Return of Required Loan Documents. The Borrower may require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian a written request in the form of Exhibit E hereto (signed by both such Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by any applicable Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such Borrower.
Appears in 4 contracts
Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five two Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 3 contracts
Sources: Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 3 contracts
Sources: Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.), Loan and Security Agreement (Nuveen Churchill BDC INC.), Omnibus Amendment to Transaction Documents (Nuveen Churchill Direct Lending Corp.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Collateral Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (de) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five two Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 3 contracts
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan, Security and Investment Management Agreement (Investcorp Credit Management BDC, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 3 contracts
Sources: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)
Return of Required Loan Documents. The Borrower may Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Asset has been substituted in accordance with Section 2.19, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased by the Seller pursuant to Section 2.19, (e) that has been repurchased by the Seller pursuant to Section 2.14, (f) that has been the subject of an Optional Sale pursuant to Section 2.20, (g) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.21, or (dh) that is required to be redelivered to such Borrower the Seller in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both such Borrower the Seller and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by any applicable Borrower the Seller and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such Borrowerthe Seller.
Appears in 3 contracts
Sources: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.19, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased by the Borrower pursuant to Section 2.19, (e) that has been repurchased by the Borrower pursuant to Section 2.14, (f) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.21, or (dg) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 2 contracts
Sources: Secured Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.27.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Administrative Agent a written request substantially in the form of Exhibit E hereto (signed by both such Borrower the Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five two Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Document Agent return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Document Agent in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Sale or Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Document Agent and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such Borrower the Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Document Agent shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five two Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 2 contracts
Sources: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.15, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been replaced by the Borrower pursuant to Section 2.15, (e) that has been the subject of an Optional Sale pursuant to Section 2.16, (f) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.17, or (dg) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 1 contract
Sources: Loan and Servicing Agreement (NewStar Financial, Inc.)
Return of Required Loan Documents. The Borrower may require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale pursuant to Section 2.14 2.15 or (d) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five (5) Business Days, return the Required Loan Documents Underlying Instruments so requested to such the Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Custodian Trustee in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.18, (c) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been repurchased or sold by the Borrower pursuant to Section 2.18, (e) that has been the subject of an Optional Sale pursuant to Section 2.19, (f) that has been the subject of a Discretionary Sale, Substitution or Optional RIC/BDC Sale pursuant to Section 2.14 2.20, or (dg) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both such the Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Custodian Trustee shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 1 contract
Return of Required Loan Documents. The Borrower may may, with the prior written consent of the Lead Lender (such consent not to be unreasonably withheld), require that the Document Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian in error, (b) as to which the lien on the Underlying Asset has been so released pursuant to Section 8.2, (c) that has been the subject of a Discretionary Sale, Substitution or Optional Sale sale pursuant to Section 2.14 2.19(a) or (dc) that is required to be redelivered to such the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian and the Lead Lender a written request in the form of Exhibit E D hereto (signed by both such the Borrower and the Administrative AgentLead Lender) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met or waived (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian shall upon its receipt of each such request for return executed by any applicable the Borrower and the Administrative Agent Lead Lender promptly, but in any event within five (5) Business Days, return the Required Loan Documents so requested to such the Borrower.
Appears in 1 contract
Sources: Facility Agreement (AB Private Credit Investors Corp)