Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder and the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(c), so long as there are any Secured Notes Outstanding, such additional information as any Rating Agency may from time to time reasonably request (including notification to S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P of any Specified Event of which the Issuer has knowledge, which notice to S&P shall include a copy of any such amendment related to a Specified Event and a brief summary of its purpose, as applicable); provided that, reports or statements of the Issuer’s Independent certified public accountants shall not be provided to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority). (b) Without limitation to any other provision of this Indenture, the Trustee shall deliver to the Collateral Manager, any Holder of Notes or any Person that has certified to the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In addition, the Trustee shall provide to the Collateral Manager written notice of any such request (and certification, if applicable) by a Holder or beneficial owner and the information provided by the Trustee to such Holder or beneficial owner.
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Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder and (with the Trustee shall provide all such information delivered to it hereunder to exception of any letter or report provided by the Initial Purchaser and firm of Independent certified public accountants that performs accounting services for the Placement Agents upon such Person’s written request, and, subject to Section 14.3(cIssuer or the Collateral Manager), so long as there are any Secured Notes Outstanding, and such additional information as any either Rating Agency may from time to time reasonably request (with the exception of any letter or report provided by the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager) (including notification to Moody’s and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P and Moody’s of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Xxxxx’x shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose (which, as applicable); provided that, reports or statements at the option of the Issuer’s Independent certified public accountants shall not , may be a copy of any amendment summary provided to the Issuer or the Collateral Manager by the administrative agent for the relevant Collateral Obligation) and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, if any); provided, that any Rating Agency (except as otherwise set forth in Section 7.18(c) as may notification to Moody’s regarding a Specified Amendment shall be required by delivered to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Moody’s may, at its option, re-determine the credit estimate of any applicable law or by any regulatory or governmental authority).
(b) Without limitation such Collateral Obligation which is subject to any other provision of this Indenturea Specified Amendment. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Trustee Issuer shall provide to S&P, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Obligation, the name of each obligor or issuer thereof, the CUSIP number thereof (if applicable) and the Priority Category (as specified in the definition of “Weighted Average S&P Recovery Rate”). The Issuer (or the Collateral Manager on behalf of the Issuer) shall deliver to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the Collateral Managerfollowing: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Moody’s) and (ii) in connection with each Monthly Report, any Holder of Notes or any Person that has certified to a file containing the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In additioncurrent RiskCalc estimates, the Trustee shall provide to the rating date and rating for applicable Collateral Manager written notice of any such request (and certification, if applicable) by a Holder or beneficial owner and the information provided by the Trustee to such Holder or beneficial ownerObligations.
Appears in 1 contract
Samples: Indenture (TICC Capital Corp.)
Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder hereunder, and the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(c), so long as there are any Secured Notes Outstanding, such additional information as any either Rating Agency may from time to time reasonably request (including notification to Moody’s and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P and Xxxxx’x of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Xxxxx’x shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, as applicableif any); provided thatprovided, reports that any notification to Moody’s regarding a Specified Amendment shall be delivered to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Moody’s may, at its option, re-determine the credit estimate of any such Collateral Obligation which is subject to a Specified Amendment. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to S&P, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Obligation, the name of each obligor or statements issuer thereof, the CUSIP number thereof (if applicable) and the Priority Category (as specified in the definition of “Weighted Average S&P Recovery Rate”). The Issuer (or the Collateral Manager on behalf of the Issuer’s Independent certified public accountants shall not be provided to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority).
