Common use of Mandatory Repurchase Clause in Contracts

Mandatory Repurchase. due to a Change of Control Event or Listing Failure Event (put option) (a) Upon the occurrence of a Change of Control Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Change of Control Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. However, such period may not start earlier than upon the occurrence of the Change of Control Event. (b) Upon the occurrence of a Listing Failure Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Listing Failure Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. (c) The notice from the Issuer pursuant to Clause 1.1.1(b) shall specify the Record Date on which a person shall be registered as a Noteholder to receive interest and principal, the Redemption Date and include instructions about the actions that a Noteholder needs to take if it wants Notes held by it to be repurchased. (d) If a Noteholder has so requested, and acted in accordance with the instructions in the notice from the Issuer, the Issuer shall, or shall procure that a person designated by the Issuer will, repurchase the relevant Notes and the repurchase amount shall fall due on the Redemption Date specified in the notice given by the Issuer pursuant to Clause 1.1.1(b). The Redemption Date must fall no later than forty (40) Business Days from the end of the period referred to in Clause 9.5(a). (e) The Issuer shall comply with the requirements of any applicable securities laws or regulations in connection with the repurchase of Notes. To the extent that the provisions of such laws and regulations conflict with the provisions in this Clause 9.5, the Issuer shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Clause 9.5 by virtue of the conflict. (f) Any Notes repurchased by the Issuer pursuant to this Clause 9.5 may at the Issuer's discretion be retained or sold (but may not be cancelled). (g) The Issuer shall not be required to repurchase any Notes pursuant to this Clause 9.5, if a third party in connection with the occurrence of a Change of Control Event offers to purchase the Notes in the manner and on the terms set out in this Clause 9.5 (or on terms more favourable to the Noteholders) and purchases all Notes validly tendered in accordance with such offer. If Notes tendered are not purchased with the time limits stipulated in this Clause 9.5, the Issuer shall repurchase any such Notes within five (5) Business Days after the expiry of the time limit. (h) No repurchase of Notes pursuant to this Clause 9.5 shall be required if the Issuer has given notice of a redemption pursuant to Clause 9.3 (Voluntary total redemption (call option)) provided that such redemption is duly exercised.

Mandatory Repurchase. due Upon a repurchase of any CCI Notes by CCI or other Holder pursuant to a Change of Control Event or Listing Failure Event (put option) (a) Upon the occurrence of a Change of Control Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer Article 11 of the Change Indenture, Obligor shall repurchase a portion of Control Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per this Mirror Note equal to 101 per cent. 100% of the Nominal Amount together aggregate principal amount of the CCI Notes so repurchased plus interest accrued on this Mirror Note to the date of such repurchase by CCI, to but excluding the Repurchase Date (the "Mirror Repurchase Price"); provided, however, that installments of interest on the portion of this Mirror Note whose Stated Maturity is on or prior to the Repurchase Date shall be payable to CCI according to the terms of this Mirror Note. If the repurchase price of the CCI Notes is paid in shares of Common Stock pursuant to Section 11.01 of the Indenture, then the Mirror Repurchase Price shall be paid by the delivery of that number of Membership Units to CCI equal to the number of shares of Common Stock issued by Holder to repurchase the CCI Notes; provided that in the event a One-for-One Event occurs, Obligor will issue the number of Membership Units with accrued but unpaid Interesta fair market value equal to the number of shares of Common Stock issued to repurchase the CCI Notes. HoweverWhenever there is a reference, in any context, to the principal of this Mirror Note as of any time, such period may not start earlier than upon the occurrence of the Change of Control Event. (b) Upon the occurrence of a Listing Failure Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Listing Failure Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. (c) The notice from the Issuer pursuant to Clause 1.1.1(b) shall specify the Record Date on which a person reference shall be registered as a Noteholder deemed to receive interest and principal, include reference to the Redemption Date and include instructions about the actions that a Noteholder needs Mirror Repurchase Price payable in respect of amounts outstanding under this Mirror Note to take if it wants Notes held by it to be repurchased. (d) If a Noteholder has so requested, and acted in accordance with the instructions in the notice from the Issuer, the Issuer shall, or shall procure that a person designated by the Issuer will, repurchase the relevant Notes and the repurchase amount shall fall due on the Redemption Date specified in the notice given by the Issuer pursuant to Clause 1.1.1(b). The Redemption Date must fall no later than forty (40) Business Days from the end of the period referred to in Clause 9.5(a). (e) The Issuer shall comply with the requirements of any applicable securities laws or regulations in connection with the repurchase of Notes. To the extent that the provisions of such laws Mirror Repurchase Price is, was or would be so payable at such time, and regulations conflict with the provisions in this Clause 9.5, the Issuer shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Clause 9.5 by virtue express mention of the conflict. (f) Any Notes repurchased by the Issuer pursuant to Repurchase Price in any provision of this Clause 9.5 may at the Issuer's discretion be retained or sold (but may not be cancelled). (g) The Issuer Mirror Note shall not be required to repurchase any Notes pursuant to construed as excluding the Mirror Repurchase Price in those provisions of this Clause 9.5, if a third party in connection with the occurrence of a Change of Control Event offers to purchase the Notes in the manner and on the terms set out in this Clause 9.5 (or on terms more favourable to the Noteholders) and purchases all Notes validly tendered in accordance with Mirror Note when such offer. If Notes tendered are express mention is not purchased with the time limits stipulated in this Clause 9.5, the Issuer shall repurchase any such Notes within five (5) Business Days after the expiry of the time limitmade. (h) No repurchase of Notes pursuant to this Clause 9.5 shall be required if the Issuer has given notice of a redemption pursuant to Clause 9.3 (Voluntary total redemption (call option)) provided that such redemption is duly exercised.

Mandatory Repurchase. due Subject to a Change of Control Event or Listing Failure Event Section 3.04 below, on the date which is the earlier of: the date which is fifteen (put option) (a15) Upon days following such date that the occurrence of a Change of Control Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of District receives a notice from Firstrust that an event of default has occurred under the Issuer Firstrust Note, the Loan Agreement, or any other Loan Documents executed in connection therewith, as may be amended, supplemented, restated, or modified from time to time, or the date which is forty-eight (48) months from the date of this Agreement and the District has adopted a resolution to non-renew and cease the sale of its Tax Claims, and only in the event there are Unredeemed Tax Claims held by ▇▇▇ on such date and there is a balance outstanding on the Firstrust Note secured by the Tax Claims, ▇▇▇ will notify the District in writing of: the amount of monies then held by Firstrust on deposit in the Reserve Account and the Clearing Account from funds paid that the Bureau has concluded that under existing law it can only make payment to the District available for the payment of the Change principal and interest on the Maturity Date, and the amount of Control Event pursuant the District's Mandatory Repurchase Payment obligation as of the Repurchase Date. The amount set forth in such notice as the District's Mandatory Repurchase Payment obligation shall be due and payable in immediately available funds on the Repurchase Date, unless and to Clause 1.1.1(b) (after which time period the extent ▇▇▇ receives additional Redemption Payments from the Bureau up through the Repurchase Date in accordance with Section 3.01 hereof; such right Mandatory Repurchase Payment obligation shall lapse) be reduced by the extent of such additional Redemption Payments. Subject to Section 3.04 below, the District hereby agrees to pay to ▇▇▇ or, if directed by ▇▇▇, to Firstrust, on or before the Repurchase Date, the Mandatory Repurchase Payment. ▇▇▇ hereby agrees to tender and deliver to the District Unredeemed Tax Claims on the Repurchase Date upon payment by the District of the Mandatory Repurchase Payment and to execute any and all documents reasonably required by the District to affect such transfer. The District and ▇▇▇ hereby acknowledge and agree that the District's contractual obligation