Common use of Failure to Determine Values Clause in Contracts

Failure to Determine Values. If the Borrower shall fail to determine the value of any Eligible Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing sub-clauses (A), (B), (C), (D) or (E), then the “Value” of such Eligible Portfolio Investment as at such date, and until a value is obtained, shall be deemed to be zero for purposes of the Borrowing Base; provided, however, that the Borrower shall determine which assets shall have a “Value” of zero for such purposes (and upon request of the Administrative Agent, the Borrower shall promptly inform the Administrative Agent which assets have a “Value” of zero for this purpose). Provided that, in no event shall any Portfolio Investment be valued pursuant to the foregoing requirements less frequently then annually.