(b) Without limitation to any other provision of this Indenture, the Trustee shall deliver to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the following: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Moody’s) and (ii) in connection with each Monthly Report, a file containing the current RiskCalc estimates, the rating date and rating for applicable Collateral Manager, any Holder of Notes or any Person that has certified to the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative ExpensesObligations. In addition, the Trustee Issuer (or the Collateral Manager on behalf of the Issuer) shall provide to Moody’s a report on the Collateral Manager written notice 16th day of any each month (or if such request day is not a Business Day, the next succeeding Business Day), commencing with the Closing Date, indicating the status of the Closing Date Participation Interests and whether or not each such Closing Date Participation Interest has been converted into a full assignment (and certificationor repurchased by the Originator pursuant to the Master Loan Sale Agreement, if applicable) by a Holder until such time that all Closing Date Participation Interests have been converted into full assignments or beneficial owner and the information provided repurchased by the Trustee Originator pursuant to such Holder or beneficial ownerthe Master Loan Sale Agreement, as applicable.
Appears in 1 contract
Samples: Indenture (Golub Capital BDC, Inc.)
Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder and (with the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(cexception of any accountants’ reports or any Accountants’ Certificate), so long as there are any Secured Notes Outstanding, and such additional information as any either Rating Agency may from time to time reasonably request (including notification to Moody’s and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P and Moody’s of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Moody’s shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, as applicableif any, but excluding any accountants’ reports or any Accountants’ Certificate); provided thatthat any notification to Moody’s regarding a Specified Amendment shall be delivered to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Moody’s may, reports at its option, re-determine the credit estimate of any such Collateral Obligation which is subject to a Specified Amendment. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to S&P, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Obligation, the name of each obligor or statements issuer thereof, the CUSIP number thereof (if applicable) and the Priority Category thereof. The Issuer (or the Collateral Manager on behalf of the Issuer’s Independent certified public accountants shall not be provided to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority).
(b) Without limitation to any other provision of this Indenture, the Trustee shall deliver to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the Collateral Managerfollowing: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Moody’s) and (ii) in connection with each Monthly Report, any Holder of Notes or any Person that has certified to a file containing the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In additioncurrent Moody’s RiskCalc estimates, the Trustee shall provide to the rating date and rating for applicable Collateral Manager written notice of any such request (and certification, if applicable) by a Holder or beneficial owner and the information provided by the Trustee to such Holder or beneficial ownerObligations.
Appears in 1 contract
Samples: Indenture (Golub Capital BDC, Inc.)
Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder Collateral Agent hereunder, and the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(c), so long as there are any Secured Notes Outstanding, such additional information as any either Rating Agency may from time to time reasonably request (including notification (i) to S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P Fitch of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Fitch shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, if any), and (ii) to S&P of the occurrence of (x) an event with respect to a Collateral Obligation that has a credit estimate from S&P and which in the reasonable business judgment of the Collateral Manager would require such notification to S&P under S&P’s Credit Estimate Guidelines, and (y) to the extent not reported pursuant to the foregoing clauses, any other material event that is known to the Issuer or the Collateral Manager with respect to any Collateral Obligation if the Collateral Manager determines that such event is a material event as applicabledescribed in S&P’s published criteria for credit estimates titled “What Are Credit Estimates And How Do They Differ From Ratings?” dated April 2011 (as the same may be amended or updated from time to time); provided that, reports or statements of any notification to Fitch regarding a Specified Amendment shall be delivered to xxxxxxxxxxxxxx.xx@xxxxxxxxxxxx.xxx and to S&P shall be delivered to xxxxxxxxxxxxxxx@xxxxxxxx.xxx. Within 10 Business Days after the Issuer’s Independent certified public accountants shall not be provided to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority).
(b) Without limitation to any other provision of this IndentureEffective Date, together with each Monthly Report and on each Payment Date, the Trustee shall deliver to the Collateral Manager, any Holder of Notes or any Person that has certified to the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In addition, the Trustee shall provide to S&P, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Manager written notice Obligation, the name of any such request each obligor thereof, the CUSIP number thereof (and certification, if applicable) by a Holder or beneficial owner and the information provided by the Trustee to such Holder or beneficial ownerPriority Category thereof.