to make the Mandatory Repurchase Payment and PAM's obligation to tender and deliver the Unredeemed Tax Claims to the District set forth in this Section 3.02 are absolute and irrevocable obligations of each party and that in the event of the District's contractual obligation to make Mandatory Repurchase Payment on or before the Repurchase Date matures, the District shall be deemed to have pledged its full faith, credit and taxing power in connection therewith, and the parties hereto agree that the non-defaulting party hereunder shall be entitled to specific performance of the defaulting party’s obligations hereunder. The District and ▇▇▇ both acknowledge that Firstrust shall be deemed a third party beneficiary of this Agreement and that ▇▇▇ shall have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal assign this Agreement to 101 per cent. Firstrust as collateral for the repayment of the Nominal Amount together with accrued but unpaid Interest. However, such period may not start earlier than upon the occurrence of the Change of Control EventFirstrust Note. (b) Upon the occurrence of a Listing Failure Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Listing Failure Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. (c) The notice from the Issuer pursuant to Clause 1.1.1(b) shall specify the Record Date on which a person shall be registered as a Noteholder to receive interest and principal, the Redemption Date and include instructions about the actions that a Noteholder needs to take if it wants Notes held by it to be repurchased. (d) If a Noteholder has so requested, and acted in accordance with the instructions in the notice from the Issuer, the Issuer shall, or shall procure that a person designated by the Issuer will, repurchase the relevant Notes and the repurchase amount shall fall due on the Redemption Date specified in the notice given by the Issuer pursuant to Clause 1.1.1(b). The Redemption Date must fall no later than forty (40) Business Days from the end of the period referred to in Clause 9.5(a). (e) The Issuer shall comply with the requirements of any applicable securities laws or regulations in connection with the repurchase of Notes. To the extent that the provisions of such laws and regulations conflict with the provisions in this Clause 9.5, the Issuer shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Clause 9.5 by virtue of the conflict. (f) Any Notes repurchased by the Issuer pursuant to this Clause 9.5 may at the Issuer's discretion be retained or sold (but may not be cancelled). (g) The Issuer shall not be required to repurchase any Notes pursuant to this Clause 9.5, if a third party in connection with the occurrence of a Change of Control Event offers to purchase the Notes in the manner and on the terms set out in this Clause 9.5 (or on terms more favourable to the Noteholders) and purchases all Notes validly tendered in accordance with such offer. If Notes tendered are not purchased with the time limits stipulated in this Clause 9.5, the Issuer shall repurchase any such Notes within five (5) Business Days after the expiry of the time limit. (h) No repurchase of Notes pursuant to this Clause 9.5 shall be required if the Issuer has given notice of a redemption pursuant to Clause 9.3 (Voluntary total redemption (call option)) provided that such redemption is duly exercised.

Mandatory Repurchase. due to a Change of Control Event or Listing Failure Event (put option) (a) Upon In the occurrence event of a Change breach of Control Event, any -------------------- representation and warranty set forth in Section 4.1(l) before the FCMT -------------- Termination Date RPA Seller shall accept a retransfer of each Noteholder shall during a period Principal Receivable to which such breach relates (an "Ineligible Receivable") on the --------------------- date on which such Ineligible Receivable is retransferred to Buyer under Section 2.4(d) of twenty (20) Business Days the Pooling and Servicing Agreement on the terms and -------------- conditions set forth below. In the event that the exclusion of an Ineligible Receivable from the effective date of a notice from the Issuer calculation of the Change Seller Amount would cause the Seller Amount to be less than the Minimum Seller Amount, RPA Seller shall pay Buyer a sufficient amount in immediately available funds in time to enable Buyer to make a deposit in the Collection Account in an amount equal to the Shortfall Amount as required under Section 2.4(d) of Control Event the -------------- Pooling and Servicing Agreement. Upon each retransfer to RPA Seller of such Ineligible Receivable, the Buyer shall automatically and without further action be deemed to