Common use of Permitted Contributions Clause in Contracts

Permitted Contributions. (a) The Borrowers may from time to time accept Cash contributions in respect of their Equity Interests (but in no event shall any Person be obligated to make any such Cash contributions), and subject to Section 6.03(b) below, to the extent such Cash contributions are deposited in a Restricted Borrower Account and written certification from a Responsible Officer of each Borrower confirming receipt thereof has been delivered to the Approved Account Bank, may be applied as Distributable Cash in accordance with the Priority of Payments. Except with respect to Permitted Cure Contributions to the extent set forth in Section 6.03(b) below, no such Cash contributions shall be included or otherwise taken into account in the calculation of Net Cash Flow or any LTV Ratio. (b) The Borrowers may (but are not required to), upon delivery of written certification from a Responsible Officer of each Borrower to the Administrative Agent at least five (5) Business Days’ prior, designate all or a portion of any such Cash contributions as (i) a cure contribution that increases the amount of Collections and Net Cash Flow for the Collection Period during which such contributions were made by the Dollar amount of such contribution, which contribution shall accordingly improve the DSCR for such Collection Period and be applied as Distributable Cash on the following Payment Date (each, an “DSCR Cure Contribution”), (ii) a cure contribution that will be retained in the Cure Contribution Holding Account and increase the Aggregate Collateral Value by an amount equal to the Dollar amount of such contribution, and accordingly improve the LTV Ratio for each Measurement Date until the Payment Date until such amounts are released pursuant to Section 9.02 or at the direction of the Borrowers for so long as no Manager Termination Event, Unmatured Event of Default or Event of Default has occurred and is continuing or would result therefrom, for application as Distributable Cash (each, a “LTV Cure Contribution”) or (iii) a cure contribution that will be applied in connection with an Optional Prepayment (subject to the payment of any related fees pursuant to the Lender Fee Letter and the BNY Fee Schedule), in order to reduce the aggregate outstanding principal amount of the Advances (and interest expected to accrue thereon), and accordingly improve the LTV Ratio and the DSCR through such prepayment of Advances (a “Prepayment Cure Contribution” and, together with the DSCR Cure Coverage Contribution and the LTV Cure Contributions, “Permitted Cure Contributions”); provided that: (A) the Borrowers may only designate one type of Permitted Cure Contribution for the related cash or portion thereof being contributed; (B) no more than two (2) Permitted Cure Contributions may be made in the same calendar year; and (C) no more than six (6) Permitted Cure Contributions may be made during the term of this Agreement.

Permitted Contributions. (a) The Borrowers may from time to time accept Cash contributions in respect of their Equity Interests (but in no event shall any Person be obligated to make any such Cash contributions), and subject to Section 6.03(b) below, to the extent such Cash contributions are deposited in a Restricted Borrower Account and written certification from a Responsible Officer of each Borrower confirming receipt thereof has been delivered to the Approved Account Bank, may be applied as Distributable Cash in accordance with the Priority of Payments. Except with respect to Permitted Cure Contributions to the extent set forth in Section 6.03(b) below, no such |US-DOCS\161499384.7|| Cash contributions shall be included or otherwise taken into account in the calculation of Net Cash Flow or any LTV Ratio. (b) The Borrowers may (but are not required to), upon delivery of written certification from a Responsible Officer of each Borrower to the Administrative Agent at least five (5) Business Days’ prior, designate all or a portion of any such Cash contributions as (i) a cure contribution that increases the amount of Collections and Net Cash Flow for the Collection Period during which such contributions were made by the Dollar amount of such contribution, which contribution shall accordingly improve the DSCR for such Collection Period and be applied as Distributable Cash on the following Payment Date (each, an “DSCR Cure Contribution”), (ii) a cure contribution that will be retained in the Cure Contribution Holding Account and increase the Aggregate Collateral Value by an amount equal to the Dollar amount of such contribution, and accordingly improve the LTV Ratio for each Measurement Date until the Payment Date until such amounts are released pursuant to Section 9.02 or at the direction of the Borrowers for so long as no Manager Termination Event, Unmatured Event of Default or Event of Default has occurred and is continuing or would result therefrom, for application as Distributable Cash (each, a “LTV Cure Contribution”) or (iii) a cure contribution that will be applied in connection with an Optional Prepayment (subject to the payment of any related fees pursuant to the Lender Fee Letter and the BNY Fee Schedule), in order to reduce the aggregate outstanding principal amount of the Advances (and interest expected to accrue thereon), and accordingly improve the LTV Ratio and the DSCR through such prepayment of Advances (a “Prepayment Cure Contribution” and, together with the DSCR Cure Coverage Contribution and the LTV Cure Contributions, “Permitted Cure Contributions”); provided that: (A) the Borrowers may only designate one type of Permitted Cure Contribution for the related cash or portion thereof being contributed; (B) no more than two (2) Permitted Cure Contributions may be made in the same calendar year; and (C) no more than six (6) Permitted Cure Contributions may be made during the term of this Agreement.