Common Contracts

65 similar Loan and Servicing Agreement contracts by Oaktree Strategic Credit Fund, GOLUB CAPITAL BDC, Inc., Franklin BSP Capital Corp, others

Up to $1,500,000,000 LOAN AND SERVICING AGREEMENT Dated as of October 3, 2024 Among ONEX DIRECT LENDING BDC SPV, LLC, as the Borrower ONEX DIRECT LENDING BDC FUND, as the Transferor ONEX DIRECT LENDING BDC FUND, as the Servicer SUMITOMO MITSUI BANKING...
Loan and Servicing Agreement • October 9th, 2024 • Onex Direct Lending BDC Fund

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or acquire, on a “true contribution” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Contribution Agreement between the Borrower and the Transferor or (ii) other third parties, in each case, in accordance with the terms hereof. Accordingly, the parties agree as follows:

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FIRST Amendment TO LOAN AND SERVICING AGREEMENT
Loan 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

ARTICLE II Amendments to Loan and Servicing Agreement
Loan and Servicing Agreement • August 14th, 2024 • First Eagle Private Credit Fund • New York

SCHEDULE V - Diversity Score Calculation SCHEDULE VI - Industry Classification SCHEDULE VII - Approved Valuation Agents

SECOND AMENDMENT TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • August 13th, 2024 • Oaktree Strategic Credit Fund • New York

Agent (together with its successors and assigns in such capacity, the “Administrative Agent”) and the Collateral Agent (together with its successors and assigns, the “Collateral Agent”);

FIRST AMENDMENT TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • July 26th, 2024 • Oaktree Strategic Credit Fund • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or the acquisition, on a “true sale” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Sale Agreement between the Borrower and the Transferor or (ii) other affiliates or third parties, in each case, in accordance with the terms hereof. Accordingly, the parties agree as follows:

AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of May 28, 2024, among Twin Brook Capital Funding XXXIII MSPV, LLC, a Delaware limited liability company, as borrower (the “Borrower”), AGTB Fund Manager, LLC, a Delaware...
Loan and Servicing Agreement • June 3rd, 2024 • AG Twin Brook Capital Income Fund • New York

WHEREAS, the Borrower, the Servicer, the Administrative Agent, the Lenders, the Collateral Agent, the Account Bank and the Collateral Custodian are party to that certain Loan and Servicing Agreement, dated as of June 17, 2022 (as the same may be amended, modified or supplemented prior to the Amendment Effective Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, Twin Brook Capital Funding XXXIII, LLC, a Delaware limited liability company, as the transferor, the Servicer, each of the lenders from time to time party thereto (the “Lenders”), the Administrative Agent, the Collateral Agent, the Account Bank and the Collateral Custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and

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);

Up to U.S. $300,000,000 LOAN AND SERVICING AGREEMENT Dated as of February 22, 2024 among OVERLAND FINANCING MS, LLC, as the Borrower OVERLAND ADVANTAGE, as the Transferor OVERLAND ADVANTAGE, as the Servicer MORGAN STANLEY SENIOR FUNDING, INC., as the...
Loan and Servicing Agreement • April 19th, 2024 • Overland Advantage • 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);

Up to U.S. $200,000,000 LOAN AND SERVICING AGREEMENT Dated as of February 23, 2024 among OSCF LENDING II SPV, LLC, as the Borrower OAKTREE STRATEGIC CREDIT FUND, as the Transferor OAKTREE STRATEGIC CREDIT FUND, as the Servicer MORGAN STANLEY ASSET...
Loan and Servicing Agreement • February 28th, 2024 • Oaktree Strategic Credit Fund • 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);

FIRST AMENDMENT TO LOAN AND SERVICING AGREEMENT
Loan and Servicing Agreement • February 13th, 2024 • Oaktree Strategic Credit Fund • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or the purchase, on a “true sale” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Sale Agreement between the Borrower and the Transferor or (ii) other third parties, in each case, in accordance with the terms hereof. Accordingly, the parties agree as follows:

LOAN AND SERVICING AGREEMENT among OSCF LENDING V SPV, LLC, as the Borrower
Loan and Servicing Agreement • November 27th, 2023 • Oaktree Strategic Credit Fund