transfer, assign and set-over to RPA Seller, without recourse, representation or warranty, all the right, title and interest of the Buyer in, to and under such Ineligible Receivable, all monies due or to become due with respect thereto, all proceeds thereof and Insurance Proceeds relating thereto. The Buyer shall execute such documents and instruments of transfer and take such other actions as shall reasonably be requested by RPA Seller to effect the transfer of such Ineligible Receivable pursuant to Clause 1.1.1(b) (after which time period such right this subsection. The obligation of RPA Seller to accept retransfer of any Ineligible Receivable shall lapse) have constitute the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. sole remedy respecting any breach of the Nominal Amount together representations and warranties set forth in Section 4.1(l)) with accrued but unpaid Interest. Howeverrespect to such Receivable available to the --------------- Buyer, such period may not start earlier than upon Certificateholders or the occurrence Trustee on behalf of Certificateholders (as defined in the Change of Control EventPooling and Servicing Agreement). (b) Upon In the occurrence event of a Listing Failure Eventbreach of any representation and warranty set forth in Section 4.1(l) on and after the FCMT Termination Date, each Noteholder then RPA -------------- Seller shall during a period accept reassignment of twenty all Receivables in the related Account (20"Ineligible Receivables") Business Days on the terms and conditions set forth in this ---------------------- paragraph on the date on which such Ineligible Receivables are reassigned to Buyer under Section 2.4(d) of the Transfer and Servicing Agreement. If -------------- the exclusion of an Ineligible Receivable from the effective calculation of the Seller Amount would cause the Seller Amount to be less than the Minimum Seller Amount, then RPA Seller shall pay Buyer a sufficient amount in immediately available funds in time to enable Buyer, on the date of retransfer of such Ineligible Receivable, to make a notice from deposit in the Issuer Collection Account in an amount equal to the Shortfall Amount as required under Section 2.4(d) of the Listing Failure Event Transfer and Servicing Agreement. The amounts -------------- so deposited are to be treated for all purposes hereof as Collections on such Ineligible Receivables. Upon reassignment of any Ineligible Receivable, the Buyer shall automatically and without further action be deemed to transfer, assign, set over and otherwise convey to RPA Seller or its designee, without recourse, representation or warranty, all the right, title and interest of the Buyer in and to such Ineligible Receivable, all Recoveries related thereto, all monies and amounts due or to become due and all proceeds thereof and such reassigned Ineligible Receivable shall be treated by the Buyer as collected in full as of the date on which it was transferred. The obligation of RPA Seller to accept reassignment of any Ineligible Receivables conveyed to the Buyer by RPA Seller, and to make payments to Buyer to enable Buyer to make the deposits, if any, required to be made to the Collection Account as provided in Section 2.4(d) of the Transfer and Servicing Agreement, shall -------------- constitute the sole remedy respecting the event giving rise to such obligation available to the Buyer. The Buyer shall execute such documents and instruments of transfer or assignment and take such other actions as shall reasonably be requested and provided by the RPA Seller to effect the conveyance of such Ineligible Receivables pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) this Section 6.1(b), -------------- but only upon receipt of an Officer's Certificate from RPA Seller that states that all conditions set forth in Section 5.1 have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per centbeen satisfied. of the Nominal Amount together with accrued but unpaid Interest.----------- (c) The notice from In the Issuer pursuant event of a breach of any representation and warranty set forth in Section 4.1(e), (j), (k) or (r) before the FCMT Termination Date, ------------- --- --- --- RPA Seller shall be obligated to Clause 1.1.1(baccept retransfer of all of the Principal Receivables on the date on which the Receivables are retransferred to Buyer under Section 2.4(e) of the Pooling and Servicing Agreement. RPA Seller -------------- shall specify pay Buyer a sufficient amount in immediately available funds in time to enable Buyer to deposit on the Record Transfer Date (as defined in the Pooling and Servcing Agreement) (in next day funds) for the related Distribution Date (as defined in the