Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set forth (x) updated on a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer, (y) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver or other modification is a Material Modification and (z) the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid by the Servicer, (C) all scheduled and unscheduled repayments with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.
Appears in 3 contracts
Samples: Omnibus Amendment (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)
Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on On each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral AgentTrustee, a monthly statement including (Ax) a Borrowing Base Certificate calculated as of the most recent Determination Date, (By) calculations showing compliance with the Collateral Quality Test and the Concentration Limits as of the most recent Determination Date and (z) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set forth only (xA) updated on a quarterly basis, covenant compliance calculations of the Net Leverage Ratio and the Interest Coverage Ratio for each such Loan Asset for the most recently ended relevant test period Relevant Test Period for each such Loan Asset in the related Loan Agreement based on information received by the Servicer, and (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver or other modification is a Material Modification and (z) the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid by the Servicer, (C) all scheduled and unscheduled repayments with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii)statement, a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.L.
(ii) On each Reporting Date that includes a Payment Date in the same month, in addition to the information provided under clause (i) above, the Servicer will provide to the Borrower, the Agent and the Trustee in such monthly statement, (x) the Interest Collections received during the immediately preceding Remittance Period and available for distribution pursuant as of such Payment Date, (y) the Principal Collections received during the immediately preceding Remittance Period and available for distribution as of such Payment Date, and (z) the dollar amount to be distributed on such Payment Date at each level of priority pursuant to Section 2.04.
(iii) The Agent will provide each Lender with a copy of such Servicing Reports promptly upon receipt thereof.
Appears in 2 contracts
Samples: Omnibus Amendment (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)
Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Calculation Agent and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer“Servicing Report”), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled and unscheduled repayments with respect to any Loan Eligible Portfolio Assets during of the related calendar month and Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event has occurred and is continuing.
(ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent and the Account Bank a report (the “Proposed Payment Date Report”) that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by Payment Date (B) the identification of any Excluded Amounts, (C) whether a Responsible Officer Notice of Exclusive Control has been delivered and (D) the Servicer and amount of any distributions to be made to the Borrower or Fund under Section 2.08(a)(i)(e), Sections 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a “Payment Date Report”). A Payment Date Report acknowledged by the Calculation Agent in writing shall constitute instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (TCG BDC II, Inc.)
Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on On each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral AgentTrustee, a monthly statement including (Ax) a Borrowing Base Certificate calculated as of the most recent Determination Date, (By) calculations showing compliance with the Collateral Quality Test and the Concentration Limits as of the most recent Determination Date and (z) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set forth only (xA) updated on a quarterly basis, covenant compliance calculations of the Net Leverage Ratio and the Interest Coverage Ratio for each such Loan Asset for the most recently ended relevant test period Relevant Test Period for each such Loan Asset in the related Loan Agreement based on information received by the Servicer, and (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver or other modification is a Material Modification and (z) the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid by the Servicer, (C) all scheduled and unscheduled repayments with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii)statement, a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.K.
(ii) On each Reporting Date that includes a Payment Date in the same month, in addition to the information provided under clause (i) above, the Servicer will provide to the Borrower, the Agent and the Trustee in such monthly statement, (x) the Interest Collections received during the immediately preceding Remittance Period and available for distribution pursuant as of such Payment Date, (y) the Principal Collections received during the immediately preceding Remittance Period and available for distribution as of such Payment Date, and (z) the dollar amount to be distributed on such Payment Date at each level of priority pursuant to Section 2.04.
(iii) The Agent will provide each Lender with a copy of such Servicing Reports promptly upon receipt thereof.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)
Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Calculation Agent and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer“Servicing Report”), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled Eligible Portfolio Assets of the Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and unscheduled repayments Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event or Rating Event has occurred and is continuing.
(ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, or, in the case of an Inter-Period Payment Date, on such Determination Date, the Portfolio Asset Servicer will provide to the Borrower, the Calculation Agent, the Administrative Agent and the Account Bank (and, if KBRA is providing a rating with respect to any Loan Assets during the related calendar month and Borrower, KBRA) a report (Dthe “Proposed Payment Date Report”) that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by Payment Date (B) the identification of any Excluded Amounts that have not otherwise been withdrawn in accordance with Section 2.07(e), (C) whether a Responsible Officer Notice of Exclusive Control has been delivered and (D) the Servicer and amount of any distributions to be made to the Borrower or Holdings under Section 2.08(a)(i)(e), Sections 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a “Payment Date Report”). A Payment Date Report acknowledged by the Calculation Agent in writing shall constitute instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.)
Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent Agent, the Calculation Agent, the Collateral Custodian and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer"Servicing Report"), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled Eligible Portfolio Assets of the Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and unscheduled repayments Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event has occurred and is continuing.
(ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, or, in the case of an Inter-Period Payment Date, on such Determination Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Collateral Custodian and the Account Bank (and, if KBRA is providing a rating with respect to any Loan Assets during the related calendar month and Borrower, to KBRA) a report (Dthe "Proposed Payment Date Report") that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer Payment Date (B) the identification of any Excluded Amounts, and (C) the Servicer and amount of any distributions to be made to the Borrower or Fund under Section 2.08(a)(i)(e), Section 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a "Payment Date Report"). Any such Payment Date Report consented to and acknowledged by the Calculation Agent in writing shall constitute authorization for the Administrative Agent to provide instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Carlyle Secured Lending III)
Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent Agent, the Calculation Agent, the Collateral Custodian and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer"Servicing Report"), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled Eligible Portfolio Assets of the Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and unscheduled repayments Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event or Rating Event has occurred and is continuing. (ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, or, in the case of an Inter‐Period Payment Date, on such Determination Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Collateral Custodian and the Account Bank (and, if KBRA is providing a rating with respect to any Loan Assets during the related calendar month and Borrower, to KBRA) a report (Dthe "Proposed Payment Date Report") that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer Payment Date (B) the identification of any Excluded Amounts, and (C) the Servicer and amount of any distributions to be made to the Borrower or Fund under Section 2.08(a)(i)(e), Section 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a "Payment Date Report"). Any such Payment Date Report consented to and acknowledged by the Calculation Agent in writing shall constitute authorization for the Administrative Agent to provide instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Carlyle Secured Lending III)
Servicing Report. (i) Within five (5) Business Days after the end of i. On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Calculation Agent and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer“Servicing Report”), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled and unscheduled repayments with respect to any Loan Eligible Portfolio Assets during of the related calendar month and Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event has occurred and is continuing.
ii. Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent and the Account Bank a report (the “Proposed Payment Date Report”) that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by Payment Date (B) the identification of any Excluded Amounts, (C) whether a Responsible Officer Notice of Exclusive Control has been delivered and (D) the Servicer and amount of any distributions to be made to the Borrower or Fund under Section 2.08(a)(i)(e), Sections 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a “Payment Date Report”). A Payment Date Report acknowledged by the Calculation Agent in writing shall constitute instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 1 contract
Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on On each Reporting Date, the Servicer Borrower will provide to the BorrowerAdministrative Agent, the Administrative Agent Facility Servicer and the Collateral Agent, Account Bank a monthly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Reporting Date that will be required to and substantially in the form of Exhibit F (such monthly statement, together with the amounts set forth in clauses (xC) updated on through (D) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer“Servicing Report”), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset entered into since the Closing Date for the initial Servicing Report or the Reporting Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all only to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the ServicerBorrower), (C) the Outstanding Principal Balance of all scheduled and unscheduled repayments with respect to any Loan Eligible Portfolio Assets during as of the related calendar month Reporting Date, and (D) whether a Market Trigger Event has occurred and is continuing.
(ii) On each Reporting Date, the Borrower will provide to the Administrative Agent a report (the “Proposed Payment Date Report”) that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08, besides those which are calculated by the Administrative Agent or Facility Servicer, to the applicable parties on the Payment Date following such Reporting Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by Payment Date, (B) the identification of any Excluded Amounts, and (C) whether a Responsible Officer Notice of the Exclusive Control has been delivered. The Facility Servicer and shall promptly (and, in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the Borrower (such Proposed Payment Date Report as consented to or changed by the Facility Servicer, and substantially as acknowledged by the Facility Servicer in the form of Exhibit J.writing, a “Payment Date Report”).
Appears in 1 contract
Samples: Loan and Servicing Agreement (Stepstone Private Credit Fund LLC)
Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Calculation Agent and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer“Servicing Report”), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled Eligible Portfolio Assets of the Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and unscheduled repayments Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event or Rating Event has occurred and is continuing.
(ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, or, in the case of an Inter-Period Payment Date, on such Determination Date, the Portfolio Asset Servicer will provide to the Borrower, the Calculation Agent, the Administrative Agent and the Account Bank (and, if KBRA is providing a rating with respect to any Loan Assets during the related calendar month and Borrower, KBRA) a report (Dthe “Proposed Payment Date Report”) that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.Payment Date
Appears in 1 contract
Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.)
Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent Agent, each Lender and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x Mxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and and
(ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set forth (x) updated on a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer, (y) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver or other modification is a Material Modification and (z) the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid by the Servicer, (C) all scheduled and unscheduled repayments with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.
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Servicing Report. (i) Within five (5) Business Days after the end of On each calendar monthReporting Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent Agent, the Calculation Agent, the Collateral Custodian and the Collateral Agent Account Bank a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly quarterly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Portfolio Asset for such Obligor prepared as of the most recent Determination Date that will be required to and substantially in the form of Exhibit G (such quarterly statement, together with the amounts set forth in clauses (xC) updated on through (F) below, collectively, a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer"Servicing Report"), (yB) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendmentto a Portfolio Asset or the Underlying Loan Obligations relating to a Portfolio Asset of the Borrower entered into since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases (for this clause (B), restatement, supplement, waiver or other modification is a Material Modification and (z) all to the Fair Market Value and/or (if applicable) the purchase price of each such Loan Asset paid extent received by the Portfolio Asset Servicer), (C) the Outstanding Principal Balance of all scheduled Eligible Portfolio Assets of the Borrower as of the Determination Date for such Reporting Date, (D) the identification of any Principal Collections, Current Income Collections and unscheduled repayments Excluded Amounts, received since the Closing Date for the initial Servicing Report or the Determination Date for the last Servicing Report in all other cases and (E) whether a Market Trigger Event or Rating Event has occurred and is continuing.
(ii) Five (5) Business Days (or, if there are less than ten (10) Business Days between the 1st and 15th calendar day of the month in which such Proposed Payment Date Report is delivered, four (4) Business Days) after each Determination Date immediately preceding a Payment Date, or, in the case of an Inter-Period Payment Date, on such Determination Date, the Portfolio Asset Servicer will provide to the Borrower, the Administrative Agent, the Collateral Custodian and the Account Bank (and, if KBRA is providing a rating with respect to any Loan Assets during the related calendar month and Borrower, to KBRA) a report (Dthe "Proposed Payment Date Report") that includes (A) the amounts to be remitted pursuant to Section 2.04 2.08 to the applicable parties on such Payment Date (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer Payment Date (B) the identification of any Excluded Amounts, and (C) the Servicer and amount of any distributions to be made to the Borrower or Fund under Section 2.08(a)(i)(e), Section 2.08(a)(ii)(d) or Section 2.08(a)(iii)(g). The Calculation Agent shall promptly (and substantially in any event, not later than two (2) Business Days after receiving a Proposed Payment Date Report) either consent to such Proposed Payment Date Report or incorporate changes thereto after consultation with the form of Exhibit J.Portfolio Asset Servicer (such Proposed Payment Date Report as consented to or changed by the Calculation Agent, and as acknowledged by the Calculation Agent in writing, a "Payment Date Report"). Any such Payment Date Report consented to and acknowledged by the Calculation Agent in writing shall constitute authorization for the Administrative Agent to provide instructions to the Account Bank to make disbursements in accordance with such Payment Date Report pursuant to Section 2.08.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Carlyle Secured Lending III)
Servicing Report. (i) Within five On each Reporting Date (5) Business Days after other than any Reporting Date that includes a Payment Date in the end of each calendar same month), the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting DateLender Agent, the Servicer will provide to the Borrower135 DMSLIBRARY01\32370595.v1 Administrative Agent, the Administrative Agent and the Collateral Agent, the Account Bank, the Backup Servicer, the Collateral Administrator and any Liquidity Bank, a monthly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, and (B) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set setting forth (x) updated on a quarterly basiscalculations of the Charge-Off Ratio and the Delinquency Ratio as of such Reporting Date, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer, and (y) whether or not each such Loan Asset shall have become subject to a material an amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver or other modification is a Material Modification Modification, signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit K (zsuch monthly statement, a “Servicing Report”).
