Common use of Return of Required Loan Documents Clause in Contracts

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

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Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 3 contracts

Samples: And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), may require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the such Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the such Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the any applicable Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the such Borrower.

Appears in 3 contracts

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

Return of Required Loan Documents. The Borrower Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Asset has been substituted in accordance with Section 2.19, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased by the Seller pursuant to Section 2.19, (e) that has been repurchased by the Seller pursuant to Section 2.14, (f) that has been the subject of an Optional Sale pursuant to Section 2.20, (g) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.21, or (dh) that is required to be redelivered to the Borrower Seller in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower Seller and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower Seller and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the BorrowerSeller.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. The Borrower Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.16, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repaid by the subject of a Discretionary Sale, Substitution or Optional Sale Seller pursuant to Section 2.14 4.6 or (de) that is required to be redelivered to the Borrower Seller in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower Seller and the Administrative Agent) specifying the Collateral Assets to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower Seller and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the BorrowerSeller.

Appears in 2 contracts

Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc), Loan Certificate and Servicing Agreement (Capitalsource Inc)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five two (52) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.16, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.16, (e) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.17 or (df) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.19, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased by the Borrower pursuant to Section 2.19, (e) that has been repurchased by the Borrower pursuant to Section 2.14, (f) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.21, or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

Samples: Secured Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.27.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request substantially in the form of Exhibit E hereto (signed by both the Borrower Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheldwithheld and which consent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, or (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative AgentAgent (provided that the signature of the Administrative Agent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23)) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 2 contracts

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.] [Investcorp] Loan and Security Agreement

Appears in 1 contract

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.15, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been replaced by the Borrower pursuant to Section 2.15, (e) that has been the subject of an Optional Sale pursuant to Section 2.16, (f) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.17, or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Document Agent return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Document Agent in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Document Agent and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Document Agent shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower Servicer and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Samples: Security and Servicing Agreement (Monroe Capital Income Plus Corp)

Return of Required Loan Documents. The Borrower Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (c) that has been repaid by the subject of a Discretionary Sale, Substitution or Optional Sale Seller pursuant to Section 2.14 4.6 or (d) that is required to be redelivered to the Borrower Seller in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower Seller and the Administrative Agent) specifying the Collateral Assets to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower Seller and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the BorrowerSeller.

Appears in 1 contract

Samples: Certificate and Servicing Agreement (Capitalsource Inc)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five two (52) Business Days, return the Underlying Instruments so requested to the Borrower.. [FS Investment] Loan and Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment Corp IV)

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Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the [FS Investment] Loan and Security Agreement Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five two (52) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (FS KKR Capital Corp)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.18, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased or sold by the Borrower pursuant to Section 2.18, (e) that has been the subject of an Optional Sale pursuant to Section 2.19, (f) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.20, or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.17, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.17, (e) that has been the subject of an Optional Sale pursuant to Section 2.18, (f) that has been the subject of a Discretionary Sale, Substitution Sale or Optional Sale a Lien Release Dividend pursuant to Section 2.14 2.19 or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Samples: And Collateral Management Agreement (First Eagle Credit Opportunities Fund)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.18, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased or sold by the Borrower pursuant to Section 2.18, (e) that has been the subject of an Optional Sale pursuant to Section 2.19, (f) that has been the subject of a Discretionary Sale, Substitution or Optional RIC/BDC Sale pursuant to Section 2.14 2.20, or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheldwithheld and which consent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, or (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Borrower and the Administrative AgentAgent (provided that the signature of the Administrative Agent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23)) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. a. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (AGTB Private BDC)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) two Business Days, return the Underlying Instruments so requested to the Borrower.]

Appears in 1 contract

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.15 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.. Section 14.6

Appears in 1 contract

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

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.17, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.17, (e) that has been the subject of an Optional Sale pursuant to Section 2.18, (f) that has been the subject of a Discretionary Sale, Substitution Sale or Optional Sale a Lien Release Dividend pursuant to Section 2.14 2.19 or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.. USActive 57833767.7 151

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

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