Agented Notes. One or more promissory notes issued by an Eligible Obligor wherein (a) the note(s) are originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) upon an assignment of the note to the Borrower under the Purchase Agreement and the grant of a security interest in such note under this Agreement, the original note will be endorsed either in blank or to the Deal Agent on behalf of the Secured Parties, and held by the Collateral Custodian on behalf of the Secured Parties, (c) the Borrower, as assignee of the note, will have all of the rights (but none of the obligations) of the Originator with respect to such note and the Related Property, including all rights, either directly or through the agent described in item (e), to receive and collect payments in its own name and to enforce its rights against the Obligor thereof, (d) the note is secured by an undivided interest in the Related Property that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority issued under the related loan agreements and (e) the Originator (or American Capital Financial Services, Inc., a wholly-owned Subsidiary of the Originator) is the agent for all holders of loans made to such Obligor under the related loan agreements; provided, that Agented Notes shall not include (1) the obligations, if any, of any agents under the Loan Documents evidencing such Agented Notes, and (2) the interests, rights and obligations under the Loan Documents evidencing such Agented Notes that are retained by the Originator or are owned or owed by other noteholders.
Agented Notes means, with respect to any Loan, one or more Underlying Notes of an Obligor wherein (a) the Underlying Note(s) are originated by the Originator in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction that has been fully consummated prior to such Underlying Notes becoming part of the Loan Pool, (b) upon the sale of the Underlying Notes under the Transfer and Servicing Agreements to the Issuer, such Underlying Notes will be endorsed to and held by the Indenture Trustee on behalf of the Securityholders and the Hedge Counterparties, (c) the Issuer, as assignee of the Underlying Notes, will have all of the rights (but none of the obligations) of the Originator with respect to such Underlying Notes and the Originator's right, title and interest in and to the Collateral, (d) the Underlying Notes are secured by an undivided interest in the Collateral that also secures and is shared by, on a pro rata basis, all other holders of such Obligor's notes of equal priority and (e) the Originator (or a wholly owned subsidiary of the Originator) is the collateral agent and payment agent for all noteholders of such Obligor.
Agented Notes. One or more promissory notes issued by an Eligible Obligor wherein (a) the note(s) are originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) upon an assignment of the note to the Borrower under the Purchase Agreement and the grant of a security interest in such note under this Agreement, the original note will be endorsed either in blank or to the Trustee on behalf of the Secured Parties, and held by the Trustee, on behalf of the Secured Parties, (c) the Borrower, as assignee of the note, will have all of the rights (but none of the obligations) of the Originator with respect to such note and the Related Property, including the right to receive and collect payments directly in its own name or through the agent described in item (e) and to enforce its rights against the Obligor thereof, (d) the note is secured by an undivided interest in the Related Property that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority and (e) the Originator is the agent for all noteholders of such Obligor; provided, however, Agented Notes shall not include (1) the obligations, if any, of any agents under the Loan Documents evidencing such Agented Notes, and (2) the interests, rights and obligations under the Loan Documents evidencing such Agented Notes that are retained by the Originator or are owned or owed by other noteholders.
Examples of Agented Notes in a sentence
Any senior or subordinate loan arising from the extension of credit to an Obligor in the ordinary course of the Originator's business including, without limitation, all Revolving Loans, PIK Loans and Agented Notes, and including monies due and owing and all Interest Collections, Principal Collections and other amounts received from time to time with respect to such loan or note receivable and all Proceeds thereof.
With respect to Agented Notes, the holders of the notes evidencing not less than 66?% of the outstanding amount of all such notes issued by the Obligor.
With respect to Agented Notes, the holders of the notes evidencing not less than 662/3% of the outstanding amount of all such notes issued by the Obligor.
Any senior or subordinate loan arising from the extension of credit to an Obligor in the ordinary course of the Originator’s business including, without limitation, all Revolving Loans, PIK Loans and Agented Notes, and including monies due and owing and all Interest Collections, Principal Collections and other amounts received from time to time with respect to such loan or note receivable and all Proceeds thereof.
The parties hereto each acknowledge, and the Noteholders are hereby deemed to acknowledge, that with respect to Agented Notes and Third Party Agented Loans, the Servicer possesses only such rights with respect to voting and the enforcement of rights and remedies with respect to the Loans and the related Collateral and under the Loan Documents as those which have been transferred to the Issuer with respect to the related Loan.
More Definitions of Agented Notes
Agented Notes means one or more promissory notes issued by an Eligible Obligor wherein (a) the Loan is originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) upon an assignment of the note to the Trust Depositor under the ACAS Transfer Agreement and in turn to the Issuer under this Agreement, the original note will be endorsed in blank, and held by the Indenture Trustee, on behalf of the Noteholders and the Swap Counterparties, or, in the case of a Noteless Loan, a copy of the related Loan Register shall have been provided to the Indenture Trustee, as applicable, (c) the Issuer, as assignee of related indebtedness, will have all of the rights (but none of the obligations) of the Originator with respect to such indebtedness and the Collateral, including the right, directly or through the administrative agent, to receive and collect payments in its own name and to enforce its rights against the Obligor thereof, (d) the indebtedness is secured by an undivided interest in the Collateral which also secures and is shared by, on a pro-rata basis, all other holders of such Obligor’s notes of equal priority, and (e) the Originator (or American Capital Financial Services) is the collateral agent for all loans made to such Obligor under the Designated Loan Agreement; provided, however, Agented Notes shall not include (1) the obligations, if any, of any agents under the Loan Documents evidencing such Agented Notes, and (2) the interests, rights and obligations under the Loan Documents evidencing such Agented Notes that are retained by the Originator or are owned or owed by other noteholders.
