State Street hereby accepts its appointment, as the Issuer’s agent to act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. BankState Street’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral solely by maintaining a database of certain characteristics with respect to of the Collateral on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Sections 2(b) through 2(e) below (in each case in such form and content, and in such detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer and/or the Collateral Manager (in addition to certain information that may be received from the Trustee in respect of Eligible Investments and cash balances in Accounts, as provided herein), which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Manager, on its behalf, and/or the Collateral Administrator is required to prepare and deliver or perform (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.5 of the Indenture. U.S. BankState Street’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Collateral Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this the Indenture or the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank The Issuer hereby appoints State Street to act as Collateral Administrator and State Street shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. BankState Street’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral solely by maintaining a database of certain characteristics with respect to of the Collateral Obligations on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager and certain other parties as specified in the Indenture certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer and/or the Collateral Manager and/or certain other parties as specified in the Indenture, which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Manager, on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be prepared, delivered, or performed as required) under Section 8.06the Indenture. U.S. BankState Street’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer, the Collateral Manager or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this Agreementthe Management Agreement or the Indenture.

Powers and Duties of Collateral Administrator. (a) U.S. Bank Virtus Group, LP shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. BankVirtus Group, LP’s resignation or removal as Collateral Administrator pursuant to Section 15.04 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower and the Collateral Manager (and, where applicable, the Borrower’s Independent Accountants) certain reports, calculations and other data (as may be mutually agreed upon by the parties hereto), based upon information and data received from the Borrower and/or Collateral Manager, which reports, calculations and other data the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or 139 750499896 22723957 751700376 22723957 which are necessary to be performed in order that certain reports and calculations can be performed as required) under Section 8.06. U.S. BankVirtus Group, LP’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower or the Collateral Manager under or pursuant to this AgreementAgreement or any other Facility Document.

Powers and Duties of Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank, and U.S. Bank shall hereby accepts its appointment, as the Issuer’s agent to act as Collateral Administrator pursuant to the terms of this Agreement, until the earlier of U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof or until the termination of this Agreement pursuant to Section 6 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral solely by maintaining a database of certain characteristics with respect to of the Collateral on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Sections 2(b) through 2(e) below (in each case in such form and content, and in such detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer and/or the Collateral Manager (in addition to certain information that may be received from the Trustee in respect of Eligible Investments and cash balances in Accounts, as provided herein), which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Manager, on its behalf, and/or the Collateral Administrator is required to prepare and deliver or perform (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.5 of the Indenture. U.S. BankThe Collateral Administrator’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Collateral Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this the Indenture or the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower and the Collateral Manager certain reports, calculations and other data (as may be mutually agreed upon by the parties hereto), which reports, calculations and other data the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports and calculations can be performed as required) under Section 8.06. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower or the Collateral Manager under or pursuant to this Agreement.the

Powers and Duties of Collateral Administrator. (a) The Borrower hereby appoints U.S. Bank shall as, and U.S. Bank hereby accepts the appointment to act as as, the Collateral Administrator pursuant to the terms of this Agreement, until the earlier to occur of (i) U.S. Bank’s resignation or removal as the Collateral Administrator pursuant to Section 15.04 7 hereof and (ii) the termination of this Agreement pursuant to Section 6 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, basis as provided herein and in providing to the Borrower and the Collateral Manager certain reports, schedules and calculations, all as more particularly described in Section 2(b) below (in each case, such reports, schedules and calculations shall be prepared in such form and other data (content, and in such greater detail, as may be mutually agreed upon by the parties hereto), which reports, calculations hereto from time to time and other as may be required by the Credit Agreement) based upon information and data received from the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is Manager, as required to prepare be prepared and deliver delivered (or which are necessary to be performed prepared and delivered in order that certain reports other reports, schedules and calculations can be performed as requiredprepared and delivered) under Section 8.06Article VIII of the Credit Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreementthe Credit Agreement or any other Facility Document, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities Liabilities of the Borrower or the Collateral Manager under or pursuant to this Agreementthe Credit Agreement or any other Facility Document.

