PRE-FUNDING OF COMMITMENT Clause Samples

PRE-FUNDING OF COMMITMENT. In order to facilitate an orderly closing on each Closing Date, each Purchaser purchasing Notes on such Closing Date agrees that upon the request of the Company made at least 5 days prior to such Closing Date, such Purchaser shall make its funds required to purchase the Notes to be purchased by it on such Closing Date available to Bank of America National Trust and Savings Association, as funding agent (the "FUNDING AGENT"), at or prior to 12:00, noon, Chicago, Illinois time, on the Business Day prior to such Closing Date, in Federal funds or other immediately available funds. The foregoing obligation of each Purchaser to so make its funds available shall be subject to the condition precedent that it shall have received a Pre-Funding Agreement executed by the Company and the Funding Agent in substantially the form attached hereto as Exhibit H. Each Purchaser agrees by its execution hereof that funds so made available by it may be invested by the Funding Agent as provided in said Pre-Funding Agreement.