REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 63 contracts
Sources: Custody Agreement (Bain Capital Specialty Finance, Inc.), Custody Agreement (Nuveen Churchill Private Credit Fund), Custody Agreement (OFS Credit Company, Inc.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 27 contracts
Sources: Custody Agreement (Panagram Capital, LLC), Custody Agreement (Stone Point Capital Credit LLC), Custody Agreement (Franklin BSP Capital L.L.C.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2) Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 23 contracts
Sources: Custody Agreement (First Eagle Private Credit Fund), Custody Agreement (Remora Capital Corp), Custody Agreement (Fortress Private Lending Fund)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 3 contracts
Sources: Custody Agreement (Bain Capital Private Credit), Custody Agreement (BC Partners Lending Corp), Custody Agreement (Bain Capital Specialty Finance, Inc.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business two (2)-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 3 contracts
Sources: Custody Agreement (Monroe Capital Enhanced Corporate Lending Fund), Custody Agreement (Eagle Point Credit Co LLC), Custody Agreement (MONROE CAPITAL Corp)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Document Custodian is required to decide between alternative courses of action, the Document Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Document Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian it may, but shall be under no duty to, take or refrain from taking any such courses of action. , and it shall have no liability to any Person for any such action or inaction The Document Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2) Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 3 contracts
Sources: Custody Agreement (Ept 16 LLC), Custody Agreement (TriplePoint Private Venture Credit Inc.), Custody Agreement (TriplePoint Venture Growth BDC Corp.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 2 contracts
Sources: Custody Agreement (Golub Capital BDC 4 LLC), Custody Agreement (Golub Capital Direct Lending LLC)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request in writing written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested themthem in writing, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twothree-Business Day period period, except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 2 contracts
Sources: Custody Agreement (CION Investment Corp), Custody Agreement (CION Investment Corp)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two three (23) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twothree-Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
Sources: Custody Agreement (Apollo Senior Floating Rate Fund Inc.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company Trust as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days business days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any either such courses course of action. The Custodian shall act in accordance with instructions received from the Company Trust in response to such request after such two-Business Day business day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructionsinstructions pursuant to the previous sentence.
Appears in 1 contract
Sources: Custody Agreement (Blackstone Private Real Estate Credit & Income Fund)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request requests written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such written instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company or the Collateral Agent as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company or the Collateral Agent in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2)- Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
Sources: Custody Agreement (Monroe Capital Income Plus Corp)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company Companies as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company Companies in response to such request after such two-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
Sources: Custody Agreement (Carey Credit Income Fund 2015 T)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two (2) Business Days after it has requested them, the Custodian 29 may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such two-two (2) Business Day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract
Sources: Custody Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)
REQUEST FOR INSTRUCTIONS. If, in performing its duties under this Agreement, the Custodian is required to decide between alternative courses of action, the Custodian may (but shall not be obliged to) request written instructions from the Company as to the course of action desired by it. If the Custodian does not receive such instructions within two five (25) Business Days after it has requested them, the Custodian may, but shall be under no duty to, take or refrain from taking any such courses of action. The Custodian shall act in accordance with instructions received from the Company in response to such request after such twofive-Business Day day period except to the extent it has already taken, or committed itself to take, action inconsistent with such instructions.
Appears in 1 contract