Common use of Trade Closing and Settlement Process Clause in Contracts

Trade Closing and Settlement Process. (a) Unless otherwise agreed to in writing by the Administrative Agent, all Trades relating to Bank Loans shall be settled on: (i) if a shift date has not occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA par documentation; and (ii) if a shift date has occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA distressed documentation. (b) Unless otherwise agreed to in writing by the Administrative Agent, the Borrower shall not make any step-up representations in connection with the settlement of the sale of any Bank Loan. (c) Cash in the amount specified in the Assignment Documentation may not be paid by the Borrower in connection with its purchase of a Fund Investment (other than a Bank Loan) unless at such time the Administrative Agent shall have received evidence satisfactory to it that all such Assignment Documentation has been executed and delivered to the Borrower and the Custodian. (d) If a Bank Loan is traded as a distressed loan, then, prior to closing any such Trade, the Administrative Agent shall have completed an independent verification of the Assignment Documentation with the Agent for the relevant Bank Loan. (e) If the Agent of a proposed Bank Loan is not an Approved Bank, then, prior to closing the related Trade, the Administrative Agent shall have completed its “know your customer” and similar counterparty due diligence with respect to such Agent. (f) Unless the seller of a Bank Loan is an Approved Selling Institution, the Borrower shall not deliver Cash to such seller until the Assignment Documentation is fully executed and delivered to the Borrower and the Custodian. (g) The Borrower shall not, absent notice to and prior written consent of the Administrative Agent, execute any “big boy” letters in connection with any purchase or sale of any Fund Investments.

Trade Closing and Settlement Process. (a) Unless otherwise agreed to in writing by the Administrative Agent, all Trades relating to Bank Loans shall be settled on: (i) if a shift date has not occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA or Loan Market Association par documentation; and (ii) if a shift date has occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA or Loan Market Association distressed documentation. (b) Unless otherwise agreed to in writing by the Administrative Agent, the Borrower shall not make any step-up representations in connection with the settlement of the sale of any Bank Loan. (c) Cash in the amount specified in the Assignment Documentation may not be paid by the Borrower in connection with its purchase of a Fund Investment (other than a Bank Loan) unless at such time the Administrative Agent shall have received evidence satisfactory to it that all such Assignment Documentation has been executed and delivered to the Borrower and the Custodian. (d) If a Bank Loan is traded as a distressed loan, then, prior to closing any such Trade, the Administrative Agent shall have completed an independent verification of the Assignment Documentation with the Agent for the relevant Bank Loan. (e) If the Agent of a proposed Bank Loan is not an Approved Bank, then, prior to closing the related Trade, the Administrative Agent shall have completed its “know your customer” and similar counterparty due diligence with respect to such Agent. (f) Unless the seller of a Bank Loan is an Approved Selling Institution, the Borrower shall not deliver Cash to such seller until the Assignment Documentation is fully executed and delivered to the Borrower and the Custodian. (g) The Borrower shall not, absent notice to and prior written consent of the Administrative Agent, execute any “big boy” letters in connection with any purchase or sale of any Fund Investments.. This Borrowing Request is delivered pursuant to the Credit Agreement dated as of October 30, 2014 (as amended, the “Credit Agreement”) between ACAS Funding II, LLC, as borrower, and Deutsche Bank AG, New York Branch, as administrative agent and a lender. Terms used herein and not defined have the meanings assigned to them in the Credit Agreement. Pursuant to Section 4.02(b) of the Credit Agreement, the Borrower hereby irrevocably commits to a Borrowing from the Lenders on the following terms:

Trade Closing and Settlement Process. (a) Unless otherwise agreed to in writing by the Administrative AgentLender, all Trades relating to Bank Loans shall be settled on: (i) if a shift date has not occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA par documentation; and (ii) if a shift date has occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA distressed documentation. (b) Unless otherwise agreed to in writing by the Administrative AgentLender, the Borrower shall not make any step-up representations in connection with the settlement of the sale of any Bank Loan. (c) Cash in the amount specified in the Assignment Documentation may not be paid by the Borrower in connection with its purchase of a Fund Investment (other than a Bank Loan) unless at such time the Administrative Agent Lender shall have received evidence satisfactory to it that all such Assignment Documentation has been executed and delivered to the Borrower and the Custodian. (d) If a Bank Loan is traded as a distressed loan, then, prior to closing any such Trade, the Administrative Agent Lender shall have completed an independent verification of the Assignment Documentation with the Agent for the relevant Bank Loan. (e) If the Agent of a proposed Bank Loan is not an Approved Bank, then, prior to closing the related Trade, the Administrative Agent Lender shall have completed its “know your customer” and similar counterparty due diligence with respect to such Agent. (f) Unless the seller of a Bank Loan is an Approved Selling Institution, the Borrower shall not deliver Cash to such seller until the Assignment Documentation is fully executed and delivered to the Borrower and the Custodian. (g) The Borrower shall not, absent notice to and prior written consent of the Administrative AgentLender, execute any “big boy” letters in connection with any purchase or sale of any Fund Investments.

Trade Closing and Settlement Process. (a) Unless otherwise agreed to in writing by the Administrative Agent, all Trades relating to Bank Loans shall be settled on: (i) if a shift date has not occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA par documentation; and (ii) if a shift date has occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA distressed documentation. (b) Unless otherwise agreed to in writing by the Administrative Agent, the Borrower shall not make any step-up representations in connection with the settlement of the sale of any Bank Loan. (c) Cash in the amount specified in the Assignment Documentation may not be paid by the Borrower in connection with its purchase of a Fund Investment (other than a Bank Loan) unless at such time the Administrative Agent shall have received evidence reasonably satisfactory to it that all such Assignment Documentation has been executed and delivered to the Borrower and the Custodian. (d) If a Bank Loan is traded as a distressed loan, then, prior to closing any such Trade, the Administrative Agent shall have completed an independent verification of the Assignment Documentation with the Agent for the relevant Bank Loan. (e) If the Agent of a proposed Bank Loan is not an Approved Bank, then, prior to closing the related Trade, the Administrative Agent shall have completed its “know your customer” and similar counterparty due diligence with respect to such Agent. (f) Unless the seller of a Bank Loan is an Approved Selling Institution, the Borrower shall not deliver Cash to such seller until the Assignment Documentation is fully executed and delivered to the Borrower and the Custodian. (g) The Borrower shall not, absent notice to and prior written consent of the Administrative Agent, execute any “big boy” letters in connection with any purchase or sale of any Fund Investments.. This Borrowing Request is delivered pursuant to the Credit Agreement dated as of August 22, 2011 (as amended, the “Credit Agreement”) between CCT Funding LLC, as borrower, and Deutsche Bank AG, New York Branch, as lender. Terms used herein and not defined have the meanings assigned to them in the Credit Agreement. Pursuant to Section 4.02(b) of the Credit Agreement, the Borrower hereby irrevocably commits to a Borrowing from the Lender on the following terms:

Trade Closing and Settlement Process. (a) Unless otherwise agreed to in writing by the Administrative Agent, all Trades relating to Bank Loans shall be settled on: (i) if a shift date has not occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA par documentation; and (ii) if a shift date has occurred with respect to a Bank Loan (as evidenced by a poll published by LSTA or otherwise), LSTA distressed documentation. (b) Unless otherwise agreed to in writing by the Administrative Agent, the Borrower shall not make any step-up representations in connection with the settlement of the sale of any Bank Loan. (c) Cash in the amount specified in the Assignment Documentation may not be paid by the Borrower in connection with its purchase of a Fund Investment (other than a Bank Loan) unless at such time the Administrative Agent shall have received evidence reasonably satisfactory to it that all such Assignment Documentation has been executed and delivered to the Borrower and the Custodian. (d) If a Bank Loan is traded as a distressed loan, then, prior to closing any such Trade, the Administrative Agent shall have completed an independent verification of the Assignment Documentation with the Agent for the relevant Bank Loan. (e) If the Agent of a proposed Bank Loan is not an Approved Bank, then, prior to closing the related Trade, the Administrative Agent shall have completed its “know your customer” and similar counterparty due diligence with respect to such Agent. (f) Unless the seller of a Bank Loan is an Approved Selling Institution, the Borrower shall not deliver Cash to such seller until the Assignment Documentation is fully executed and delivered to the Borrower and the Custodian. (g) The Borrower shall not, absent notice to and prior written consent of the Administrative Agent, execute any “big boy” letters in connection with any purchase or sale of any Fund Investments.