Collateral Asset File definition

Collateral Asset File means, with respect to each Collateral Asset and to the extent identified on the related Document Checklist, (i) if the Collateral Asset includes a note, (x) an original, executed copy of the related promissory note, or (y) in the case of a lost promissory note, a copy of the executed underlying promissory note accompanied by an original executed affidavit and indemnity endorsed by the applicable Loan Party or the prior holder of record either in blank or to the Administrative Agent, in each case, with respect to clause (x) or clause (y), with an unbroken chain of endorsements from each prior holder of such promissory note to the applicable Loan Party or to the Administrative Agent, or in blank, or (z) in the case of a noteless Collateral Asset, a copy of each executed document or instrument evidencing the assignment of such Collateral Asset to the applicable Loan Party, (ii) paper or electronic copies (as indicated on the Collateral Asset Schedule and the related Document Checklist) of any related loan agreement, security agreement, mortgage, moveable or immoveable hypothec, deed of hypothec, guarantees, indenture, note purchase agreement, intercreditor and/or subordination agreement, each to the extent available with respect to such Collateral Asset, (iii) paper or electronic copies of the file stamped (or the electronic equivalent of) UCC financing statements and continuation statements (including amendments or modifications thereof) authorized by the obligor thereof or by another Person on the obligor’s behalf in respect of such Collateral Asset or evidence that such financing statements have been submitted for filing, in each case only to the extent (x) actually in the possession of the Servicer or the Borrower in the case of any Collateral Asset that is a Broadly Syndicated Loan, and (y) reasonably available to the Servicer upon the request of the Administrative Agent or any agent of the Administrative Agent, (iv) in the case of any Collateral Asset with respect to which the Borrower Parent or any Affiliate thereof acts as administrative agent, an assignment and assumption agreement, transfer document or instrument relating to such Collateral Asset in blank, endorsed by the Borrower Parent or such Affiliate, and (v) any other document included by the Servicer on the related Document Checklist.

Collateral Asset File means, with respect to each Collateral Asset as identified on the related Document Checklist, (i)(x) if the Collateral Asset includes a note, an original, executed copy of the related promissory note or, in the case of a lost promissory note, a copy of the executed underlying promissory note accompanied by an original executed affidavit and indemnity endorsed by the Borrower in blank, in each case with an unbroken chain of endorsements from each prior holder of such promissory note to the Borrower or in blank, or (y) in the case of a noteless Collateral Asset, a copy of each executed document or instrument evidencing the assignment of such Collateral Asset to the Borrower, (ii) to the extent applicable for the related Collateral Asset, paper or electronic copies (as indicated on the Collateral Asset Schedule and the related Document Checklist) of any related credit or loan agreement, security agreement, mortgage, moveable or immoveable hypothec, deed of hypothec, guarantees, indenture, note purchase agreement, intercreditor and/or subordination agreement, each to the extent available with respect to such Collateral Asset and (iii) any other material document included on the related Document Checklist that is reasonably requested by the Administrative Agent and reasonably available to the Servicer.

Collateral Asset File means, in the case of any Collateral Asset that is (a) a loan, electronic copies of a fully executed assignment agreement, a trade confirmation and any separate funding memorandum to which the assignor of such loan is a party with respect to such loan or (b) a security, electronic copies of a trade confirmation or other evidence of the acquisition of such security, in each case as identified on the related Document Checklist.

Examples of Collateral Asset File in a sentence

• The Collateral Custodian agrees that, with respect to any Collateral Asset File at any time or times in its possession or held in its name, the Collateral Custodian shall be the agent and custodian of the Administrative Agent, for the benefit of the Secured Parties, for purposes of perfecting (to the extent not otherwise perfected) the Administrative Agent’s security interest in the Collateral and for the purpose of ensuring that such security interest is entitled to first priority status under the UCC.

• Upon receipt of such certification and request, unless it receives notice to the contrary from the Administrative Agent, the Collateral Custodian shall within three days release the related Collateral Asset File to the Collateral Manager and the Collateral Manager will not be required to return the related Collateral Asset File to the Collateral Custodian.

• Notwithstanding any language to the contrary herein, the Collateral Custodian shall make no representations as to, and shall not be responsible to verify, (i) the validity, legality, ownership, title, perfection, priority, enforceability, due authorization, recordability, sufficiency for any purpose, or genuineness of any of the documents contained in each Collateral Asset File or (ii) the collectability, insurability, effectiveness or suitability of any such Collateral Asset.