Common use of Bank Commitment Clause in Contracts

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding as requested under Section 2.1, then at any time, the Issuer shall be considered to have directed the Company to assign its interest in the Note in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below. In addition, at any time on or prior to the Commitment Termination Date upon the occurrence of a Termination Event or the Termination Date, the Issuer hereby requests and directs that the Company assign its interest in the Note in whole to the Bank Investors pursuant to this Section 6.7 and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the Issuer, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.7, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date the Issuer shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding shall be satisfied and PROVIDED FURTHER that in connection with such funding by the Bank Investors, the Bank Investors accept the assignment of the Note from the Company and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Funding. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make Company does not effect a Subsequent Funding Pledge as requested under Section 2.12.2(a), then at any time, the Issuer Pledgors shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.9. In addition, if at any time on or prior to the Commitment Termination Date upon the occurrence of (i) a Termination Event occurs that results in the Termination Date or (ii) the Company elects to give notice to the Pledgors of a Reinvestment Termination Date, the Issuer Pledgors hereby requests request and directs direct that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.9 and the Issuer Pledgors hereby agrees agree jointly and severally to pay the amounts described in Section 6.7(d9.9(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerPledgors, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.9, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date Date, the Issuer Pledgors shall have the right to request funding under this Agreement directly from the Bank Investors provided Investors; provided, however, that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding an Advance shall be satisfied and PROVIDED FURTHER that in satisfied. In connection with such funding by the Bank Investors, the Bank Investors shall accept the assignment of all of the Note from Company's interest in the Company Net Investment and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent FundingAdvance. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Pledges hereunder.. 112 119

