Scheduled Testing of Values. (A) Each February 28, April 30, July 31 and October 31 of each calendar year, commencing on October 31, 2018 (or such other dates as are agreed to by the Borrower and the Administrative Agent, but in no event less frequently than once per calendar quarter, each a “Valuation Testing Date”), the Administrative Agent through an Independent Valuation Provider will test the values determined pursuant to Section 5.12(a)(ii) above of those Unquoted Investments included in the Borrowing Base selected by the Administrative Agent; provided, that the aggregate fair value of such Unquoted Investments tested on any Valuation Testing Date will be equal to the Tested Amount (as defined below) (or as near thereto as reasonably practical). For the avoidance of doubt, Unquoted Investments that are part of the Collateral but not included in the Borrowing Base shall not be subject to testing under this Section 5.12(a)(iii).
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund), Senior Secured Credit Agreement (FS Energy & Power Fund)
Scheduled Testing of Values. (A) Each February 28March 31, April June 30, July 31 September 30 and October December 31 of each calendar year, commencing on October 31, 2018 year (or such other quarterly dates as are reasonably agreed to by the Borrower and the Administrative Agent, but in no event less frequently than once per calendar quarter, each a “Valuation Testing Date”), ) the Administrative Agent through an independent valuation provider selected by the Administrative Agent in its reasonable discretion (the “Independent Valuation Provider Provider”) will test the values as of such Valuation Testing Date determined pursuant to Section 5.12(a)(ii5.12(b)(ii) above of those Unquoted Portfolio Investments included in the Borrowing Base selected by the Administrative Agent; provided, that the aggregate . The fair value of such Unquoted Portfolio Investments tested on as of any Valuation Testing Date will shall be at least equal to the Tested Amount (as defined below) (or as near thereto as reasonably practical). For ; provided, however, in no event shall more than 25% of the avoidance aggregate value of doubt, the Unquoted Investments that are part of the Collateral but not included in the Borrowing Base shall not be subject to testing under this Section 5.12(a)(iii)tested by the Independent Valuation Provider in respect of any applicable Valuation Testing Date.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp), Senior Secured (Apollo Investment Corp)
Scheduled Testing of Values. (A) Each February 28, April 30, July 31 and October 31 of each calendar year, commencing on October 31April 30, 2018 2016 (or such other dates as are agreed to by the Borrower and the Administrative Agent, but in no event less frequently than once per calendar quarter, each a “Valuation Testing Date”), the Administrative Agent through an Independent Valuation Provider will test the values determined pursuant to Section 5.12(a)(ii5.12(b)(ii) above of those Unquoted Portfolio 65 #4841-8625-7971v16 Investments included in the Borrowing Base selected by the Administrative Agent; provided, that the aggregate fair value of such Unquoted Portfolio Investments tested on any Valuation Testing Date will be equal to the Tested Amount (as defined below) (or as near thereto as reasonably practical). For the avoidance of doubt, Unquoted Portfolio Investments that are part of the Collateral but not included in the Borrowing Base shall not be subject to testing under this Section 5.12(a)(iii5.12(b)(iii).
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Resource Capital Corp.)
Scheduled Testing of Values. (A) Each February 28, April 30, July 31, October 31 and October 31 February 28 of each calendar year, commencing on October 31, 2018 2013 (or such other dates as are agreed to by the Borrower and the Administrative Agent, but in no event less frequently than once per calendar quarter, each a “Valuation Testing Date”), the Administrative Agent through an Independent Valuation Provider will test the values determined pursuant to Section 5.12(a)(ii5.12(b)(ii) above of those Unquoted Portfolio Investments included in the Borrowing Base selected by the Administrative Agent; provided, that the aggregate fair value of such Unquoted Portfolio Investments tested on any Valuation Testing Date will be equal to the Tested Amount (as defined below) (or as near thereto as reasonably practical). For the avoidance of doubt, Unquoted Portfolio Investments that are part of the Collateral but not included in the Borrowing Base shall not be subject to testing under this Section 5.12(a)(iii5.12(b)(iii).
Appears in 1 contract
Samples: Assignment and Assumption (Corporate Capital Trust, Inc.)
Scheduled Testing of Values. (A) Each February 28, April 30, July 31 and October 31 of each calendar year, commencing on October 31, 2018 2014 (or such other dates as are agreed to by the Borrower and the Administrative Agent, but in no event less frequently than once per calendar quarter, each a “Valuation Testing Date”), the Administrative Agent through an Independent Valuation Provider will test the values determined pursuant to Section 5.12(a)(ii5.12(b)(ii) above of those Unquoted Portfolio Investments included in the Borrowing Base selected by the Administrative Agent; provided, that the aggregate fair value of such Unquoted Portfolio Investments tested on any Valuation Testing Date will be equal to the Tested Amount (as defined below) (or as near thereto as reasonably practical). For the avoidance of doubt, Unquoted Portfolio Investments that are part of the Collateral but not included in the Borrowing Base shall not be subject to testing under this Section 5.12(a)(iii5.12(b)(iii).
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Resource Capital Corp.)