Powers and Duties of Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank, and U.S. Bank shall hereby accepts its appointment, as the Issuer's agent to act as Collateral Administrator pursuant to the terms of this Agreement, until the earlier of U.S. Bank’s 's resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof or until the termination of this Agreement pursuant to Section 6 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral solely by maintaining a database of certain characteristics with respect to of the Collateral on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Sections 2(b) through 2(e) below (in each case in such form and content, and in such detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer and/or the Collateral Manager (in addition to certain information that may be received from the Trustee in respect of Eligible Investments and cash balances in Accounts, as provided herein), which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Manager, on its behalf, and/or the Collateral Administrator is required to prepare and deliver or perform (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.5 of the Indenture. U.S. Bank’s The Collateral Administrator's duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Collateral Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this the Indenture or the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank, and U.S. Bank shall hereby accepts its appointment, as the Issuer's agent to act as Collateral Administrator pursuant to the terms of this Agreement, until the earlier of U.S. Bank’s 's resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof or until the termination of this Agreement pursuant to Section 6 or 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral solely by maintaining a database of certain characteristics with respect to of the Collateral on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Sections 2(b) through 2(f) below (in each case in such form and content, and in such detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Valuation Agent and/or the Collateral Manager (in addition to certain information that may be received from the Trustee in respect of Eligible Investments and cash balances in Accounts, as provided herein), which reports, schedules and calculations and other data the Borrower Issuer, or the Valuation Agent or the Collateral Manager Manager, respectively on its behalf, and/or the Collateral Administrator is required to prepare and deliver or perform (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.5 of the Indenture. U.S. Bank’s The Collateral Administrator's duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Collateral Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this the Indenture or the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 hereof7. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Servicer in connection with monitoring the Collateral Manager solely by maintaining a database of certain characteristics with respect to of the Collateral Loans and Permitted Investments on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager Servicer certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Sale and Servicing Agreement), based upon information and data received from the Issuer and/or the Servicer, which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Servicer, on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.06Article IX of the Sale and Servicing Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer or of the Collateral Manager Servicer under this the Sale and Servicing Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer, or the Collateral Manager Trustee under or pursuant to this the Indenture or of the Issuer or the Servicer under or pursuant to the Sale and Servicing Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank Virtus Group, LP shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. BankVirtus Group, LP’s resignation or removal as Collateral Administrator pursuant to Section 15.04 hereof. In such capacity, the Collateral Administrator shall assist the Borrower and the Collateral Manager by maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower and the Collateral Manager (and, where applicable, the Borrower’s Independent Accountants) certain reports, calculations and other data (as may be mutually agreed upon by the parties hereto), based upon information and data received from the Borrower and/or Collateral Manager, which reports, calculations and other data the Borrower or the Collateral Manager on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports and calculations can be performed as required) under Section 8.06. U.S. BankVirtus Group, LP’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower or the Collateral Manager under this Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any 139 respect the duties, obligations or liabilities of the Borrower or the Collateral Manager under or pursuant to this AgreementAgreement or any other Facility Document.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as the Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s resignation or removal as the Collateral Administrator pursuant to Section 15.04 hereof7 hereof or pursuant to the terms of the Loan Agreement. In such capacity, the Collateral Administrator shall assist the Borrower Company and the Collateral Investment Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, basis and in providing to the Borrower Company and the Collateral Investment Manager certain reports, schedules and calculations, all as more particularly described in Section 2(b) below (in each case, such reports, schedules and calculations shall be prepared in such form and other data (content, and in such greater detail, as may be mutually agreed upon by the parties hereto)hereto from time to time and as may be required by the Loan Agreement) based upon information and data received from the Company, which reportsthe Administrative Agent, calculations and other data the Borrower or the Collateral Manager on its behalf, Account Bank and/or the Collateral Administrator is Investment Manager, as required to prepare be prepared and deliver delivered (or which are necessary to be performed prepared and delivered in order that certain reports other reports, schedules and calculations can be performed as requiredprepared and delivered) under Section 8.068.03 of the Loan Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Company or the Collateral Investment Manager under this the Loan Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Company or the Collateral Investment Manager under or pursuant to this the Loan Agreement.

