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 Purchaser does not effect a Purchase as requested under SECTION 2.1 then at any time, the Transferor shall have the right to require the Purchaser to assign its interest in the Aggregate Purchaser's Investment in whole to the Bank Investors pursuant to this SECTION 13.5. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in the Commitment Termination Date or (ii) the Purchaser elects to give notice to the Transferor of a Reinvestment Termination Date, the Transferor hereby requests and directs that the Purchaser assign its interest in the Aggregate Purchaser's Investment in whole to the Bank Investors pursuant to this SECTION 13.5 and the Transferor hereby agrees to pay the amounts described in SECTION 13.6(D) BELOW. UPON any such election by the Purchaser or any such request by the Transferor, the Purchaser shall make such assignment TO the Bank Investors AND THE BANK INVESTORS SHALL THEREUPON BE DEEMED TO HAVE ACCEPTED such assignment and shall assume all of the Purchaser's obligations hereunder. In connection with any assignment from the Purchaser to the Bank Investors pursuant to this SECTION 13.5, each Bank Investor shall, BY THE CLOSE OF BUSINESS (NEW YORK TIME) on the date of such NOTICE OF assignment, pay to the Purchaser (IN IMMEDIATELY AVAILABLE FUNDS) an amount equal to its Assignment Amount (IT BEING UNDERSTOOD THAT NOTWITHSTANDING THE FOREGOING ASSIGNMENT OF THE AGGREGATE PURCHASERS INVESTMENT, THE BANK INVESTORS, AS ASSIGNEES, CONTINUE TO BE OBLIGATED TO FUND ADVANCES UNDER SECTION 1.3 IN ACCORDANCE WITH THE TERMS THEREOF AND SHALL NOT HAVE THE RIGHT TO ELECT THE COMMENCEMENT OF THE AMORTIZATION OF THE PURCHASERS INVESTMENT PURSUANT TO THE DEFINITION OF "REINVESTMENT TERMINATION DATE" NOTWITHSTANDING THAT THE PURCHASER HAD SUCH RIGHT). Upon any assignment by the Purchaser to the Bank Investors contemplated hereunder, the Purchaser shall cease to make any additional Purchases hereunder."

Bank Commitment. At any time on or prior to the Commitment Termination Date, in the event that the Purchaser Company does not effect a Purchase acquire an Additional Class A Invested Amount as requested under SECTION 2.1 Section 2.2(a), then at any time, the Transferor shall have the right to require the Purchaser Company to assign its interest in the Aggregate Purchaser's Net Investment in whole to the Bank Investors pursuant to this SECTION 13.5Section. In addition, at any time on or prior to the Commitment Termination Date (i) upon the occurrence of a Termination Event that results in the Commitment Termination Date or (ii) if the Purchaser Company elects to give notice to the Transferor of a Reinvestment Termination Date, the Transferor hereby requests and directs that the Purchaser Company assign its interest in the Aggregate Purchaser's Net Investment in whole to the Bank Investors pursuant to this SECTION 13.5 42 Section and the Transferor hereby agrees to pay the amounts described in SECTION 13.6(DSection 5.7(d) BELOWbelow. UPON Provided that (i) the Net Asset Test is satisfied and (ii) the Transferor shall have paid to the Company all amounts due as described in Section 5.7(d) hereof, upon any such election by the Purchaser Company or any such request by the Transferor, the Purchaser Company shall make such assignment TO Assignment and the Bank Investors AND THE BANK INVESTORS SHALL THEREUPON BE DEEMED TO HAVE ACCEPTED shall accept such assignment Assignment and shall assume all of the PurchaserCompany's obligations hereunder. In connection with any assignment Assignment from the Purchaser Company to the Bank Investors pursuant to this SECTION 13.5Section, each Bank Investor shall, BY THE CLOSE OF BUSINESS (NEW YORK TIME) on the date of such NOTICE OF assignmentAssignment, pay to the Purchaser (IN IMMEDIATELY AVAILABLE FUNDS) Company an amount equal to its Assignment Amount. In addition, at any time on or prior to the Commitment Termination Date, the Transferor shall have the right to request funding under this Agreement directly from the Bank Investors provided that at such time all conditions precedent set forth herein for the acquisition of an Additional Class A Invested Amount (IT BEING UNDERSTOOD THAT NOTWITHSTANDING THE FOREGOING ASSIGNMENT OF THE AGGREGATE PURCHASERS INVESTMENTpursuant to Section 2.2(a) hereof shall be satisfied and provided further that in connection with such funding by the Bank Investors, THE BANK INVESTORS, AS ASSIGNEES, CONTINUE TO BE OBLIGATED TO FUND ADVANCES UNDER SECTION 1.3 IN ACCORDANCE WITH THE TERMS THEREOF AND SHALL NOT HAVE THE RIGHT TO ELECT THE COMMENCEMENT OF THE AMORTIZATION OF THE PURCHASERS INVESTMENT PURSUANT TO THE DEFINITION OF "REINVESTMENT TERMINATION DATE" NOTWITHSTANDING THAT THE PURCHASER HAD SUCH RIGHT)the Bank Investors accept the Assignment of all of the Company's interest in the Net Investment and assume all of the Company's obligations hereunder concurrently with or prior to any such acquisition of an Additional Class A Invested Amount. Upon any assignment Assignment by the Purchaser Company to the Bank Investors contemplated hereunder, the Purchaser Company shall cease to make acquire any additional Purchases Additional Class A Invested Amount hereunder."