Cash Equity Investor Contributions. (a) Upon the terms and subject to the conditions hereof and in reliance upon the representations, warranties and agreements herein contained: (i) effective upon the Closing, each Cash Equity Investor hereby irrevocably commits, severally and not jointly, to contribute to the capital of the Company an amount equal to its Aggregate Commitment and (ii) at the Closing, each Cash Equity Investor shall contribute to the capital of the Company an amount equal to its Initial Cash Contribution and the Company shall accept such capital contribution. Each Cash Equity Investor shall contribute to the capital of the Company an additional amount equal to the excess of its Aggregate Commitment over its Initial Cash Contribution in the amounts and on the dates specified on Schedule I (or such earlier dates as may be established in accordance with the terms of the Stockholders Agreement); provided that, in all events, (i) the aggregate amount of the Initial Cash Contributions plus the additional capital contributions actually made by Cash Equity Investors during the period commencing on the date of formation of the Company and ending on December 31, 1998 shall be no less than the Company's "operating losses," determined in accordance with generally accepted accounting principles, for such period and (ii) the aggregate amount of the Initial Cash Contributions plus the additional capital contributions actually made by Cash Equity Investors during the period commencing on the date of formation of the Company and ending on December 31, 1999 shall be no less than the Company's "operating losses," determined in accordance with generally accepted accounting principles, for such period. The obligation of each Cash Equity Investor to make such additional cash contributions in respect of its Aggregate Commitment in accordance with this Section 2.2 and Section 3.10 of the Stockholders Agreement is sometimes referred to herein as the "Unfunded Commitment." Nothing herein (including without limitation, the proviso to Section 2.2 (a)) shall be construed to require any Cash Equity Investor to make contributions in an aggregate amount in excess of its Aggregate Commitment or later than the third anniversary of the Closing Date.
Cash Equity Investor Contributions. (a) Upon the terms and ---------------------------------- subject to the conditions hereof and in reliance upon the representations, warranties and agreements herein contained: (i) effective upon the Closing, each Cash Equity Investor hereby irrevocably commits, severally and not jointly, to contribute to the capital of the Company an amount equal to its Aggregate Commitment and (ii) at the Closing, each Cash Equity Investor shall contribute to the capital of the Company an amount equal to its Initial Cash Contribution and the Company shall accept such contribution to the capital of the Company. Each Cash Equity Investor shall contribute to the capital of the Company an additional amount equal to the excess of its Aggregate Commitment over its Initial Cash Contribution in the amounts and on the dates specified on Schedule I (or such earlier dates as may be established in accordance with the terms of the Stockholders Agreement). The obligation of each Cash Equity Investor to make such additional cash contributions in accordance with this Section 2.2 and Section 3.10 of the Stockholders Agreement is sometimes referred to herein as the "Unfunded Commitment." Nothing herein shall be construed to require any ------------------- Cash Equity Investor to make contributions in an aggregate amount in excess of its Aggregate Commitment or later than the third anniversary of the Closing Date.
Cash Equity Investor Contributions. (i) Each Cash Equity Investor shall deliver to the Company by wire transfer of immediately available funds to the account designated by the Company on or prior to the Closing Date an amount equal to its Initial Cash Contribution, as set forth on Schedule I. Each Cash Equity Investor shall convert the principal amount of its Pre-Closing Notes, together with the interest thereon, into a capital contribution to the Company, and the principal amount of Pre-Closing Notes (but not any interest thereon) so converted shall be credited against its Initial Cash Contribution.
Cash Equity Investor Contributions. Each Cash Equity Investor shall deliver to the Company by wire transfer of immediately available funds to the account designated by the Company on or prior to the Closing Date an amount equal to its Initial Cash Contribution, as set forth on Schedule I.