Appears in 1 contract
Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder and (with the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(cexception of any accountants’ reports or any Accountants’ Report), so long as there are any Secured Notes Outstanding, and such additional information as any either Rating Agency may from time to time reasonably request (including notification to Mxxxx’x and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P and Mxxxx’x of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Mxxxx’x shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, as applicableif any, but excluding any accountants’ reports or any Accountants’ Report); provided thatthat any notification to Mxxxx’x regarding a Specified Amendment shall be delivered to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Mxxxx’x may, reports at its option, re-determine the credit estimate of any such Collateral Obligation which is subject to a Specified Amendment. With respect to credit estimates, the Issuer shall provide notification to Mxxxx’x of any material modification that would result in substantial changes to the terms of any loan document relating to a Collateral Obligation or statements any release of collateral thereunder not permitted by such loan documentation; provided that the Issuer (or the Collateral Manager on behalf of the Issuer’s Independent certified public accountants ) shall not be also provide Mxxxx’x with a copy of any amendment documenting any such material modification; provided further, if applicable, the Issuer (or the Collateral Manager on behalf of the Issuer) shall also deliver to Mxxxx’x a file containing updated Mxxxx’x RiskCalc estimates for any Collateral Obligation subject to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority).
(b) Without limitation to any other provision of this Indenturesuch material modification. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Trustee shall deliver to the Collateral Manager, any Holder of Notes or any Person that has certified to the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In addition, the Trustee shall provide to the Rating Agencies, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Manager written notice Obligation, the name of any such request each Obligor or issuer thereof, the CUSIP number thereof (and certification, if applicable) by a Holder or beneficial owner and the information Priority Category thereof. The Issuer (or the Collateral Manager on behalf of the Issuer) shall deliver to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the following: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Mxxxx’x) and (ii) in connection with each Monthly Report, a file containing the current Mxxxx’x RiskCalc estimates, the rating date and rating for applicable Collateral Obligations. In accordance with SEC Release No. 34-72936, Form 15-E, only in its complete and unedited form which includes the Accountants’ Effective Date Comparison AUP Report as an attachment, will be provided by the Trustee Independent accountants to the Issuer who will post such Holder or beneficial ownerForm 15-E on the 17g-5 website.
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Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder hereunder, and the Trustee shall provide all such information delivered to it hereunder to the Initial Purchaser and the Placement Agents upon such Person’s written request, and, subject to Section 14.3(c), so long as there are any Secured Notes Outstanding, such additional information as any either Rating Agency may from time to time reasonably request (including notification to Moody’s and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and notification to S&P and Xxxxx’x of any Specified Event of which the Issuer has knowledgeAmendment, which notice to S&P and Xxxxx’x shall include (x) a copy of any such amendment related to a Specified Event and Amendment, (y) a brief summary of its purposepurpose (which, as applicable); provided that, reports or statements at the option of the Issuer’s Independent certified public accountants shall not , may be a copy of any amendment summary provided to the Issuer or the Collateral Manager by the administrative agent for the relevant Collateral Obligation) and (z) which criteria under the definition of “Collateral Obligation” are no longer satisfied with respect to such Collateral Obligation after giving effect to the Specified Amendment, if any); provided, that any Rating Agency (except as otherwise set forth in Section 7.18(c) as may notification to Moody’s regarding a Specified Amendment shall be required by delivered to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Moody’s may, at its option, re-determine the credit estimate of any applicable law or by any regulatory or governmental authority).
(b) Without limitation such Collateral Obligation which is subject to any other provision of this Indenturea Specified Amendment. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Trustee Issuer shall provide to S&P, via e-mail in accordance with Section 14.3(a), a Microsoft Excel file of the Excel Default Model Input File and, with respect to each Collateral Obligation, the name of each obligor or issuer thereof, the CUSIP number thereof (if applicable) and the Priority Category (as specified in the definition of “Weighted Average S&P Recovery Rate”). The Issuer (or the Collateral Manager on behalf of the Issuer) shall deliver to XXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the Collateral Managerfollowing: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Moody’s) and (ii) in connection with each Monthly Report, any Holder of Notes or any Person that has certified to a file containing the Trustee in a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In additioncurrent RiskCalc estimates, the Trustee shall provide to the rating date and rating for applicable Collateral Manager written notice of any such request (and certification, if applicable) by a Holder or beneficial owner and the information provided by the Trustee to such Holder or beneficial ownerObligations.