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or the acquisition, on a “true sale” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Sale Agreement between the Borrower and the Transferor or (ii) other affiliates or third parties, in each case, in accordance with the terms hereof. Accordingly, the parties agree as follows:

Up to $150,000,000 LOAN AND SERVICING AGREEMENT among OSCF LENDING III SPV, LLC, as the Borrower
Loan and Servicing Agreement • October 5th, 2023 • Oaktree Strategic Credit Fund

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or the purchase, on a “true sale” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Sale Agreement between the Borrower and the Transferor or (ii) other third parties, in each case, in accordance with the terms hereof. Accordingly, the parties agree as follows:

Up to U.S. $350,000,000 LOAN AND SERVICING AGREEMENT Dated as of September 22, 2023 among FIRST EAGLE PRIVATE CREDIT FUND SPV, LLC, as the Borrower FIRST EAGLE PRIVATE CREDIT FUND, as the Transferor FEPC FUND SERVICER LLC, as the Servicer MORGAN...
Loan and Servicing Agreement • September 28th, 2023 • First Eagle Private Credit Fund • 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);

LOAN AND SERVICING AGREEMENT among SUNS SPV LLC, as the Borrower, SLR INVESTMENT CORP., as the Servicer and the Transferor, Each of the Conduit Lenders from time to time party hereto, Each of the Liquidity Banks from time to time party hereto, Each of...
Loan and Servicing Agreement • August 30th, 2023 • SLR Investment Corp.

LOAN AND SERVICING AGREEMENT, dated as of August 26, 2011 (as amended through the Eleventh Amendment, dated as of August 29, 2023), by and among:

ARTICLE II Amendments to Loan and Servicing Agreement
Loan and Servicing Agreement • July 3rd, 2023 • FS KKR Capital Corp • New York

THIS LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of November 22, 2019, among:

Contract
Loan and Servicing Agreement • April 24th, 2023 • North Haven Private Income Fund LLC • New York

FIRST AMENDMENT TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of April 20, 2023 (the “Amendment Effective Date”), is entered into by and among PIF Financing SPV LLC, as the borrower (together with its successors and assigns in such capacity, the “Borrower”), North Haven Private Income Fund LLC, as the servicer (together with its successors and assigns in such capacity, the “Servicer”), North Haven Private Income Fund LLC, as the equityholder (the “Equityholder”), each of the conduit lenders party hereto (together with its respective successors and assigns in such capacity, each a “Conduit Lender”, and collectively, the “Conduit Lenders”), each of the institutional lenders party hereto (together with its respective successors and assigns in such capacity, each an “Institutional Lender”, and collectively, the “Institutional Lenders”), each of the lender agents party hereto (together with its respective successors and assigns in capacity, each a “Lender Agent” and collectiv

EIGHTH AMENDMENT TO LOAN AND SERVICING AGREEMENT (CCT Tokyo Funding LLC)
Loan and Servicing Agreement • November 17th, 2022 • FS KKR Capital Corp • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used (a) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor, (b) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets, approved by the Administrative Agent, from Persons that are not Affiliates of the Borrower, the Servicer or the Transferor, (c) to fund the Unfunded Exposure Account and (d) to distribute such proceeds to the Borrower’s parent. Further, the Lenders, in entering into this transaction, are relying on the separateness of the Borrower from the Parent as an important structural element of this transacti

AMENDMENT NO. 1 TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of October 28, 2022 (the “Amendment Date”), among Twin Brook Capital Funding XXXIII MSPV, LLC, a Delaware limited liability company, as borrower (the “Borrower”), AGTB Fund...
Loan and Servicing Agreement • November 1st, 2022 • AGTB Private BDC • New York

WHEREAS, the Borrower, the Servicer, the Administrative Agent and the Lenders are party to that certain Loan and Servicing Agreement, dated as of June 17, 2022 (as the same may be amended, modified or supplemented prior to the Amendment Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, Twin Brook Capital Funding XXXIII, LLC, a Delaware limited liability company, as the transferor, the Servicer, each of the lenders from time to time party thereto (the “Lenders”), the Administrative Agent, the Collateral Agent, the Account Bank and the Collateral Custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and

