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 Portfolio Investment as at any date pursuant to the requirements of the foregoing subclauses (A), (B) or (C) (or if the Administrative Agent shall fail to determine the value of any Portfolio Investment as described in the following subclause (E) as a result of any action, inaction or lack of cooperation of the Borrower or any of its Affiliates), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.

Appears in 5 contracts

Sources: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)

Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing subclauses (A), (B) or (C) (or if the Administrative Agent shall fail to determine the value of any Portfolio Investment as described in the following subclause (E) as a result of any action, inaction or lack of cooperation of the Borrower or any of its Affiliates), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero for purposes of the Borrowing Base until such time as the value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewith.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)

Failure to Determine Values. If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements (but subject to the exclusions) of the foregoing subclauses (A), (B) or through (C) (or if the Administrative Agent shall fail to determine the value of any Portfolio Investment as described in the following subclause pursuant to clauses (E) or (F) below as a result of any action, inaction or lack of cooperation of the Borrower or any of its AffiliatesBorrower), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero (0) for purposes of the Borrowing Base until such time as the value Value of such Portfolio Investment is otherwise determined or reviewed, as applicable, in accordance herewithwith this Agreement.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Lord Abbett Private Credit Fund S)