Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 158 contracts
Sources: Loan and Servicing Agreement (Blue Owl Capital Corp), Credit Agreement (Barings Private Credit Corp), Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian Agent may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian Agent shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian Agent substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian Agent hereunder, shall be the successor to the Collateral Custodian Agent under this Agreement without further act of any of the parties to this Agreement.
Appears in 98 contracts
Sources: Loan and Servicing Agreement (AMG Comvest Senior Lending Fund), Loan and Servicing Agreement (Blue Owl Capital Corp), Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 25 contracts
Sources: Loan and Servicing Agreement (BlackRock TCP Capital Corp.), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (First Eagle Private Credit Fund)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 12 contracts
Sources: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Omnibus Amendment (Blue Owl Technology Finance Corp. II), Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement and any other Transaction Document to which it is a party without further act of any of the parties to this Agreement.
Appears in 10 contracts
Sources: Loan and Security Agreement (KKR FS Income Trust), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan, Security and Collateral Management Agreement (Willow Tree Capital Corp)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 9 contracts
Sources: Loan and Servicing Agreement (AMG Comvest Senior Lending Fund), Loan and Servicing Agreement (AMG Comvest Senior Lending Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement, except where an instrument of transfer or assignment is required by law to effect such succession.
Appears in 6 contracts
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan, Security and Investment Management Agreement (Investcorp Credit Management BDC, Inc.), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 5 contracts
Sources: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Business Development Corp of America)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 4 contracts
Sources: Loan Financing and Servicing Agreement (BC Partners Lending Corp), Loan and Security Agreement (North Haven Private Income Fund LLC), Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 4 contracts
Sources: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Diameter Credit Co)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunderCustodian, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 4 contracts
Sources: Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (Steele Creek Capital Corp), Loan Financing and Servicing Agreement (Capital Southwest Corp)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to all or substantially all of the properties and assets document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunderCustodian, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 3 contracts
Sources: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund)
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 3 contracts
Sources: Fourth Amendment and Joinder to Loan and Servicing Agreement (Carlyle Secured Lending, Inc.), Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Pledge Agreement without further act of any of the parties to this Pledge Agreement.
Appears in 3 contracts
Sources: Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement and any other Transaction Document to which it is a party without further act of any of the parties to this Agreement.
Appears in 2 contracts
Sources: Loan, Security and Collateral Management Agreement (AG Twin Brook Capital Income Fund), Loan, Security and Collateral Management Agreement (AGTB Private BDC)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged merged, amalgamated or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 2 contracts
Sources: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian Custodianall or substantially as a whole, which Person in any anyall of the foregoing cases executes an agreement of assumption to perform every obligation obligationdocument custody business of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, party or (iiic) that may succeed to all or substantially all of the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Sources: Loan and Servicing Agreement (FS Credit Real Estate Income Trust, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and USActive 31637433.35 -149- assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Sources: Loan Financing and Servicing Agreement (FS KKR Capital Corp)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Sources: Loan Financing and Servicing Agreement (Golub Capital Direct Lending Corp)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement., except where an instrument of transfer or assignment is required by law to effect such succession. [Investcorp] Loan and Security Agreement
Appears in 1 contract
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.159
Appears in 1 contract
Merger or Consolidation. Any Person (ia) into which the Collateral Custodian may be merged or consolidated, (iib) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iiic) that may succeed to the properties and assets of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the USActive 55125247.5 168 successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Sources: Loan and Servicing Agreement (BlackRock TCP Capital Corp.)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger merger, Division Transaction or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets corporate trust business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, whole shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement, except where an instrument of transfer or assignment is required by law to effect such succession.
Appears in 1 contract
Sources: Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)
Merger or Consolidation. Any Person (i) into which the Collateral Custodian may be merged or consolidated, (ii) that may result from any merger or consolidation to which the Collateral Custodian shall be a party, or (iii) that may succeed to all or substantially all of the properties and assets -170- document custody business of the Collateral Custodian substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Collateral Custodian hereunder, shall be the successor to the Collateral Custodian under this Agreement without further act of any of the parties to this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (North Haven Private Income Fund LLC)