Contributions by Equity Investor. Notwithstanding any provision to the contrary contained herein (but subject to the last sentence of the definition of Equity Commitment), the Equity Investor hereby agrees, for the benefit of the Borrower and the Collateral Agent (on behalf of the Secured Parties), as follows:
(i) from and after the date on which (A) the proceeds of the Term Loans and the Construction Loans and the proceeds of any Permitted Tax-Exempt Bonds (to the extent such Permitted Tax Exempt Bonds are funded in accordance with the terms of the Credit Agreement) have been fully utilized (and prior to the Term Conversion Date) or (B) a Default (but not an Event of Default) arises prior to the Term Conversion Date under Section 7.01(l)(iii) of the Credit Agreement (and, in the case of each of (A) and (B) above, the Holdco Equity Contributions funded in accordance with the terms and conditions of the Holdco Equity Commitment Agreement have been fully utilized), the Equity Investor hereby agrees to make, or cause to be made through its direct or indirect subsidiaries, an Equity Contribution to the Borrower in an amount equal to the Investor Percentage of Project Costs as they are incurred (each, a “Project Cost Funding Contribution”) until the Equity Commitment is fully funded (or, in the case of clause (B) above, the earlier date when the applicable Default has been cured in accordance with the terms of the Credit Agreement), each such Project Cost Funding Contribution to be made not less than two (2) Business Days prior to the date on which such Project Costs are reasonably expected to become due and payable unless, prior to such second Business Day, such Project Costs are paid with Drawstop Equity Contributions (provided that, in the case of clause (B) above, the Equity Investor shall have received at least ten (10) Business Days prior written notice of the applicable Default from the Borrower or the Collateral Agent);
(ii) upon the occurrence of an Event of Default under the Credit Agreement at any time prior to the Term Conversion Date, the Equity Investor hereby agrees to make, or cause to be made through its direct or indirect subsidiaries, an Equity Contribution to the Borrower in an amount equal to the then-unfunded Equity Commitment (each, a “Default Funding Contribution”), such Default Funding Contribution to be made not less than five (5) Business Days from receipt by the applicable Equity Investor of notice from the Collateral Agent that an Event of Default has occurred and i...
