UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION
13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
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Item 1.01. Entry into a Material Definitive Agreement.
On August 4, 2023, New Mountain Guardian III BDC, L.L.C. (the “Company”) and Western Alliance Trust Company, N.A. (“WATC”) entered into a custody agreement (the “WATC Custody Agreement”), pursuant to which WATC was appointed to serve as the Company’s custodian to hold securities, loans, cash, and other assets on behalf of the Company. Either party may terminate the WATC Custody Agreement at any time upon sixty (60) days’ prior written notice.
Additionally, on August 4, 2023, the Company and Western Alliance Bank (“WAB”) entered into a custody agreement (the “WAB Custody Agreement” and together with the WATC Custody Agreement, the “Custody Agreements”), pursuant to which WAB was appointed to hold and act as the Company’s custodian with respect to all Deposit Accounts (as defined in the WAB Custody Agreement) for funds of the Company placed through the ICS Deposit Placement Agreement (included as Schedule C to the WATC Custody Agreement).
The foregoing and the descriptions of the Custody Agreements do not purport to be complete and are qualified in their entirety by reference to the full text of the Custody Agreements, which are filed as exhibits to this Current Report on Form 8-K and are incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
| EXHIBIT NUMBER |
DESCRIPTION | |
| 10.1 | Custody Agreement, dated as of August 4, 2023, by and among the Company and Western Alliance Trust Company, N.A., as Custodian. | |
| 10.2 | Custody Agreement, dated as of August 4, 2023, by and among the Company and Western Alliance Bank, as Custodian (included as Schedule C to Exhibit 10.1 hereto). | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| NEW MOUNTAIN GUARDIAN III BDC, L.L.C. | |||
| Date: August 10, 2023 | By: | /s/ Joseph W. Hartswell | |
| Name: | Joseph W. Hartswell | ||
| Title: | Chief Compliance Officer and Corporate Secretary | ||
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