Accounts HPS Managed Assets Diversification Event Cash Flow Estimates Clause Samples
Accounts HPS Managed Assets Diversification Event Cash Flow Estimates
Portfolio Valuation and Diversification Etc 113118 SECTION 5.13. Calculation of Borrowing Base 118124 ARTICLE VI NEGATIVE COVENANTS 130136 SECTION 6.01. Indebtedness 130136 SECTION 6.02. Liens 132139 SECTION 6.03. Fundamental Changes and Dispositions of Assets 134140 SECTION 6.04. Investments 136143 SECTION 6.05. Restricted Payments 138144 SECTION 6.06. Certain Restrictions on Significant Subsidiaries 139145 SECTION 6.07. Certain Financial Covenants 139146 SECTION 6.08. Transactions with Affiliates 140146 SECTION 6.09. Lines of Business 140147 SECTION 6.10. No Further Negative Pledge 140147 SECTION 6.11. Modifications of Certain Documents 141147 SECTION 6.12. Payments of Other Indebtedness 141148 ARTICLE VII EVENTS OF DEFAULT 142149 SECTION 7.01. Events of Default 142149 ARTICLE VIII THE ADMINISTRATIVE AGENT 146153 SECTION 8.01. The Administrative Agent 146153 SECTION 8.02. Certain ERISA Matters 149156 SECTION 8.03. Erroneous Payments. 151157 ARTICLE IX MISCELLANEOUS 153160 SECTION 9.01. Notices; Electronic Communications 153160 SECTION 9.02. Waivers; Amendments 155161 SECTION 9.03. Expenses; Indemnity; Damage Waiver 158164 SECTION 9.04. Successors and Assigns 160167 SECTION 9.05. Survival 164171 SECTION 9.06. Counterparts; Integration; Effectiveness; Electronic Execution 164171 SECTION 9.07. Severability 165172 SECTION 9.08. Right of Setoff 165172
Permitted Withdrawals and Transfers from the Master Servicer Collection Account (a) The Master Servicer will, from time to time on demand of a Servicer or the Securities Administrator, make or cause to be made such withdrawals or transfers from the Master Servicer Collection Account as the Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and the related Servicing Agreement. The Master Servicer may clear and terminate the Master Servicer Collection Account pursuant to Section 10.01 and remove amounts from time to time deposited in error. (b) On an ongoing basis, the Master Servicer shall withdraw from the Master Servicer Collection Account (i) any expenses recoverable by the Trustee, the Master Servicer or the Securities Administrator or the Custodian pursuant to Sections 3.03, 7.04 and 9.05 and (ii) any amounts payable to the Master Servicer as set forth in Section 3.14. (c) In addition, on or before each Distribution Account Deposit Date, the Master Servicer shall deposit in the Distribution Account (or remit to the Trustee for deposit therein) any Monthly Advances required to be made by the Master Servicer with respect to the Mortgage Loans. (d) No later than 3:00 p.m. New York time on each Distribution Account Deposit Date, the Master Servicer will transfer all Available Funds on deposit in the Master Servicer Collection Account with respect to the related Distribution Date to the Trustee for deposit in the Distribution Account.
Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.
Persons Having Access to Assets of the Portfolios Notwithstanding anything to the contrary contained in this Agreement, no Authorized Person, Trustee, officer, employee or agent of any Fund shall have physical access to the assets of any Portfolio of that Fund held by the Custodian nor shall the Custodian deliver any assets of a Portfolio for delivery to an account of such person; provided, however, that nothing in this Section 3.03 shall prohibit (a) any Authorized Person from giving Proper Instructions, or any person authorized to issue Special Instructions from issuing Special Instructions, so long as such action does not result in delivery of or access to assets of any Portfolio prohibited by this Section 3.03; or (b) each Fund's independent certified public accountants from examining or reviewing the assets of the Portfolios of the Fund held by the Custodian. Each Fund shall deliver to the Custodian a written certificate identifying such Authorized Persons, Trustees, officers, employees and agents of such Fund.