Equityholder/Servicer Buyout Right. Notwithstanding anything else herein to the contrary, in connection with the sale of the Collateral Portfolio following the acceleration of the Obligations pursuant to Section 7.01, the Equityholder, the Servicer and their respective Affiliates thereof shall have the right to purchase any or all of the Loans in the Collateral Portfolio, in each case by paying to the Collateral Agent in immediately available funds, an amount equal to all outstanding Obligations (or, in the case of a purchase of less than all of the Loans in the Collateral Portfolio, with the prior written consent of the Facility Agent in its sole discretion, an amount equal to the aggregate Outstanding Balance of all Loans purchased). If the Equityholder, the Servicer or any of their Affiliates thereof fail to exercise this purchase right and repay the Obligations within ten (10) Business Days following such acceleration of the Obligations, then such contractual rights shall be irrevocably forfeited by the Equityholder, the Servicer and Affiliates thereof, but nothing herein shall prevent the Equityholder, the Servicer or its Affiliates from bidding at any sale of such Collateral Portfolio.
