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 or Substitution 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 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 two Business Days, return the Underlying Instruments so requested to the Borrower.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (AG Twin Brook Capital Income Fund), Assignment and Assumption Agreement (AGTB Private BDC)
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 or Substitution 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 Collateral Manager 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 two (2) 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. a. 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 Collateral Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral 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 or Substitution 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 Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Collateral Manager 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 Collateral 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 two five 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. 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 or Substitution 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 Collateral Manager 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 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. a. 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 or Substitution 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 Collateral Manager 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 two 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. 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, Substitution or Optional Sale or Substitution 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 Collateral Manager 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 (when required to be signed by the Administrative Agent) promptly, but in any event within two five 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. a. 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 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, or (c) that has been the subject of a Discretionary Sale or Substitution 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 H hereto (signed by both the Collateral Manager 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 Collateral 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 two 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 or Substitution 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 Collateral Manager 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 two (2) 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)
Return of Required Loan Documents. a. 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 or Substitution 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 Collateral Manager 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 two 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. 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, Substitution or Optional Sale or Substitution 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 Collateral Manager 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 (when required to be signed by the Administrative Agent) promptly, but in any event within two five 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. a. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), may require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) Asset File 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 or Substitution 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 error by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto F (signed by both the Collateral Manager and the Administrative AgentBorrower) specifying the Loan Asset File to be so returned and specifying that such Loan Asset File was delivered in error. The Portfolio Asset Servicer shall require that the Collateral Custodian return to the Borrower or the applicable Subsidiary Guarantor, as applicable, each Loan Asset File for which the applicable Loan Asset was released from the Lien of the Administrative Agent hereunder pursuant to Section 2.11 by submitting to the Collateral Custodian a written request in the form of Exhibit F (signed by the Portfolio Asset Servicer) specifying the Loan Asset File to be so returned and reciting that the conditions to such release return have been met (and specifying the Section or Sections of this Agreement being relied upon for such releasereturn). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and or the Administrative Agent Portfolio Asset Servicer, as applicable, promptly, but in any event within two five Business Days, return the Underlying Instruments Loan Asset File so requested to the BorrowerBorrower or the applicable Subsidiary Guarantor, as applicable.
Appears in 1 contract
Samples: Loan and Servicing Agreement (PIMCO Capital Solutions BDC Corp.)
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 or Substitution 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 Collateral Manager 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 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. 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) 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 or Substitution 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 Collateral Manager 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 two 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. 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 or Substitution 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 Collateral Manager 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 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. 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) 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 or Substitution 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 Collateral Manager 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 two 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)
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 or Substitution 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 Collateral Manager 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 two (2) Business Days, return the Underlying Instruments so requested to the Borrower.
Appears in 1 contract