Common use of Commitment Agreement Clause in Contracts

Commitment Agreement. Concurrently with the execution of this Agreement, American Capital Strategies, Ltd. (“ACAS”) has delivered to the Company a commitment agreement addressed to the Company in the form attached as Exhibit C to this Agreement, guaranteeing certain obligations of Parent and Merger Sub, respectively, under this Agreement (the “Commitment Agreement”). The Commitment Agreement constitutes the legal, valid and binding obligation of ACAS, enforceable in accordance with its terms.