Collateral Asset File definition

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 electronic 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 electronic evidence of the acquisition of such security.

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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 origination by or assignment of such Collateral Asset to the Borrower, (ii) 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, (iii) 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 confirmation that such financing statements have been submitted for filing, in each case and in the case of any Collateral Asset that is a Broadly Syndicated Loan, only to the extent actually in the possession of the Servicer or the Borrower, (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 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.

Examples of Collateral Asset File in a sentence

• Except as provided herein, no Collateral Asset File or other document constituting a part of a Collateral Asset File shall be released from the possession of the Collateral Custodian.

• With respect to each Loan transferred hereunder as part of the Conveyed Assets, within the time period required for delivery thereof under the Loan Agreement, the Seller, on behalf of the Purchaser and the Servicer, will deliver or cause to be delivered to the Collateral Custodian the contents of the Collateral Asset File with respect to such Loan.

• Each Collateral Asset File shall be marked with an appropriate identifying label and maintained in such manner so as to permit retrieval and access by the Collateral Custodian and the Administrative Agent.

• The Servicer shall return each and every original document previously requested from the Collateral Asset File to the Collateral Custodian when the need therefor by the Servicer no longer exists.

• The Servicer shall promptly report to the Collateral Custodian and the Administrative Agent the loss by it of all or part of any Collateral Asset File previously provided to it by the Collateral Custodian and shall promptly take appropriate action to remedy any such loss.

• Each Collateral Asset File which comes into the possession of the Collateral Custodian (other than documents delivered electronically) shall be maintained in fire-resistant vaults or cabinets at the office of the Collateral Custodian located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇.

• Upon final determination of such court, the Collateral Custodian shall dispose of such Collateral Asset File or a document included within such Collateral Asset File as directed by the Administrative Agent, which shall give a direction consistent with such determination.

• With respect to each Loan transferred hereunder as part of the Conveyed Assets, within the time period required for delivery thereof under the Loan Agreement, the Seller shall deliver, or cause to be delivered, the Collateral Asset File to the Collateral Custodian.

• 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 Servicer and the Servicer will not be required to return the related Collateral Asset File to the Collateral Custodian.

More Definitions of Collateral Asset File

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, with respect to each Collateral Asset, a file containing duly executed originals and copies (as identified on the Document Checklist) of any other Records (not otherwise included in the Required Loan Documents) relating to such Collateral Assets and Portfolio Assets pertaining thereto. “Collateral Asset Register” has the meaning assigned to that term in Section 5.03(d). “Collateral Asset Tape” means the loan tape to be delivered in connection with each Collateral Manager Report, Collateral Manager Advance Date Report, on each Borrowing Base Inclusion Date and the date of each Transaction (other than an Addition) (unless otherwise noted below) which loan tape shall include (but not be limited to) the aggregate Outstanding Balance of all Collateral Assets and, with respect to each Collateral Asset, the following information as of the Collateral Asset Tape Cut-off Date: