Common use of Bank Commitment Clause in Contracts

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to make a Prefunding Deposit as requested under Section 2.1, then at any time, the Issuer shall be considered to have directed the Company to assign its interest in the Note in whole to the Bank Investors pursuant to this Section 5.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 5.7(d) below. In addition, at any time on or prior to the Commitment Termination Date upon the occurrence of a Termination Event or the Termination Date, the Issuer hereby requests and directs that the Company assign its interest in the Note in whole to the Bank Investors pursuant to this Section 5.7 and the Issuer hereby agrees to pay the amounts described in Section 5.7(d) below. Upon any such election by the Company or any such request by the Issuer, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. No documentation or action shall be required to effect such assignment of the Note by the Company to the Bank Investors other than the giving of written notice by the Issuer of such direction to the Administrative Agent on behalf of the Company and to the Agent on behalf of the Bank Investors, and by the delivery of a copy of such notice by the Agent to each

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Bank Investors elect to Company does not make a Prefunding Deposit Subsequent Funding as requested under Section 2.1, then at any time, the Issuer shall be considered have the right to have directed require the Company to assign its interest in the Note in whole to the Bank Investors pursuant to this Section 5.7, the Bank Investors agree to accept such assignment, and the Issuer hereby agrees to pay the amounts described in Section 5.7(d) below5.9. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event Event, (ii) upon the occurrence of an event which would cause a Termination Date but for the fact that the Company shall have assigned its interest in the Note to the Bank Investors, or (iii) the Termination DateCompany elects to give notice to the Issuer and the Insurance Provider that it elects to cease making Fundings under this Agreement, the Issuer hereby requests and directs that the Company assign its interest in the Note in whole to the Bank Investors pursuant to this Section 5.7 5.9 and the Issuer hereby agrees to pay the amounts described in Section 5.7(d5.9(d) below. Upon any such election by the Company or any such request by the Issuer, the Company shall make such assignment and the Bank Investors shall accept such assignment and shall assume all of the Company's obligations hereunder. No further documentation or action on the part of the Company shall be required to effect exercise the rights set forth in the immediately preceding sentence, other than, in the case of clause (i) of such assignment sentence, receipt of the Note by the Company to the Bank Investors other than the giving of written notice by the Issuer of such direction to the Administrative Agent on behalf of the Company and to the Agent on behalf of the Bank Investors, and by the delivery of a copy of such notice by the Agent to eachthe