Support Payments. (a) SunEdison shall, or shall cause one of its Affiliates (other than EM LLC and its subsidiaries) to: (i) at least five (5) Business Days prior to each Interest Payment Date, deposit into an account of EM LLC an amount equal to the Interest Payment Amount, and EM LLC shall use such funds solely to pay the Interest Payment Amount in accordance with the terms of the Credit Agreement on or prior to the Interest Payment Date; or (ii) on or prior to each Interest Payment Date, pay (on behalf of EM LLC) the Interest Payment Amount in accordance with the terms of the Credit Agreement. (b) Any payments made by SunEdison or any of its Affiliates described in Section 2(a)(i) or (ii) shall be treated as a contribution by SunEdison (or its applicable Affiliate) to the capital of SunEdison Holdings, followed by a contribution by SunEdison Holdings to the capital of EM LLC. However, none of SunEdison, SunEdison Holdings or their respective Affiliates shall have any rights, at any time, to reimbursement of any payments made by SunEdison or its Affiliates pursuant to Section 2(a). (c) EM LLC shall provide notice to SunEdison of each Interest Payment Date at least ten (10) Business Days prior to such Interest Payment Date, provided that failure to provide such notice shall not release SunEdison of its obligations under Section 2(a).
Appears in 2 contracts
Sources: Investment Agreement (Terraform Global, Inc.), Investment Agreement (Terraform Global, Inc.)