Pooling and Servcing Agreement) an amount equal to the deposit amount as required under Section 2.4(e) of the Pooling and Servcing Agreement on the terms and conditions set forth below. On the Distribution Date following the Transfer Date on which a person such amount has been deposited by Buyer in full into the Distribution Account, the Receivables and all monies due or to become due with respect thereto and all proceeds of the Receivables and Insurance Proceeds relating thereto shall be registered transferred to RPA Seller, and the Buyer shall execute and deliver such instruments of transfer, in each case without recourse, representation or warranty, as shall be reasonably requested by RPA Seller to vest in RPA Seller, or its designee or assignee, all right, title and interest of the Buyer in, to and under the Receivables, all monies due or to become due with respect thereto (including all Finance Charge Receivables) and all proceeds thereof and Insurance Proceeds relating thereto. If RPA Seller is obligated to accept a Noteholder to receive interest and principalretransfer as provided above, the Redemption Date obligation of RPA Seller to accept a retransfer of the Receivables pursuant to Section 6.1(c) -------------- shall constitute the sole remedy respecting a breach of the representations and include instructions about warranties contained in Section 4.1(e) available to the actions that a Noteholder needs to take if it wants Notes held by it to be repurchased.Buyer. -------------- (d) If On and after the FCMT Termination Date, if any representation or warranty of a Noteholder has so requestedRPA Seller set forth in Section 4.1(e), (j), (k) or (s) is -------------- --- --- --- not true and acted correct in accordance with the instructions in the notice from the Issuerany material respect, the Issuer shall, or RPA Seller shall procure that a person designated by the Issuer will, repurchase the relevant Notes and the repurchase amount shall fall due be obligated to accept such reassignment on the Redemption Date specified in date on which the notice given by the Issuer pursuant Receivables are reassigned to Clause 1.1.1(b). The Redemption Date must fall no later than forty (40Buyer under Section 2.4(e) Business Days from the end of the period referred to in Clause 9.5(a). (e) The Issuer shall comply with the requirements of any applicable securities laws or regulations in connection with the repurchase of Notes. To the extent that the provisions of such laws Transfer and regulations conflict with the provisions in this Clause 9.5, the Issuer shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Clause 9.5 by virtue of the conflict. (f) Any Notes repurchased by the Issuer pursuant to this Clause 9.5 may at the Issuer's discretion be retained or sold (but may not be cancelled). (g) The Issuer shall not be required to repurchase any Notes pursuant to this Clause 9.5, if a third party in connection with the occurrence of a Change of Control Event offers to purchase the Notes in the manner and Servicing -------------- Agreement on the terms set out forth in this Clause 9.5 (or paragraph. RPA Seller shall pay Buyer a sufficient amount in immediately available funds in time to enable Buyer to deposit in the Collection Account in immediately available funds not later than 1:00 p.m., New York City time, on terms more favourable the Transfer Date for the first Distribution Date following the Monthly Period in which the reassignment obligation arises under Section 2.4(e) of the Transfer and -------------- Servicing Agreement, in payment for such reassignment, an amount equal to the Noteholdersdeposit amount for the reassignment as required under Section 2.4(e) of -------------- the Transfer and purchases all Notes validly tendered in accordance with such offerServicing Agreement. If Notes tendered are not purchased with RPA Seller is obligated to accept a reassignment of the time limits stipulated in this Clause 9.5Receivables as provided above, the Issuer shall repurchase any obligation of RPA Seller to accept such Notes within five (5) Business Days after the expiry of the time limit. (h) No repurchase of Notes reassignment pursuant to this Clause 9.5 Section 6.1(d) and to -------------- make payments to Buyer to enable Buyer to make the deposit required to be made to the Collection Account as provided in Section 2.4(e) of the Transfer and Servicing Agreement shall be required if constitute the Issuer has given notice sole remedy respecting an event of a redemption pursuant to Clause 9.3 (Voluntary total redemption (call optionthe type specified in the first sentence of this Section 6.1(d)) provided that such redemption is duly exercised.