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Advance as requested under Section 2.12.2(a), then at any time, the Issuer Debtor shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.9. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in the Termination Date or (ii) the Company elects to give notice to the Debtor of a Company Termination Date, the Issuer Debtor hereby requests and directs 95 101 that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.9 and the Issuer Debtor hereby agrees to pay the amounts described in Section 6.7(d9.9(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerDebtor, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.9, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date the Issuer shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding shall be satisfied and PROVIDED FURTHER that in connection with such funding by the Bank Investors, the Bank Investors accept the assignment of the Note from the Company and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Funding. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Advances hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Incremental Transfer as requested under Section 2.12.2(a), then at any time, the Issuer Transferor shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.7. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in the Termination Date or (ii) the Company elects to give notice to the Transferor of a Reinvestment Termination Date, the Issuer Transferor hereby requests and directs that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.7 and the Issuer Transferor hereby agrees to pay the amounts described in Section 6.7(d9.7(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerTransferor, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.7, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date the Issuer shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding shall be satisfied and PROVIDED FURTHER that in connection with such funding by the Bank Investors, the Bank Investors accept the assignment of the Note from the Company and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Funding. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Incremental Transfers hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Incremental Transfer as requested under Section 2.12.2(a), then at any time, the Issuer Transferor shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.7. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event or (ii) upon the Company's giving of a notice of the Reinvestment Termination Date, the Issuer Transferor hereby requests and directs that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 and 9.7 and, in each case, the Issuer Transferor hereby agrees to pay the amounts described in Section 6.7(d9.7(d) belowabove. Provided that (i) the Net Asset Test is satisfiedsatisfied and (ii) the Transferor shall have paid to the Company all amounts due as described in Section 9.7(d) hereof, upon any such election by the Company or any such request by the IssuerTransferor, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.7, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date Date, the Issuer Transferor shall have the right to request funding under this Agreement directly from the Bank Investors Investors; provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding an Incremental Transfer shall be satisfied satisfied; and PROVIDED FURTHER provided; further that in connection with such funding by the Bank Investors, the Bank Investors accept shall have theretofore or concurrently therewith accepted the assignment of all of the Note from Company's interest in the Company Net Investment and assume assumed all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Fundinghereunder. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Incremental Transfers hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Advance as requested under Section 2.12.2(a), then at any time, the Issuer Borrower shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.9. In addition, if at any time on or prior to the Commitment Termination Date upon the occurrence of (i) a Termination Event occurs that results in the Termination Date or (ii) the Company elects to give notice to the Borrower of a Reinvestment Termination Date, the Issuer Borrower hereby requests and directs that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.9 and the Issuer Borrower hereby agrees to pay the amounts described in Section 6.7(d9.9(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerBorrower, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.9, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date Date, the Issuer Borrower shall have the right to 104 110 request funding under this Agreement directly from the Bank Investors provided Investors; provided, however, that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding an Advance shall be satisfied and PROVIDED FURTHER that in satisfied. In connection with such funding by the Bank Investors, the Bank Investors shall accept the assignment of all of the Note from Company's interest in the Company Net Investment and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent FundingAdvance. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Advances hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make Company does not effect a Subsequent Funding Pledge as requested under Section 2.12.2(a), then at any time, the Issuer Pledgors shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.9. In addition, if at any time on or prior to the Commitment Termination Date upon the occurrence of (i) a Termination Event occurs that results in the Termination Date or (ii) the Company elects to give notice to the Pledgors of a Reinvestment Termination Date, the Issuer Pledgors hereby requests request and directs direct 108 114 that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.9 and the Issuer Pledgors hereby agrees agree jointly and severally to pay the amounts described in Section 6.7(d9.9(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerPledgors, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.9, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date Date, the Issuer Pledgors shall have the right to request funding under this Agreement directly from the Bank Investors provided Investors; provided, however, that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding an Advance shall be satisfied and PROVIDED FURTHER that in satisfied. In connection with such funding by the Bank Investors, the Bank Investors shall accept the assignment of all of the Note from Company's interest in the Company Net Investment and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent FundingAdvance. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Pledges hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Incremental Transfer as requested under Section 2.12.2(a), then at any time, the Issuer Transferor shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below9.9. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in the Termination Date or (ii) the Company elects to give notice to the Transferor of a Reinvestment Termination Date, the Issuer Transferor hereby requests and directs that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 9.9 and the Issuer Transferor hereby agrees to pay the amounts described in Section 6.7(d9.9(d) belowabove. Provided that the Net Asset Test is satisfied, upon Upon any such election by the Company or any such request by the IssuerTransferor, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.79.9, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date the Issuer shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding shall be satisfied and PROVIDED FURTHER that in connection with such funding by the Bank Investors, the Bank Investors accept the assignment of the Note from the Company and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Funding. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Incremental Transfers hereunder.

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Subsequent Funding Company does not effect an Incremental Transfer as requested under Section 2.12.2(a), then at any time, the Issuer Transferor shall be considered have the right to have directed require the Company to assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 6.7(d) below10.7. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in a Termination Date or (ii) the Company elects to give notice to the Transferor of a Reinvestment Termination Date, the Issuer Transferor hereby requests and directs that the Company assign its interest in the Note Net Investment in whole to the Bank Investors pursuant to this Section 6.7 10.7 and the Issuer Transferor hereby agrees to pay the amounts described in Section 6.7(d10.7(d) below. Provided that the Net Asset Test is satisfied, upon any such election by the Company or any such request by the IssuerTransfer- or, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. In connection with any assignment from the Company to the Bank Investors pursuant to this Section 6.710.7, each Bank Investor shall, on the date of such assignment, pay to the Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date the Issuer shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein and in the Security Agreement for a Subsequent Funding shall be satisfied and PROVIDED FURTHER that in connection with such funding by the Bank Investors, the Bank Investors accept the assignment of the Note from the Company and assume all of the Company's obligations hereunder concurrently with or prior to any such Subsequent Funding. Upon any assignment by the Company to the Bank Investors contemplated hereunder, the Company shall cease to make any further advances to the Issuer additional Incremental Transfers hereunder.