Powers and Duties of Collateral Administrator. (a) The Issuer hereby appoints U.S. Bank to act as Collateral Administrator and U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s 's resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Asset Manager in connection with monitoring the Collateral Manager solely by maintaining a database of certain characteristics with respect to of the Collateral Pledged Obligations on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Asset Manager and certain other parties as specified in the Indenture, certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer, the Asset Manager, certain other parties as specified in the Indenture and/or the obligors under an Underlying Instrument or agents for such obligors or other Third-Party Sources (as hereinafter defined) from time to time, which reports, schedules and calculations and other data the Borrower Issuer or the Collateral Manager Asset Manager, on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.5 and Section 3.5(h) of the Indenture. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture or of the Asset Manager under the Asset Management Agreement or the Collateral Manager under this AgreementIndenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer, the Asset Manager or the Collateral Trustee under or pursuant to the Indenture, or of the Asset Manager under or pursuant to this the Asset Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement and, to the extent applicable, the Credit Agreement, until U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Company and the Collateral Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower Company and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Credit Agreement), based upon information and data received from the Company and/or the Collateral Manager or from Third Party Information Providers (as defined below), which reports, schedules and calculations and other data the Borrower Company or the Collateral Manager on its behalf, and/or the or Collateral Administrator on the Company’s behalf is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.06Sections 8.9 and 9.1(c) of the Credit Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement and the Credit Agreement. By entering into, or performing its duties under, this Agreement and the Credit Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Company or Collateral Manager under the Credit Agreement, or of the Collateral Manager under this the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Company under or pursuant to the Credit Agreement or of the Collateral Manager under or pursuant to the Collateral Management Agreement. The Collateral Administrator shall have no obligation to determine Market Value or price in connection with any actions or duties under this Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement, until U.S. Bank’s 's resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof or until termination of this Agreement pursuant to Section 6 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Issuer and the Collateral Manager in connection with monitoring the Collateral by maintaining a database of certain characteristics with respect to of the Collateral on an ongoing basis, and in providing to the Borrower Issuer and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Indenture), based upon information and data received from the Issuer and/or the Collateral Manager, which reports, schedules and calculations and other data the Borrower Issuer, or the Collateral Manager on its behalf, and/or the Collateral Administrator is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.0610.6 and 7.18 of the Indenture. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement. By entering into, or performing its duties under, this Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Issuer under the Indenture, or of the Collateral Manager under this Agreementthe Collateral Management Agreement or the Indenture, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Issuer, the Collateral Manager or the Trustee under or pursuant to the Indenture or of the Collateral Manager under or pursuant to this the Collateral Management Agreement.

Powers and Duties of Collateral Administrator. (a) U.S. Bank shall act as Collateral Administrator pursuant to the terms of this Agreement and, to the extent applicable, the Credit Agreement, until the earlier of the termination of this Agreement or U.S. Bank’s resignation or removal as Collateral Administrator pursuant to Section 15.04 7 hereof. In such capacity, the Collateral Administrator shall assist the Borrower Company and the Collateral Manager by in connection with maintaining a database of certain characteristics with respect to the Collateral on an ongoing basis, and in providing to the Borrower Company and the Collateral Manager certain reports, calculations schedules and other data calculations, all as more particularly described in Section 2(b) below (in each case in such form and content, and in such greater detail, as may be mutually agreed upon by the parties heretohereto from time to time and as may be required by the Credit Agreement), based upon information and data received from the Company, the Collateral Manager or Third Party Sources (as defined below), which reports, schedules and calculations and other data the Borrower Company or the Collateral Manager on its behalf, and/or the or Collateral Administrator on the Company’s behalf is required to prepare and deliver (or which are necessary to be performed in order that certain reports reports, schedules and calculations can be performed as required) under Section 8.06Sections 8.1010 and 9.1(c) of the Credit Agreement. U.S. Bank’s duties and authority to act as Collateral Administrator hereunder are limited to the duties and authority specifically set forth in this Agreement and the Credit Agreement. By entering into, or performing its duties under, this Agreement and the Credit Agreement, the Collateral Administrator shall not be deemed to assume any obligations or liabilities of the Borrower Company or Collateral Manager under the Credit Agreement, or of the Collateral Manager under this the Collateral Management Agreement, and nothing herein contained shall be deemed to release, terminate, discharge, limit, reduce, diminish, modify, amend or otherwise alter in any respect the duties, obligations or liabilities of the Borrower Company under or pursuant to the Credit Agreement or of the Collateral Manager under or pursuant to this the Collateral Management Agreement.