Common use of Financial Commitments Clause in Contracts

Financial Commitments. Service Provider shall: (i) fail to promptly and consistently provide to ALU the MSA Financial Reports; (ii) *****; or (iii) permit a “default” or “event of default,” as those terms, mutatis mutandis, may be defined by any credit agreement, credit facility, or any type of equity funding facility or commitment to fund equity (cumulatively, a “Funding Mechanism”), or any such Funding Mechanism is terminated or suspended by the funding entity, in each case with respect to a Funding Mechanism upon which Service Provider or any of its affiliates rely upon to finance THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS (whether by debt or equity) any portion of the Services and such “default,” “event of default,” termination, or suspension is not thereafter amended, cured or waived under the terms and conditions of the impacted Funding Mechanism within the time frame or pursuant to the conditions set forth in such Funding Mechanism and in each such case, Service Provider shall provide ALU written notice of such amendment, default, termination, or suspension relating to any Funding Mechanism within ten (10) days after receiving notice thereof and shall provide ALU written notice of failure to cure within the time frame or pursuant to the conditions set forth in such Funding Mechanism no later than ten (10) days after such failure.

Financial Commitments. Service Provider shall: (i) fail to promptly and consistently provide to ALU the MSA Financial Reports; (ii) *****; or (iii) permit a “default” or “event of default,” as those terms, mutatis mutandis, may be defined by any credit agreement, credit facility, or any type of equity funding facility or commitment to fund equity (cumulatively, a “Funding Mechanism”), or any such Funding Mechanism is terminated or suspended by the funding entity, in each case with respect to a Funding Mechanism upon which Service Provider or any of its affiliates rely upon to finance THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 24B-2 OF THE SECURITIES EXCHANGE ACT OF 19331934, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS (whether by debt or equity) any portion of the Services and such “default,” “event of default,” termination, or suspension is not thereafter amended, cured or waived under the terms and conditions of the impacted Funding Mechanism within the time frame or pursuant to the conditions set forth in such Funding Mechanism and in each such case, Service Provider shall provide ALU written notice of such amendment, default, termination, or suspension relating to any Funding Mechanism within ten (10) days after receiving notice thereof and shall provide ALU written notice of failure to cure within the time frame or pursuant to the conditions set forth in such Funding Mechanism no later than ten (10) days after such failure.