Common use of Designation of the Servicer Clause in Contracts

Designation of the Servicer. Subject to Section 6.8, the servicing, administering and management of the Collateral shall be conducted by the Servicer. The Servicer may, with the prior written consent of the Administrative Agent (which consent may be withheld in its sole discretion) (provided that consent from the Administrative Agent shall not be required for any delegation to or subcontracting with an Affiliate of the Servicer), subcontract with any other Person for servicing, administering or collecting the Collateral; provided that (i) the Servicer shall select any such Person with reasonable care and shall be solely responsible for the fees and expenses payable to such Person, (ii) the Servicer shall not be relieved of, and shall remain liable for, the performance of the duties and obligations of the Servicer pursuant to the terms hereof without regard to any subcontracting arrangement and (iii) any such subcontract shall be subject to the provisions hereof.

Appears in 2 contracts

Sources: Loan, Security and Servicing Agreement (Monroe Capital Income Plus Corp), Loan, Security and Servicing Agreement (Monroe Capital Income Plus Corp)