Up to U.S. $200,000,000 LOAN AND SERVICING AGREEMENT Dated as of April 19, 2024 among DIAMETER CREDIT COMPANY HOLDINGS II LLC, as the Borrower DIAMETER CREDIT COMPANY, as the Transferor DIAMETER CREDIT COMPANY, as the Servicer MORGAN STANLEY SENIOR...Loan and Servicing Agreement • April 25th, 2024 • Diameter Credit Co • New York
WHEREAS, the Borrower has requested that the Lenders make available to the Borrower a revolving loan facility in the maximum principal amount of up to the Facility Amount (as defined below), the proceeds of which shall be used by the Borrower to fund the purchase of certain Eligible Loan Assets (as defined below);
CREDIT AND SECURITY AGREEMENT Dated as of January 10, 2024 among DIAMETER CREDIT COMPANY HOLDINGS LLC, as Borrower, DIAMETER CREDIT COMPANY, as Equityholder, DIAMETER CREDIT COMPANY, as Collateral Manager, THE LENDERS FROM TIME TO TIME PARTIES HERETO,...Credit and Security Agreement • February 7th, 2024 • Diameter Credit Co • New York
CREDIT AND SECURITY AGREEMENT, dated as of January 10, 2024, by and among DIAMETER CREDIT COMPANY HOLDINGS LLC, a Delaware limited liability company, as Borrower (the “Borrower”), DIAMETER CREDIT COMPANY, a Delaware statutory trust, as Equityholder (in such capacity, the “Equityholder”), DIAMETER CREDIT COMPANY, a Delaware statutory trust, as Collateral Manager (in such capacity, the “Collateral Manager”), the LENDERS from time to time party hereto, CITIBANK, N.A. (“Citibank”), as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, the “Administrative Agent”), CITIBANK, N.A. (acting through its Agency & Trust division) (the “Bank”), as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”) and as collateral custodian for the Secured Parties (in such capacity, the “Custodian”) and SIEPE, LLC, as collateral administrator (in such capacity, the “Collateral Administrator”).
DIAMETER CREDIT COMPANY SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUSTAgreement and Declaration • February 7th, 2024 • Diameter Credit Co
This SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of this 6th day of February, 2024, by the Trustees hereunder.
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • February 7th, 2024 • Diameter Credit Co • New York
This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of December 16, 2023 (the “Effective Date”), by and between Diameter Capital Partners LP, a Delaware limited partnership (“Licensor”), and Diameter Credit Company, a Delaware statutory trust, and any wholly-owned subsidiary thereof (“Licensee”) (each a “party,” and collectively, the “parties”).
DIAMETER CREDIT COMPANY AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUSTAgreement and Declaration of Trust • December 15th, 2023 • Diameter Credit Co
This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of this 12th day of December 2023, by the Trustees hereunder.
ARTICLE II Amendment to the Credit AgreementCredit and Security Agreement • May 29th, 2024 • Diameter Credit Co • New York
CREDIT AND SECURITY AGREEMENT, dated as of January 10, 2024, by and among DIAMETER CREDIT COMPANY HOLDINGS LLC, a Delaware limited liability company, as Borrower (the “ Borrower”), DIAMETER CREDIT COMPANY, a Delaware statutory trust, as Equityholder (in such capacity, the “Equityholder”), DIAMETER CREDIT COMPANY, a Delaware statutory trust, as Collateral Manager (in such capacity, the “Collateral Manager”), the LENDERS from time to time party hereto, CITIBANK, N.A. (“Citibank”), as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, the “Administrative Agent”), CITIBANK, N.A. (acting through its Agency & Trust division) (the “Bank”), as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”) and as collateral custodian for the Secured Parties (in such capacity, the “Custodian”) and SIEPE, LLC, as collateral administrator (in such capacity, the “Collateral Administrator”).
GLOBAL CUSTODIAL SERVICES AGREEMENT DIAMETER CREDIT COMPANYCustodial Services Agreement • February 7th, 2024 • Diameter Credit Co • New York
THIS GLOBAL CUSTODIAL SERVICES AGREEMENT is made on January 2, 2024, individually, by and between Diameter Credit Company, located at 55 Hudson Yards, Suite 29B, New York, NY 10001 (the “Client”), and Citibank, N.A. acting through its offices in New York (the “Custodian”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • December 15th, 2023 • Diameter Credit Co • New York
This Investment Advisory Agreement, dated and effective as of December 12, 2023, is made by and between Diameter Credit Company, a Delaware statutory trust (herein referred to as the “Fund”) and Diameter Principal Finance LLC, a Delaware limited liability company (herein referred to as the “Adviser”) (this “Agreement”).
FIRST Amendment TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • September 16th, 2024 • Diameter Credit Co • New York
EXHIBIT A - Form of Approval Notice EXHIBIT B - Form of Borrowing Base Certificate EXHIBIT C - Form of Disbursement Request EXHIBIT D - Form of Notice of Borrowing EXHIBIT E - Form of Notice of Reduction (Reduction of Advances Outstanding) EXHIBIT F - Form of Notice of Termination/Permanent Reduction EXHIBIT G - Form of Certificate of Closing Attorneys EXHIBIT H - Form of Servicing Report EXHIBIT I - Form of Servicer's Certificate (Servicing Report) EXHIBIT J - Form of Release of Required Loan Documents EXHIBIT K - Form of Assignment and Acceptance EXHIBIT L - Forms of U.S. Tax Compliance Certificates EXHIBIT M - Form of Joinder Supplement Exhibit N - Form of Power of Attorney for Servicer Exhibit O - Form of Power of Attorney for Borrower
ADMINISTRATION AGREEMENT BETWEEN DIAMETER CREDIT COMPANY AND DIAMETER FINANCE ADMINSTRATION LLCAdministration Agreement • December 15th, 2023 • Diameter Credit Co • New York
This Agreement (“Agreement”) is made as of December 12, 2023 by and between Diameter Credit Company, a Delaware statutory trust (the “Fund”), and Diameter Finance Administration LLC, a Delaware limited liability company (the “Administrator”).
EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENTExpense Support and Conditional Reimbursement Agreement • December 15th, 2023 • Diameter Credit Co
This Expense Support and Conditional Reimbursement Agreement (the “Agreement”) is made this 12th day of December, 2023, by and between DIAMETER CREDIT COMPANY, a Delaware statutory trust (the “Fund”), and DIAMETER PRINCIPAL FINANCE LLC, a Delaware limited liability company (the “Adviser”).
