Common use of Reports to Rating Agency and Additional Recipients Clause in Contracts

Reports to Rating Agency and Additional Recipients. In addition to the information and reports specifically required to be provided to the Rating Agency pursuant to the terms of this Indenture, the Issuer shall provide the Rating Agency with all information or reports delivered to the Trustee hereunder (with the exception of any accountants’ reports or any Accountants’ Report) and such additional information as the Rating Agency may from time to time reasonably request (including notification to S&P 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 but excluding any accountants’ reports or any Accountants’ Report). With respect to credit estimates, the Issuer shall provide notification to the Rating Agency of any material modification that would result in substantial changes to the terms of any loan document relating to a Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation if the Collateral Manager reasonably believes that such notice is required in accordance with S&P’s publication on credit estimates titled “Credit FAQ: Anatomy Of A Credit Estimate: What It Means And How We Do It?” dated January 2021 (as the same may be amended or updated from time to time). Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to the Rating Agency, 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 thereof. 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 Independent accountants to the Issuer who will post such Form 15-E on the 17g-5 website.

Appears in 1 contract

Samples: Indenture (AG Twin Brook Capital Income Fund)

AutoNDA by SimpleDocs

Reports to Rating Agency and Additional Recipients. In addition to the information and reports specifically required to be provided to the Rating Agency then rating a Class of Secured Notes pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and the Rating Agency then rating a Class of Secured Notes with all information or reports delivered to the Trustee hereunder (with including the exception of any accountants’ reports or any Accountants’ ReportEffective Date Comparison AUP Report but excluding any other Accountants’ Reports) and the Trustee shall provide all such information to the Initial Purchaser upon the Initial Purchaser’s written request, and, subject to Section 14.3(c), (x) such additional information (including the Accountants’ Effective Date Comparison AUP Report but excluding any other Accountants’ Reports) as the any Rating Agency then rating a Class of Secured Notes may from time to time reasonably request (including the following items which will be delivered to S&P: (i) notification to S&P the Rating Agency 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 but excluding any accountants’ reports or any Accountants’ Report). With respect to credit estimatesdocumentation, the Issuer shall provide (ii) notification to the Rating Agency then rating a Class of Secured Notes of any material modification that would result in substantial changes Trading Plan failure and (iii) notification to the terms S&P of any loan document relating Specified Event, which notice shall include a copy of such Specified Event and a brief description of such event) and (y) at least annually (if not sooner) any Information with respect to a Collateral Obligation or any release the S&P Rating of collateral thereunder not permitted by such loan documentation if which is determined pursuant to clause (iii)(C) of the Collateral Manager reasonably believes that such notice is required in accordance with S&P’s publication on credit estimates titled definition of the term Credit FAQ: Anatomy Of A Credit Estimate: What It Means And How We Do It?” dated January 2021 (as the same may be amended or updated from time to time)S&P Rating”. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment DateDistribution Report, the Issuer shall provide to the Rating AgencyS&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 thereofthereon, the CUSIP number thereof (if applicable) and the Priority Category thereof(as specified in the definition of “Weighted Average S&P Recovery Rate”). 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 Independent accountants to the Issuer and the 17g-5 Information Agent who will post or cause to be posted such Form 15-E on the 17g-5 websiteWebsite.

Appears in 1 contract

Samples: Indenture (Palmer Square Capital BDC Inc.)

Reports to Rating Agency and Additional Recipients. In addition to the information and reports specifically required to be provided to the Rating Agency (so long as it is rating a Class of Secured Notes) pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and the Rating Agency (so long as it is rating a Class of Secured Notes) with all information or reports delivered to the Trustee hereunder (with the exception of any accountantsAccountantsreports or Certificates) and the Trustee shall provide all such information to the Initial Purchaser upon the Initial Purchaser’s written request, and, subject to Section 14.3(c), such additional information (with the exception of any Accountants’ ReportCertificates) and such additional information as the Rating Agency (so long as it is rating a Class of Secured Notes) may from time to time reasonably request (including notification to S&P the Rating Agency 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 but excluding any accountants’ reports or any Accountants’ Report). With respect to credit estimates, the Issuer shall provide and notification to the Rating Agency of any material modification that would result in substantial changes Specified Event of which the Issuer has knowledge, which notice to the terms Rating Agency shall include a copy of any loan document relating such amendment related to a Collateral Obligation or any release Specified Event and a brief summary of collateral thereunder not permitted by such loan documentation if the Collateral Manager reasonably believes that such notice is required in accordance with S&P’s publication on credit estimates titled “Credit FAQ: Anatomy Of A Credit Estimate: What It Means And How We Do It?” dated January 2021 (its purposes, as the same may be amended or updated from time to timeapplicable). Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to the Rating Agency, 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 thereofObligor thereon, the CUSIP number thereof (if applicable) and the Priority Category thereof. In accordance whether it is a Senior Secured Loan, a Second Lien Loan, a Qualified First Lien Loan, a First Lien/Last Out Loan, a Senior Secured Loan with SEC Release No. 34a Senior Revolver Facility or a Cov-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 Independent accountants to the Issuer who will post such Form 15-E on the 17g-5 websiteLite Loan.

