Common use of Return of Required Loan Documents Clause in Contracts

Return of Required Loan Documents. The Borrower 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to 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 the Servicer and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (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 the Borrower and the Administrative Agent promptly, but in any event within two Business Days, return the Underlying Instruments so requested to the Borrower.

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)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.16, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.16, (e) that has been the subject of a Discretionary Sale or Substitution pursuant to Section 2.14 2.17 or (df) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

Sources: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two (2) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 2 contracts

Sources: Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust)

Return of Required Loan Documents. The Borrower Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.16, (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 repaid by the subject of a Discretionary Sale or Substitution Seller pursuant to Section 2.14 4.6 or (de) that is required to be redelivered to the Borrower Seller in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Servicer Seller and the Administrative Agent) specifying the Collateral Assets to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower Seller and the Administrative Agent promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the BorrowerSeller.

Appears in 2 contracts

Sources: Loan Certificate and Servicing Agreement (Capitalsource Inc), Loan Certificate and Servicing Agreement (Capitalsource Inc)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheldwithheld and which consent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23), require that the Document Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Document Custodian Trustee in error, (b) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, or (c) that has been the subject of a Discretionary Sale or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Servicer Borrower and the Administrative AgentAgent (provided that the signature of the Administrative Agent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23)) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within two five Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 2 contracts

Sources: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. a. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two Business Days, return the Underlying Instruments so requested to the Borrower.

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)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.17, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.17, (e) that has been the subject of an Optional Sale pursuant to Section 2.18, (f) that has been the subject of a Discretionary Sale or Substitution a Lien Release Dividend pursuant to Section 2.14 2.19 or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.. USActive 57833767.7

Appears in 1 contract

Sources: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Custodian Trustee return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 2.20, or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Custodian Trustee and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Custodian Trustee shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two five Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Ares Capital Corp)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), may require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) Asset File delivered to the Document 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case error by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto F (signed by both the Servicer and the Administrative AgentBorrower) specifying the Loan Asset File to be so returned and specifying that such Loan Asset File was delivered in error. The Portfolio Asset Servicer shall require that the Collateral Custodian return to the Borrower or the applicable Subsidiary Guarantor, as applicable, each Loan Asset File for which the applicable Loan Asset was released from the Lien of the Administrative Agent hereunder pursuant to Section 2.11 by submitting to the Collateral Custodian a written request in the form of Exhibit F (signed by the Portfolio Asset Servicer) specifying the Loan Asset File to be so returned and reciting that the conditions to such release return have been met (and specifying the Section or Sections of this Agreement being relied upon for such releasereturn). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and or the Administrative Agent Portfolio Asset Servicer, as applicable, promptly, but in any event within two five Business Days, return the Underlying Instruments Loan Asset File so requested to the BorrowerBorrower or the applicable Subsidiary Guarantor, as applicable.

Appears in 1 contract

Sources: Loan Agreement (PIMCO Capital Solutions BDC Corp.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two Business Days, return the Underlying Instruments so requested to the Borrower.]

Appears in 1 contract

Sources: Loan, Security and Investment Management Agreement (Investcorp Credit Management BDC, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two (2) Business Days, return the Underlying Instruments so requested to the Borrower.. [FS Investment] Loan and Security Agreement

Appears in 1 contract

Sources: Loan and Security Agreement (FS Investment Corp IV)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the [FS Investment] Loan and Security Agreement Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two (2) Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (FS KKR Capital Corp)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheldwithheld and which consent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23), 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 Related Property has been so released pursuant to Section 8.29.2, or (c) that has been the subject of a Discretionary Sale or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to 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 H hereto (signed by both the Servicer Borrower and the Administrative AgentAgent (provided that the signature of the Administrative Agent shall not be required in connection with the release of Required Loan Documents as specified in Section 2.23)) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (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 the Borrower and the Administrative Agent (when required to be signed by the Administrative Agent) promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Sources: Loan and Servicing Agreement (NewStar Financial, Inc.)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Collateral Custodian in error, (b) for which a Substitute Loan has been substituted in accordance with Section 2.17, (c) as to which the related Loan has been repaid in full and the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (cd) that has been transferred to the Borrower pursuant to Section 2.17, (e) that has been the subject of an Optional Sale pursuant to Section 2.18, (f) that has been the subject of a Discretionary Sale or Substitution a Lien Release Dividend pursuant to Section 2.14 2.19 or (dg) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E G hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral Required Loan Documents to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the Borrower.

Appears in 1 contract

Sources: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Return of Required Loan Documents. The Borrower Seller may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document Collateral Custodian in error, (b) as to which the lien on the Underlying Asset Related Property has been so released pursuant to Section 8.29.2, (c) that has been repaid by the subject of a Discretionary Sale or Substitution Seller pursuant to Section 2.14 4.6 or (d) that is required to be redelivered to the Borrower Seller in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E H hereto (signed by both the Servicer Seller and the Administrative Agent) specifying the Collateral Assets to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower Seller and the Administrative Agent promptly, but in any event within two five (5) Business Days, return the Underlying Instruments Required Loan Documents so requested to the BorrowerSeller.

Appears in 1 contract

Sources: Loan Certificate and Servicing Agreement (Capitalsource Inc)

Return of Required Loan Documents. The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Document Collateral Custodian return each Required Loan Document (as applicable), respectively (a) delivered to the Document 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 or Substitution pursuant to Section 2.14 or (de) that is required to be redelivered to the Borrower in connection with the termination of this Agreement, in each case by submitting to the Document Collateral Custodian and the Administrative Agent a written request in the form of Exhibit E hereto (signed by both the Servicer Borrower and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Document Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within two Business Days, return the Underlying Instruments so requested to the Borrower.] [Investcorp] Loan and Security Agreement

Appears in 1 contract

Sources: Loan, Security and Investment Management Agreement (Investcorp Credit Management BDC, Inc.)

Return of Required Loan Documents. The Borrower 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 or Substitution pursuant to Section 2.14 or (d) that is required to be redelivered to 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 the Servicer Collateral Manager and the Administrative Agent) specifying the Collateral to be so returned and reciting that the conditions to such release have been met (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 the Borrower and the Administrative Agent promptly, but in any event within two Business Days, return the Underlying Instruments so requested to the Borrower.

Appears in 1 contract

Sources: Loan, Security and Collateral Management Agreement (First Eagle Credit Opportunities Fund)