Appears in 1 contract
Samples: Indenture (TICC Capital Corp.)
Reports to Rating Agencies and Additional Recipients. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and, so long as there are any Secured Notes Outstanding, each Rating Agency with all information or reports delivered to the Trustee hereunder and (with the Trustee exception of any letter or report provided by the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager), notice of any Specified Amendment (which notice shall provide all include (x) a copy of such information delivered to it hereunder Specified Amendment, (y) a brief summary of its purpose (which, at the option of the Issuer, may be a copy of any amendment summary provided to the Initial Purchaser Issuer or the Collateral Manager by the administrative agent for the relevant Collateral Obligation) and (z) which criteria under the Placement Agents upon definition of “Collateral Obligation” are no longer satisfied with respect to such Person’s written requestCollateral Obligation after giving effect to the Specified Amendment, and, subject to Section 14.3(cif any), so long as there are any Secured Notes Outstanding, and such additional information as any either Rating Agency may from time to time reasonably request (with the exception of any letter or report provided by the firm of Independent certified public accountants that performs accounting services for the Issuer or the Collateral Manager) (including notification to Mxxxx’x and S&P and Xxxxx’x of any modification of any loan document relating to a DIP Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation and documentation); provided, that any notification to S&P of any Moody’s regarding a Specified Event of which Amendment shall be delivered to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx. Mxxxx’x may, at its option, re-determine the Issuer has knowledge, which notice to S&P shall include a copy credit estimate of any such amendment related Collateral Obligation which is subject to a Specified Event Amendment. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to S&P, via e-mail in accordance with Section 14.3(a), a brief summary Microsoft Excel file of its purposethe Excel Default Model Input File and, with respect to each Collateral Obligation, the name of each obligor or issuer thereof, the CUSIP number thereof (if applicable) and the Priority Category (as applicablespecified in the definition of “Weighted Average S&P Recovery Rate”); provided that, reports . The Issuer (or statements the Collateral Manager on behalf of the Issuer’s Independent certified public accountants shall not be provided to any Rating Agency (except as otherwise set forth in Section 7.18(c) as may be required by any applicable law or by any regulatory or governmental authority).
(b) Without limitation to any other provision of this Indenture, the Trustee shall deliver to GXXXxxxxxXxxxxxxxxXxxxxxxx@xxxxxx.xxx the Collateral Managerfollowing: (i) updated RiskCalc input and output files within five Business Days of delivery of the Monthly Report (or upon request by Moody’s) and (ii) in connection with each Monthly Report, any Holder of Notes or any Person that has certified to a file containing the Trustee in current RiskCalc estimates, a writing substantially in the form of Exhibit C to this Indenture that it is the owner of a beneficial interest in a Global Note (including any documentation that the Trustee may request in order to verify ownership), any information or notice provided or listed on the Register and requested to be so delivered by the Collateral Manager, such Holder or such Person that has made such certification that is reasonably available to the Trustee. All related costs will be borne by the Issuer as Administrative Expenses. In additionthat the Pre-Qualifying Conditions are satisfied for each Collateral Obligation which has a Mxxxx’x Rating determined by reference to Moody’s RiskCalc, any financial statements used to satisfy the Trustee shall provide to the Pre-Qualifying Conditions for such Collateral Manager written notice of any such request (and certification, if applicable) by a Holder or beneficial owner Obligations and the information provided by the Trustee to rating date and rating for such Holder or beneficial ownerCollateral Obligations.
Appears in 1 contract
Samples: Indenture (KCAP Financial, Inc.)