(ii) On each Payment Date, the Servicer will provide to the Borrower, each Lender Agent, the Administrative Agent, the Collateral Agent, the Account Bank, the Backup Servicer, the Collateral Administrator and any Liquidity Bank, a Servicing Report containing all of the information required to be included in a Servicing Report under clause (i) above, and, in addition, the Servicer will include in such Servicing Report (A) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date setting forth calculations of the Financial Covenants as of the Reporting Date immediately preceding such Payment Date, (B) the Fair Market Value and/or (if applicable) updated valuations received pursuant to the purchase price of each such Loan Asset paid by Scheduled Valuation Process since the Servicerimmediately prior Payment Date, and (C) all scheduled and unscheduled repayments with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially in the form of Exhibit J.such Payment Date.
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Servicing Report. (i) Within five (5) Business Days after the end of each calendar month, the Servicer will provide to the Borrower, the Administrative Agent Agent, each Lender and the Collateral Agent a monthly statement including the following information, as of the last Business Day of the preceding calendar month, (A) the current list of Obligors and the Outstanding Balance of each Loan Asset with respect to each such Obligor, (B) the current rating(s) of the Loan Assets by Xxxxx’x or S&P, or both, if applicable, (C) a list of all Defaulted Loan Assets, (D) an accounting of collections with respect to the Loan Assets and the cash balance on deposit in the Collection Account, (E) the aggregate Outstanding Balance of all Loan Assets as of such day, (F) the Advances Outstanding as of such day and (G) the difference between the aggregate Outstanding Balance and the Advances Outstanding as of such day and (ii) on each Reporting Date, the Servicer will provide to the Borrower, the Administrative Agent and the Collateral Agent, a monthly statement including (A) a Borrowing Base Certificate calculated as of the most recent Determination Date, (B) a summary prepared with respect to each Obligor and with respect to each Loan Asset for such Obligor prepared as of the most recent Determination Date that will be required to set forth (x) updated on a quarterly basis, covenant compliance for each such Loan Asset for the most recently ended relevant test period for such Loan Asset in the related Loan Agreement based on information received by the Servicer, (y) whether or not each such Loan Asset shall have become subject to a material amendment, restatement, supplement, waiver or other modification and whether such amendment, restatement, supplement, waiver year) and within 90 days (or other modification is a Material Modification and (zsuch longer period as specified in the Loan Agreement) after the Fair Market Value and/or (if applicable) the purchase price end of each such Loan Asset paid Obligor’s fiscal year. The Servicer will promptly deliver to the Administrative Agent, upon reasonable request and to the extent received by the Borrower and/or the Servicer, (C) all scheduled other documents and unscheduled repayments information required to be delivered by the Obligors to the Borrower with respect to any Loan Assets during the related calendar month and (D) amounts to be remitted pursuant to Section 2.04 to the applicable parties (which shall include any applicable wiring instructions of the parties receiving payment) (such monthly statement set forth in this clause (ii), a “Servicing Report”), with respect to the related calendar month signed by a Responsible Officer of the Servicer and the Borrower and substantially Asset included in the form of Exhibit J.Collateral Portfolio.
Appears in 1 contract
Samples: Amendment No. 8 (Ares Capital Corp)