Common use of Alternative Financing Clause in Contracts

Alternative Financing. In the event the financing described in the BTAB Commitment Letter will not be available at Closing in a manner sufficient to consummate the Recapitalization, Investor shall use commercially reasonable efforts to pursue financing, reasonably acceptable to Investor, on terms in the aggregate not materially worse to Investor or the Company than the terms contained in the BTAB Commitment Letter (taking into account the BTAB Financing as contemplated as of the date hereof); provided, that if Investor is unable to obtain any such alternative financing, Investor shall have no obligation to consummate the Stock Purchase, the Recapitalization or any other transaction contemplated hereby.

Alternative Financing. In the event the financing described in the BTAB Commitment Letter will not be available at Closing in a manner sufficient to consummate the RecapitalizationClosing, Investor shall use commercially reasonable efforts to pursue financing, reasonably acceptable to Investor, on terms in the aggregate not materially worse to Investor or the Company than the terms contained in the BTAB Commitment Letter (taking into account the BTAB Financing as contemplated as of the date hereof)Letter; provided, that if Investor is unable to obtain any such alternative financing, Investor shall -28- 35 have no obligation to consummate the Stock Purchase, the Recapitalization or any other transaction contemplated hereby.

Alternative Financing. In the event the financing described in the BTAB Commitment Letter will not be available at Closing in a manner sufficient to consummate the RecapitalizationClosing, Investor shall use commercially reasonable efforts to pursue financing, reasonably acceptable to Investor, on terms in the aggregate not materially worse to Investor or the Company than the terms contained in the BTAB Commitment Letter (taking into account the BTAB Financing as contemplated as of the date hereof)Letter; provided, that if Investor is unable to obtain any such alternative financing, Investor shall have no obligation to consummate the Stock Purchase, the Recapitalization or any other transaction contemplated hereby.