Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) may enter into any amendment or waiver of or supplement to any Related Document; provided that the prior written consent of the Required Lenders shall be required if an Event of Default has occurred and is continuing or an Event of Default or Default would result from such amendment, waiver or supplement; provided, further, that, if the Required Lenders fail to provide consent to any amendment or waiver to the extent required under this Section 5.02(s), then notwithstanding any provision of the Facility Documents to the contrary (excluding Section 10.04 herein), it shall be permitted to sell the relevant Collateral Asset as long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) the sale price is at least equal to the Asset Value for such Collateral Asset; provided, further, that if such sale cannot be consummated pursuant to the foregoing proviso due to the restrictions in Section 10.04, then it shall be permitted to consummate such amendment, waiver or supplement so long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) it receives a cash equity contribution at least equal to the Asset Value for such Collateral Asset.
Appears in 2 contracts
Sources: Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Diameter Credit Co)
Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) may enter into any amendment or waiver of or supplement to any Related Document; Document; provided that the prior written consent of the Required Lenders shall be required if (i) an Event of Default acceleration has occurred pursuant to Section 6.02 and is continuing or an Event of Default or Default would result from and (ii) such amendment, waiver or supplementsupplement would materially impact the credit terms of the related Collateral Loan; provided, further, that, if the Required Lenders fail to provide consent to any amendment or waiver to the extent required under this Section 5.02(s5.02(r), then notwithstanding any provision of the Facility Documents to the contrary (excluding Section 10.04 herein), it the Borrower shall be permitted to sell the relevant Collateral Asset as long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) the sale price is at least equal to the Asset Value for such Collateral Asset; provided, further, that if such sale cannot be consummated pursuant to the foregoing proviso due to the restrictions in Section 10.04, then it the Borrower shall be permitted to consummate such amendment, waiver or supplement so long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) it the Borrower receives a cash equity contribution at least equal to the Asset Value for such Collateral Asset.
Appears in 1 contract
Sources: Credit and Security Agreement (Fidelity Private Credit Fund)