LOAN AND SERVICING AGREEMENT by and among NORTH HAVEN PRIVATE INCOME FUND LLC, as the Servicer PIF FINANCING SPV LLC, as the Borrower NORTH HAVEN PRIVATE INCOME FUND LLC, as the Equityholder EACH OF THE CONDUIT LENDERS AND INSTITUTIONAL LENDERS FROM...
Loan and Servicing Agreement • August 10th, 2022 • North Haven Private Income Fund LLC • New York

THIS LOAN AND SERVICING AGREEMENT (as amended, modified, waived, supplemented, restated or replaced from time to time, this “Agreement”) is made as of June 29, 2022 by and among:

Up to U.S. $300,000,000 LOAN AND SERVICING AGREEMENT Dated as of June 17, 2022 among TWIN BROOK CAPITAL FUNDING XXXIII MSPV, LLC, as the Borrower TWIN BROOK CAPITAL FUNDING XXXIII, LLC, as the Transferor AGTB FUND MANAGER, LLC, as the Servicer MORGAN...
Loan and Servicing Agreement • June 24th, 2022 • AGTB Private BDC • 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);

LOAN AND SERVICING AGREEMENT among SUNS SPV LLC, as the Borrower, SLR SENIOR INVESTMENT CORP. (F/K/A SOLAR SENIOR CAPITAL LTD.), as the Servicer and the Transferor, Each of the Conduit Lenders from time to time party hereto, Each of the Liquidity...
Loan and Servicing Agreement • May 3rd, 2022 • SLR Investment Corp.

LOAN AND SERVICING AGREEMENT, dated as of August 26, 2011 (as amended through the Tenth Amendment, dated as of December 29, 2021), by and among:

SECOND AMENDMENT TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of December 15, 2021 (the “Amendment Date”), among FBCC Lending I, LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the...
Loan and Servicing Agreement • March 17th, 2022 • Franklin BSP Capital Corp • New York

WHEREAS, the Borrower, the Required Lender, the Administrative Agent, and the Servicer are party to that certain Loan and Servicing Agreement, dated as of March 15, 2021 (as the same may be amended, modified or supplemented prior to the Amendment Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, the Servicer, Franklin BSP Capital Corporation, as the transferor, each of the lenders from time to time party thereto (the “Lenders”), the Administrative Agent and U.S. Bank National Association, as the collateral agent, the account bank and the collateral custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and

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THIRD AMENDMENT TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of January 31, 2022 (the “Amendment Date”), among FBCC Lending I, LLC, a Delaware limited liability company (together with its successors and assigns in such capacity, the...
Loan and Servicing Agreement • March 17th, 2022 • Franklin BSP Capital Corp • New York

WHEREAS, the Borrower, the Lenders, the Administrative Agent, and the Servicer are party to that certain Loan and Servicing Agreement, dated as of March 15, 2021 (as the same may be amended, modified or supplemented prior to the Amendment Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, the Servicer, Franklin BSP Capital Corporation, as the transferor, each of the lenders from time to time party thereto (the “Lenders”), the Administrative Agent and U.S. Bank National Association, as the collateral agent, the account bank and the collateral custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and

Up to U.S. $600,000,000 LOAN AND SERVICING AGREEMENT Dated as of February 3, 2022 among HLEND HOLDINGS A, L.P., as the Borrower HPS CORPORATE LENDING FUND, as the Transferor HPS CORPORATE LENDING FUND, as the Servicer MORGAN STANLEY SENIOR FUNDING,...
Loan and Servicing Agreement • February 4th, 2022 • HPS Corporate Lending Fund • 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);

Up to U.S. $500,000,000 LOAN AND SERVICING AGREEMENT Dated as of January 7, 2022 among MALLARD FUNDING LLC, as the Borrower APOLLO DEBT SOLUTIONS BDC, as the Transferor and the Servicer MORGAN STANLEY SENIOR FUNDING, INC., as the Administrative Agent...
Loan and Servicing Agreement • January 11th, 2022 • Apollo Debt Solutions BDC • 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);

Up to U.S. $100,000,000 LOAN AND SERVICING AGREEMENT Dated as of March 15, 2021 among FBCC Lending I, LLC, as the Borrower FRANKLIN BSP CAPITAL CORPORATION, as the Transferor FRANKLIN BSP CAPITAL ADVISER L.L.C., as the Servicer MORGAN STANLEY ASSET...
Loan and Servicing Agreement • March 17th, 2021 • Franklin BSP Capital Corp • 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);