Mandatory Repurchase. due With respect to a Change of Control Event or Listing Failure Event any Purchased Asset, within three (put option) (a) Upon the occurrence of a Change of Control Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Change of Control Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. However, such period may not start earlier than upon the occurrence of the Change of Control Event. (b) Upon the occurrence of a Listing Failure Event, each Noteholder shall during a period of twenty (20) Business Days from the effective date of a notice from the Issuer of the Listing Failure Event pursuant to Clause 1.1.1(b) (after which time period such right shall lapse) have the right to request that all, or only some, of its Notes be repurchased at a price per Note equal to 101 per cent. of the Nominal Amount together with accrued but unpaid Interest. (c) The notice from the Issuer pursuant to Clause 1.1.1(b) shall specify the Record Date on which a person shall be registered as a Noteholder to receive interest and principal, the Redemption Date and include instructions about the actions that a Noteholder needs to take if it wants Notes held by it to be repurchased. (d) If a Noteholder has so requested, and acted in accordance with the instructions in the notice from the Issuer, the Issuer shall, or shall procure that a person designated by the Issuer will, repurchase the relevant Notes and the repurchase amount shall fall due on the Redemption Date specified in the notice given by the Issuer pursuant to Clause 1.1.1(b). The Redemption Date must fall no later than forty (40) Business Days from the end of the period referred to in Clause 9.5(a). (e) The Issuer shall comply with the requirements of any applicable securities laws or regulations in connection with the repurchase of Notes. To the extent that the provisions of such laws and regulations conflict with the provisions in this Clause 9.5, the Issuer shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Clause 9.5 by virtue of the conflict. (f) Any Notes repurchased by the Issuer pursuant to this Clause 9.5 may at the Issuer's discretion be retained or sold (but may not be cancelled). (g) The Issuer shall not be required to repurchase any Notes pursuant to this Clause 9.5, if a third party in connection with the occurrence of a Change of Control Event offers to purchase the Notes in the manner and on the terms set out in this Clause 9.5 (or on terms more favourable to the Noteholders) and purchases all Notes validly tendered in accordance with such offer. If Notes tendered are not purchased with the time limits stipulated in this Clause 9.5, the Issuer shall repurchase any such Notes within five (53) Business Days after the expiry earlier to occur of (i) Seller obtaining knowledge that a Mandatory Early Repurchase Event has occurred and is continuing with respect to a Purchased Asset or (ii) receipt of written notice from 4895-1210-4939v.10 Purchaser that a Mandatory Early Repurchase Event has occurred and is continuing with respect to a Purchased Asset (such date, the time limit. (h) No repurchase of Notes pursuant to this Clause 9.5 “Mandatory Early Repurchase Date” and such notice, the “Mandatory Early Repurchase Notice”), Seller shall be required to terminate the relevant Transaction and repurchase such Purchased Asset and pay to Purchaser cash in an amount equal to the Repurchase Price for such Purchased Asset; provided, that if Seller notifies Purchaser in writing that it does not have sufficient cash on hand to repurchase such Purchased Asset by the Issuer has given notice third (3rd) Business Day following the Business Day on which Seller receives from Purchaser the applicable Mandatory Early Repurchase Notice, then Seller shall have until the close of business on the eleventh (11th) Business Day following the Business Day on which Seller received the Mandatory Early Repurchase Notice to terminate the relevant Transaction and repurchase such Purchased Asset and pay to Purchaser cash in an amount equal to the Repurchase Price for such Purchased Asset so long as Seller (x) makes a redemption cash payment towards the obligation to pay the Repurchase Price of such Purchased Asset within three (3) Business Days following the Business Day on which Seller received the Mandatory Early Repurchase Notice in an amount equal to all cash on hand then available to Seller and (y) simultaneously with the payment made pursuant to Clause 9.3 the preceding clause (Voluntary total redemption x) delivers evidence to Purchaser that all such cash on hand has been applied towards the obligation to pay the Repurchase Price of such Purchased Asset and a capital call notice has been delivered in an amount sufficient to pay the remainder of the Repurchase Price (including the delivery of copies of such capital call optionnotices)) provided that such redemption is duly exercised.