Common use of Performance and Compliance with Collateral Clause in Contracts

Performance and Compliance with Collateral. The Servicer will take all actions consistent with the Servicer Standard so as to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with the administration of each item of Collateral, except where such failure would not reasonably be expected to have a Material Adverse Effect, and will do not take any action that the Servicer would reasonably expect to impair the rights of the Administrative Agent, for the benefit of the Secured Parties, or of the Secured Parties in, to and under the Collateral. It is understood and agreed that the Servicer does not hereby assume any obligations of the Borrower in respect of any Advances or assume any responsibility for the performance by the Borrower of any of its obligations hereunder or under any other agreement executed in connection herewith that would be inconsistent with its undertaking as the Servicer or in its capacity as the Transferor under the Sale Agreement.

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)

Performance and Compliance with Collateral. The Servicer will take all actions consistent with the Servicer Servicing Standard so as to permit the Borrower Borrowers to duly fulfill and comply with all obligations on the part of the Borrower Borrowers to be fulfilled or complied with under or in connection with the administration of each item of Collateral, except where such failure would not reasonably be expected to have a Material Adverse Effect, and will do not take any action that the Servicer would reasonably expect to impair the rights of the Administrative Collateral Agent, for the benefit of the Secured Parties, or of the Secured Parties in, to and under the Collateral. It is understood and agreed that the Servicer does not hereby assume any obligations of the Borrower Borrowers in respect of any Advances Borrowings or assume any responsibility for the performance by the Borrower Borrowers of any of its obligations hereunder or under any other agreement executed in connection herewith that would be inconsistent with its undertaking as the Servicer or in its capacity as the Transferor under the Sale AgreementServicer.

Appears in 1 contract

Sources: Credit Agreement (Nuveen Churchill Private Capital Income Fund)

Performance and Compliance with Collateral. The Servicer will take all actions consistent with the Servicer Servicing Standard so as to permit the Borrower to duly fulfill and comply with all obligations on the part of the Borrower to be fulfilled or complied with under or in connection with the administration of each item of Collateral, except where such failure would not reasonably be expected to have a Material Adverse Effect, and will do not take any action that the Servicer would reasonably expect to impair the rights of the Administrative Collateral Agent, for the benefit of the Secured Parties, or of the Secured Parties in, to and under the Collateral. It is understood and agreed that the Servicer does not hereby assume any obligations of the Borrower in respect of any Advances Borrowings or assume any responsibility for the performance by the Borrower of any of its obligations hereunder or under any other agreement executed in connection herewith that would be inconsistent with its undertaking as the Servicer or in its capacity as the Transferor under the Sale AgreementServicer.

Appears in 1 contract

Sources: Credit Agreement (Nuveen Churchill Private Capital Income Fund)