SECOND AMENDMENT TO Loan and Servicing Agreement (this “Amendment”), dated as of February 4, 2021 (the “Amendment Date”), among TCPC Funding II, LLC, as borrower (the “Borrower”), Special Value Continuation Partners LLC, as servicer (the “Servicer”),...
Loan and Servicing Agreement • February 25th, 2021 • BlackRock TCP Capital Corp. • New York

WHEREAS, the Borrower, the Servicer, the Administrative Agent and the Lenders are party to that certain Loan and Servicing Agreement, dated as of August 4, 2020 (as the same may be amended, modified or supplemented prior to the Amendment Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, Special Value Continuation Partners LLC, as the transferor, the Servicer, each of the lenders from time to time party thereto, the Administrative Agent and Wells Fargo Bank, National Association, as the collateral agent, the account bank and the collateral custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and

SIXTH AMENDMENT TO Loan and Servicing Agreement (this “Amendment”), dated as of January 15, 2021 (the “Amendment Date”), among Golub Capital BDC Funding II LLC, as borrower (the “Borrower”), Golub Capital BDC, Inc., as servicer (in such capacity, the...
Loan and Servicing Agreement • February 8th, 2021 • GOLUB CAPITAL BDC, Inc. • 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);

Seventh AMENDMENT TO Loan and Servicing Agreement (this “Amendment”), dated as of January 29, 2021 (the “Amendment Date”), among Golub Capital BDC Funding II LLC, as borrower (the “Borrower”), Golub Capital BDC, Inc., as servicer (in such capacity,...
Loan and Servicing Agreement • February 3rd, 2021 • GOLUB CAPITAL BDC, Inc. • 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);

SIXTH AMENDMENT TO LOAN AND SERVICING AGREEMENT (CCT Tokyo Funding LLC)
Loan and Servicing Agreement • December 2nd, 2020 • FS KKR Capital Corp • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances from time to time in an aggregate principal amount not to exceed the Borrowing Base. The proceeds of the Advances will be used (a) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets from the Transferor, approved by the Administrative Agent, pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor, (b) to finance the Borrower’s purchase, on a “true sale” basis, of Eligible Loan Assets, approved by the Administrative Agent, from Persons that are not Affiliates of the Borrower, the Servicer or the Transferor, (c) to fund the Unfunded Exposure Account and (d) to distribute such proceeds to the Borrower’s parent. Further, the Lenders, in entering into this transaction, are relying on the separateness of the Borrower from the Parent as an important structural element of this transacti

FIFTH AMENDMENT TO Loan and Servicing Agreement (this “Amendment”), dated as of June 18, 2020 (the “Amendment Date”), among Golub Capital BDC Funding II LLC, as borrower (the “Borrower”), Golub Capital BDC, Inc., as servicer (in such capacity, the...
Loan and Servicing Agreement • June 19th, 2020 • GOLUB CAPITAL BDC, Inc. • 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);

FIFTEENTH AMENDMENT TO LOAN AND SERVICING AGREEMENT (Senior Loan Fund II LLC)
Loan and Servicing Agreement • May 11th, 2020 • GOLUB CAPITAL BDC, Inc. • New York

The Lenders have agreed, on the terms and conditions set forth herein, to provide a secured revolving credit facility which shall provide for Advances under the Variable Funding Note(s) from time to time in an aggregate principal amount not to exceed the Maximum Facility Amount. The proceeds of the Advances will be used to finance the Borrower’s origination of Eligible Loan Assets or purchase, on a “true sale” basis, of Eligible Loan Assets from (i) the Transferor pursuant to the Purchase and Sale Agreement between the Borrower and the Transferor or (ii) other third parties, in each case, with the prior written approval of the Administrative Agent. Accordingly, the parties agree as follows:

SEVENTH AMENDMENT TO LOAN AND SERVICING AGREEMENT (GCIC Senior Loan Fund II LLC)
Loan and Servicing Agreement • May 11th, 2020 • GOLUB CAPITAL BDC, Inc. • New York

EXHIBIT Q-3 Form of U.S. Tax Certificate (For Non-U.S. Participants that are not Partnerships for U.S. Federal Income Tax Purposes)

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