Common use of Alternate Investor’s Commitment Clause in Contracts

Alternate Investor’s Commitment. Subject to the satisfaction of the conditions precedent set forth in Sections 5.1 and 5.2 and the other terms and conditions hereof, each Alternate Investor hereby agrees to make available its Alternate Investor Percentage of the related Class Pro Rata Share of each Investment during the period from and including the Closing Date to but not including the Commitment Termination Date in an amount up to its Commitment. Subject to Section 2.2(b) concerning Reinvestments, at no time will the Conduit Investors have any obligation to fund an Investment or Reinvestment. At all times on and after the Conduit Investment Termination Date, all Investments and Reinvestments shall be made by the related Class Agent on behalf of the related Alternate Investors. In addition, at any time when a Conduit Investor has rejected a request to fund its Class Pro Rata Share of an Investment, the related Class Agent shall so notify the related Alternate Investors and such Alternate Investors shall make available their respective Alternate Investor Percentages of the related Class Pro Rata Share of such Investment. Notwithstanding anything contained in this Section 2.3(c) or elsewhere in this Agreement to the contrary, no Alternate Investor shall be obligated to provide the related Class Agent or the SPV with funds in connection with an Investment or Reinvestment in an amount that would result in the portion of the related Class Net Investment then funded by it (after giving effect to any Investment to be funded on such day) exceeding its Commitment then in effect (minus the unrecovered principal amount of such Alternate Investor’s investments in the Asset Interest pursuant to the Program Support Agreement to which it is a party). The obligation of each Alternate Investor to remit its Alternate Investor Percentage of any such Class Pro Rata Share of any Investment or Reinvestment shall be several from that of each other Alternate Investor, and the failure of any Alternate Investor to so make such amount available to the related Class Agent shall not relieve any other Alternate Investor of its obligation hereunder.