Subscription Sales Contracts. (i) Notwithstanding anything herein to the contrary, including Section 4(b), as additional security for the Obligations, the Borrower assigns to the LenderLenders, for itstheir own benefit and as agent for itstheir affiliates, all of the Borrower’s rights under (x) all Eligible Subscription Sales Contracts in effect on the date of the Third Modification upon the execution of the Third Modification without any further action by any person (the “Existing Eligible Subscription Sales Contracts”) and (y) Eligible Subscription Sales Contracts entered into on or after the date of the Third Modification designated by Borrower in writing as subject to assignment pursuant to this Section 4(j) (the “Future Eligible Subscription Sales Contracts” and, together with the Existing Eligible Subscription Sales Contracts, the “Assigned Sales Contracts”) immediately (and without further action by any person) upon the designation by Borrower of such Future Eligible Subscription Sales Contract as Assigned Sales Contracts pursuant to the terms of this Section 4(j); provided, that if the aggregate original face amount (the “Contract Amount”) of all Assigned Sales Contracts assigned to the LenderLenders as of the end of any calendar quarter is less than $12,000,000 (the “Sales Contracts Threshold”) (whether as a result of any Subscription Sales Contract ceasing to meet the Eligibility Criteria or otherwise), the Borrower shall promptly thereafter designate additional Eligible Subscription Sales Contracts as assigned to the LenderLenders pursuant to this Section 4(j) until the aggregate Contract Amount of all Assigned Sales Contracts assigned to the LenderLenders hereunder equals or exceeds the Sales Contracts Threshold. Borrower shall ensure that it complies with its obligations hereunder by assigning Eligible Subscription Sales Contracts in the following order: (1) first, Eligible Subscription Sales Contracts entered into on or after January 1, 2023, (2) second, Eligible Subscription Sales Contracts entered into in December 2022, (3) third, Eligible Subscription Sales Contracts entered into in November 2022 and (4) fourth, Eligible Subscription Sales Contracts entered into prior to November 1, 2022 and (5) fifth, Modified Eligible Subscription Sales Contracts. The LenderLenders shall have the right, with prior consultation and written notice to the Borrower, to either adjust the Sales Contracts Threshold or the Minimum Balance solely to the extent necessary (i) to address increas...
