Liens and Security Interest. To secure performance by the Borrower Parties of the payment and performance of the Obligations: (i) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender an exclusive, perfected, first priority security interest (subject to Permitted Liens) and Lien in and to the Collateral Accounts pursuant to an Assignment of Account for the Collateral Accounts; and (ii) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender, a perfected, first priority security interest (subject to Permitted Liens) and Lien in and on the Capital Calls, Capital Commitments, and Capital Contributions with respect to such Fund Borrower’s, including, without limitation, any rights to make Capital Calls, receive payment of Capital Commitments and enforce the payment thereof pursuant to a Security Agreement and to enforce the payment thereof or any guarantees thereof now existing or hereafter arising (the collateral in clauses (i)-(ii) of this Section 5.01 being, collectively, the “Collateral”). For the avoidance of doubt, the proceeds from any liquidation or distribution in connection with a Portfolio Company that are not held in a Collateral Account, are not Collateral.
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Sources: Revolving Credit Agreement (Franklin BSP Capital Corp), Revolving Credit Agreement (Franklin BSP Capital Corp)
Liens and Security Interest. To secure performance by the Borrower Parties of the payment and performance of the Obligations:
(i) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender an exclusive, perfected, first priority security interest (subject to Permitted Liens) and Lien in and to the Collateral Accounts pursuant to an Assignment of Account for the Collateral Accounts; and
(ii) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender, a an exclusive, perfected, first priority security interest (subject to Permitted Liens) and Lien in and on the Capital Calls, Capital Commitments, and Capital Contributions with respect to such Fund Borrower’s, including, without limitation, any rights to make Capital Calls, receive payment of Capital Commitments and enforce the payment thereof pursuant to a Security Agreement and to enforce the payment thereof or any guarantees thereof now existing or hereafter arising (the collateral in clauses (i)-(ii) of this Section 5.01 being, collectively, the “Collateral”). For the avoidance of doubt, the proceeds from any liquidation or distribution in connection with a Portfolio Company that are not held in a Collateral Account, are not Collateral.
Appears in 1 contract
Sources: Revolving Credit Agreement (Carlyle Secured Lending III)
Liens and Security Interest. (a) To secure performance by the Borrower Parties of the payment and performance of the Obligations:
: (i) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender an exclusiveof the Secured Parties, a perfected, first priority security interest (subject to Permitted Liens) security interest and Lien lien in and to the Collateral Accounts Account pursuant to an a Collateral Account Assignment of and a Deposit Account Control Agreement for the Collateral AccountsAccount; and
and (ii) each Fund Borrower shall grant to Administrative Agent, for the benefit of each LenderSecured Parties, a perfected, first priority security interest (subject to Permitted Liens) security interest and Lien in and on to (A) the Capital Calls, Capital Commitments, and Capital Contributions with respect to such Fund Borrower’sContributions, including, without limitationlimitation (but subject to Section 11.03), any rights to make Capital Calls, receive payment of Capital Commitments and enforce the payment thereof pursuant to a Security the Operating Agreement and to enforce the payment thereof or any guarantees thereof now existing or hereafter arising hereinafter arising, (the collateral in clauses B) [Reserved], (i)-(iiC) of this Section 5.01 being[Reserved], collectively(D) [Reserved], the “Collateral”). For the avoidance of doubt, the proceeds from any liquidation or distribution in connection with a Portfolio Company that are not held in a Collateral Account, are not Collateral.(E) [Reserved],
Appears in 1 contract
Sources: Revolving Credit Agreement (TCW Direct Lending LLC)
Liens and Security Interest. To secure performance by the Borrower Parties of the payment and performance of the Obligations:
(i) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender an exclusive, perfected, first priority security interest (subject to Permitted Liens) and Lien in and to the Collateral Accounts pursuant to an Assignment of Account for the Collateral Accounts; and
(ii) each Fund Borrower shall grant to Administrative Agent, for the benefit of each Lender, a an exclusive, perfected, first priority security interest (subject to Permitted Liens) and Lien in and on the Capital Calls, Capital Commitments, and Capital Contributions with respect to such Fund Borrower’s, including, without limitation, any rights to make Capital Calls, receive payment of Capital Commitments and enforce the payment thereof pursuant to a Security Agreement and to enforce the payment thereof or any guarantees thereof now existing or hereafter arising (the collateral in clauses (i)-(ii) of this Section 5.01 being, collectively, the “Collateral”). For the avoidance of doubt, the proceeds from any liquidation or distribution in connection with a Portfolio Company that are not held in a Collateral Account, are not Collateral.
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