Appears in 1 contract

Samples: Indenture (AB Private Credit Investors Corp)

Reports to Rating Agency and Additional Recipients. In addition to the information and reports specifically required to be provided to the Rating Agency (so long as it is rating a Class of Secured NotesDebt) pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and the Rating Agency (so long as it is rating a Class of Secured NotesDebt) with all information or reports delivered to the Trustee hereunder (with the exception of any accountantsAccountantsreports or Certificates) and the Trustee shall provide all such information to the Initial Purchaser upon the Initial Purchaser’s written request, and, subject to Section 14.3(c), such additional information (with the exception of any Accountants’ ReportCertificates) and such additional information as the Rating Agency (so long as it is rating a Class of Secured NotesDebt) may from time to time reasonably request (including notification to S&P the Rating Agency 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 but excluding documentation, any accountants’ reports modification of payment schedule, extensions of maturity, nonpayment of interest or principal, prepayments and any Accountants’ Report). With respect to credit estimatesother information that, in the Issuer shall provide Collateral Manager’s reasonable business judgment, may have a material adverse impact on the collateral quality of such DIP Collateral Obligation and notification to the Rating Agency of any material modification that would result in substantial changes Specified Event of which the Issuer has knowledge, which notice to the terms Rating Agency shall include a copy of any loan document relating such amendment related to a Collateral Obligation or any release Specified Event and a brief summary of collateral thereunder not permitted by such loan documentation if the Collateral Manager reasonably believes that such notice is required in accordance with S&P’s publication on credit estimates titled “Credit FAQ: Anatomy Of A Credit Estimate: What It Means And How We Do It?” dated January 2021 (its purposes, as the same may be amended or updated from time to timeapplicable). Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to the Rating Agency, 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 thereofObligor thereon, the CUSIP number thereof (if applicable) and the Priority Category thereof. In accordance whether it is a Senior Secured Loan, a Second Lien Loan, a Qualified First Lien Loan, a First Lien/Last Out Loan, a Senior Secured Loan with SEC Release No. 34a Senior Revolver Facility or a Cov-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 Independent accountants to the Issuer who will post such Form 15-E on the 17g-5 websiteLite Loan.

Appears in 1 contract

Samples: Supplemental Indenture (AB Private Credit Investors Corp)

AutoNDA by SimpleDocs

Reports to Rating Agency and Additional Recipients. In addition to the information and reports specifically required to be provided to the Rating Agency (so long as it is rating a Class of Rated Notes) pursuant to the terms of this Indenture, the Issuer shall provide the Collateral Manager and the Rating Agency (so long as it is rating a Class of Rated Notes) with all information or reports delivered to the Trustee hereunder (with the exception of any accountantsAccountantsreports or Certificates) and the Trustee shall provide all such information to the Placement Agent upon the Placement Agent’s written request, and, subject to Section 14.3(c), such additional information (with the exception of any Accountants’ ReportCertificates) and such additional information as the Rating Agency (so long as it is rating a Class of Rated Notes) may from time to time reasonably request (including notification to S&P 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 but excluding any accountants’ reports or any Accountants’ Report). With respect to credit estimates, the Issuer shall provide notification to the Rating Agency of any material modification that would result in substantial changes to the terms of any loan document relating to a Collateral Obligation or any release of collateral thereunder not permitted by such loan documentation if the Collateral Manager reasonably believes that such notice is required in accordance with S&P’s publication on credit estimates titled “Credit FAQ: Anatomy Of A Credit Estimate: What It Means And How We Do It?” dated January 2021 (as the same may be amended or updated from time to time)request. Within 10 Business Days after the Effective Date, together with each Monthly Report and on each Payment Date, the Issuer shall provide to the Rating Agency, 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 thereofObligor thereon, the CUSIP number thereof (if applicable) and whether it is a Senior Secured Loan, a Second Lien Loan, a Qualified First Lien Loan, a First Lien/Last Out Loan, a Senior Secured Loan with a Senior Revolver Facility or Cov-Lite Loan. The Collateral Manager shall also provide the Priority Category thereof. In accordance with SEC Release No. 34-72936Rating Agency written notice of (i) the occurrence of any of the following relating to a DIP Collateral Obligation: any modification of any loan document or any release of collateral thereunder not permitted by such loan documentation, Form 15-Eany modification of payment schedule, only extensions of maturity, nonpayment of interest or principal, prepayments and any other information that, in its complete the Collateral Manager’s reasonable business judgment, may have a material adverse impact on the collateral quality of such DIP Collateral Obligation and unedited form (ii) any Specified Event of which includes the Accountants’ Effective Date Comparison AUP Report as an attachmentIssuer has knowledge, will be provided by the Independent accountants which notice to the Issuer who will post Rating Agency shall include a copy of any such Form 15-E on the 17g-5 websiteamendment related to a Specified Event and a brief summary of its purposes, as applicable.

Appears in 1 contract

Samples: Indenture (AB Private Credit Investors Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!