Agented Notes. With respect to any Loan, one or more promissory notes of an Eligible Obligor wherein (a) the note(s) are originated by the Originator in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction that has been fully consummated between the Originator and the related Obligor (without regard to any subsequent syndication of such Loan) prior to such Agented Notes becoming part of the Collateral hereunder, (b) upon an assignment of the note under the Sale Agreement to the Seller, such original note will be endorsed to the Administrative Agent and held by the Collateral Custodian, on behalf of the Secured Parties, (c) the Seller, as assignee of the note, will have all of the rights but none of the obligations of the Originator with respect to such note and the Originator’s right, title and interest in and to the Related Property including the right to receive and collect payments directly in its own name and to enforce its rights directly against the Obligor thereof, (d) the note, if secured, is secured by an undivided interest in the Related Property that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority and (e) CapitalSource Finance LLC or the Originator (or a wholly owned subsidiary of the Originator) is the collateral agent and payment agent for all noteholders of such Obligor.
Agented Notes. Any Loan (a) originated by the Originator as a part of a syndicated loan transaction that has been closed prior to such Loan becoming part of the Asset Pool, (b) with respect to which the Originator has been appointed agent under the underlying loan documents and in such capacity has the right to receive and collect payments on behalf of all holders of the Obligor’s underlying indebtedness at the direction of the requisite majority of the underlying lenders and (c) the Loan, if secured, is secured by an undivided interest in the Related Property (if any) that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s indebtedness of equal priority.
Agented Notes means one or more promissory notes issued by an Eligible Obligor wherein (a) the note(s) are originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) upon an assignment of the note to the Trust Depositor under the ACAS Transfer Agreement and in turn to the Issuer under this Agreement, the original note will be endorsed to the Indenture Trustee, and held by the Indenture Trustee, on behalf of the Noteholders and the Swap Counterparties, (c) the Issuer, as assignee of the note, will have all of the rights (but none of the obligations) of the Originator with respect to such note and the Collateral, including the right to receive and collect payments directly in its own name and to enforce its rights directly against the Obligor thereof, (d) the note is secured by an undivided interest in the Collateral which also secures and is shared by, on a pro-rata basis, all other holders of such Obligor’s notes of equal priority and (e) other than with respect to the Loan to Marcal which will be sold to the Trust Depositor and the Issuer, respectively, on the Closing Date, the Originator (or American Capital Financial Services, Inc., a wholly-owned subsidiary of the Originator) is the collateral agent and payment agent for all noteholders of such Obligor; provided, however, Agented Notes shall not include (1) the obligations, if any, of any agents under the Loan Documents evidencing such Agented Loans, and (2) the interests, rights and obligations under the Loan Documents evidencing such Agented Notes that are retained by the Originator or are owned or owed by other noteholders.
Agented Notes. One or more promissory notes issued by an Obligor wherein (a) the note(s) are originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) the Issuer, as assignee of the note, will have all of the rights (but none of the obligations) of the Originator with respect to such note and the Related Property, including the right to receive and collect payments directly in its own name or through the Originator, as agent for the noteholders of such Obligor and to enforce its rights against the Obligor thereof, (c) the note is secured by an undivided interest in the Related Property that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority and (d) the Originator is the agent for all noteholders of such Obligor.
Agented Notes means one or more promissory notes issued by an Eligible Obligor wherein (a) the Loan is originated by the Originator in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) the Issuer, as assignee of the Loan, will have all of the rights (but none of the obligations) of the Originator with respect to such Loan and the Collateral, (c) the indebtedness in respect of such notes is secured by an undivided interest in the Collateral which also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority issued under the related Designated Loan Agreement, and (d) the Originator (or American Capital Financial Services) is the collateral agent for all loans made to such Obligor under the Designated Loan Agreement; provided that Agented Notes shall not include (1) the obligations, if any, of any agents under the Loan Documents evidencing such Agented Notes, and (2) the interests, rights and obligations under the Loan Documents evidencing such Agented Notes that are retained by the Originator or are owned or owed by other noteholders.
Agented Notes means one or more promissory notes issued by an Eligible Obligor wherein (a) the note(s) are originated in accordance with the Credit and Collection Policy as a part of a syndicated loan transaction, (b) upon the grant of a security interest in such note under this Agreement, the original note will be endorsed in blank, and held by the Collateral Custodian, on behalf of the Secured Parties, (c) the Borrower has all of the rights with respect to such note and the Related Property, including the right directly or through the agent described in item (e) of this definition to receive and collect payments in its own name and to enforce its rights against the Obligor thereof, (d) the note is secured by an undivided interest in the Related Property that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority, and (e) the Borrower (or American Capital Financial Services, Inc., a wholly-owned subsidiary of the Borrower) is the agent for all noteholders of such Obligor with duties as set forth in Exhibit R, provided, however, Agented Notes shall not include (1) the obligations, if any, of any agents under the Pledged Loan Documents evidencing such Agented Notes, and (2) the interests, rights and obligations (excluding Pledged Loans) under the Pledged Loan Documents evidencing such Agented Notes that are owned or owed by other noteholders.