Common use of The Commitment Clause in Contracts

The Commitment. (a) Subject to and upon the terms and conditions set forth herein, the Bank agrees, at any time and from time to time on and after the Effective Date and prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisions; provided, however, that the total of the base Commitments shall not exceed the lesser of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions to the Base Commitment shall become effective upon written notice to the Bank from the Investment Advisor on behalf of the Borrowers.

The Commitment. (a) Subject to and upon On the terms and subject to the applicable conditions hereinafter set forth hereinforth, including, without limitation, Article III, each Senior Lender severally agrees to make loans to the Bank agreesBorrower (each, at any time and a “Senior Loan”) from time to time on any Business Day during the period beginning on and after including the Effective Closing Date up to but excluding the Reinvestment Period End Date, in each case in an aggregate principal amount at any one time outstanding up to but not exceeding (i) such Senior Lender’s Commitment and prior (ii) as to all Senior Lenders, the Senior Lender Funding Commitment at such time. Each such borrowing of a Senior Loan on any single day is referred to herein as a “Funding”. Within such limits and subject to the Expiry Dateother terms and conditions of this Agreement, at during the request Reinvestment Period the Borrower may borrow (and re-borrow) Senior Loans under this Section 2.1 and prepay Senior Loans under Section 2.7. Each Senior Lender severally agrees, on the last day of the Reinvestment Period (except if the Reinvestment Period End Date occurs as a Borrowerresult of clause (b), (d), (f) or (g) of the definition thereof), to make Loans a Senior Loan (each a "and the Borrower hereby directs that such Senior Loan be made) in an amount equal to its Percentage Share of the Unfunded Amount (less the amount on deposit in the Future Funding Reserve Account) as of the date such Senior Loan is made (such Senior Loan" and, collectively, the "Loans") to such Borrower“Future Funding Reserve Loan”), which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and but only to the extent that any Borrower has its Percentage Share does not requested exceed its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base unfunded Commitment. The Borrowers may from time to time revise their Base Commitment if approved by Borrower shall deposit the Board proceeds of Trustees of each Borrower and a copy of any such revisions is furnished to Senior Loans in the Bank whereupon Schedule I hereto shall be deemed modified to reflect Future Funding Reserve Account such revisions; provided, however, that the total of amounts on deposit in the base Commitments shall not exceed Future Funding Reserve Account equal the lesser of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions to the Base Commitment shall become effective upon written notice to the Bank from the Investment Advisor on behalf of the BorrowersUnfunded Amount.

The Commitment. (a) Subject to On and upon the terms and conditions set forth herein, the Bank agrees, at any time and from time to time on and after the Effective Date and prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained hereinhereof, shall have including entry of the right Approval Order, each Commitment Party and Reserve Party agrees, severally and not jointly, to obtain up fully exercise (or cause certain of its and its affiliates’ managed funds and/or accounts to fully exercise) all Subscription Rights that are owned by it (or such managed funds or accounts) as of the Rights Offering Expiration Time pursuant to the amount specified on Schedule I, shall have the right Rights Offering and duly purchase all Rights Offering Shares issuable to obtain up it pursuant to the amount specified on Schedule I such exercise (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitmentcollectively, the unused portion shall be available “Pro Rata Claim Shares”), in accordance with the Rights Offering Procedures and the Plan (with respect to other Borrowers on a pro rata basis in proportion to their Base each of the Reserve Parties, the “Reserve Party Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisions”); provided, howeverthat, that in each case, any Defaulting Commitment Party shall be liable to each non-Defaulting Commitment Party, the total Company and the Reorganized Debtors as a result of any breach of its obligations hereunder. On and subject to the terms and conditions hereof, including the entry of the base Commitments Confirmation Order, each Commitment Party agrees, severally and not jointly, to purchase (or cause certain of its and its affiliates’ managed funds and/or accounts to purchase), and the Reorganized Company shall not exceed sell to such Commitment Party (or such managed funds or accounts), on the lesser Closing Date for the applicable aggregate Per Share Purchase Price, the number of Unsubscribed Shares equal to (x) such Commitment Party’s Commitment Percentage multiplied by (y) the aggregate number of Unsubscribed Shares (together with the obligations of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions Parties to purchase pursuant to the Base preceding sentence, the “Commitment”), rounded among the Commitment Parties solely to avoid fractional shares as the applicable Requisite Commitment Parties may determine in their sole discretion (provided, that in no event shall become effective upon written notice such rounding reduce the aggregate commitment of such Commitment Parties); provided, that any Defaulting Commitment Party shall be liable to each non-Defaulting Commitment Party, the Bank from Company and the Investment Advisor on behalf Reorganized Debtors as a result of the Borrowersany breach of its obligations hereunder.

The Commitment. (a) Subject to and upon the terms and conditions set forth herein, the Bank agrees, at any time and from time to time on and after the Effective Date and prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisions; provided, however, that the total of the base Commitments shall not exceed the lesser of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions to the Base Commitment shall become effective upon written notice to the Bank from the Investment Advisor on behalf of the Borrowers.

The Commitment. (a) Subject to and upon the terms and conditions set forth herein, the Bank agrees, at any time and from time to time on and after the Effective Date and prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisions; provided, however, that the total of the base Commitments shall not exceed the lesser of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions to the Base Commitment shall become effective upon written notice to the Bank from the Investment Advisor on behalf of the Borrowers.

The Commitment. (a) Subject to and upon the terms and conditions set forth hereinin this Agreement, Lender agrees to make, Convert and Continue Loans until the Bank agrees, at any time and from time to time on and after the Effective Maturity Date and prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to in such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular amounts as Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisionsrequest; provided, however, that the total of the base Commitments Outstanding Obligations shall not exceed the lesser Commitment at any time. Not later than sixty (60) days prior to the then current Maturity Date, the Borrower may (on two occasions only) request that the Lender extend the Maturity Date for an additional 364 day period. The Lender's decision to extend the Maturity Date upon the request of the Commitment and, Borrower shall be at the Lender's sole and absolute discretion and Lender may reject Borrower's request to extend the Maturity Date for any particular Borrower, such reason or no reason whatsoever. Lender shall use reasonable efforts to respond to Borrower's Borrowing Baserequest to extend the Maturity Date within thirty (30) days from the date of Lender's receipt of Borrower's request. Any revisions In the event, the Lender does not reply within such thirty (30) day period (for any reason or no reason whatsoever), the Borrower's request for extension shall be deemed to the Base Commitment shall become effective upon have been rejected by Lender, unless Lender provides written notice to Borrower accepting such request after such thirty (30) day period. This is a revolving credit and, subject to the Bank from foregoing and the Investment Advisor on behalf of the Borrowersother terms and conditions hereof, Borrower may borrow, Convert, Continue, prepay and reborrow Loans as set forth herein without premium or penalty.

The Commitment. (a) Subject to and upon the terms and conditions set forth hereinof this Agreement and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, at any time and from time to time on during the period from the date hereof to and after including the Effective Date Termination Date, to make Advances to Borrower up to the Commitment Amount; provided that Lender shall not have any obligation to make any Advance which, when added to the Advances then-outstanding would cause the aggregate principal amount of all such Advances then-outstanding to exceed the Commitment Amount or any Sublimit applicable to the related type of Pledged Mortgage Loan. Except as otherwise provided above with respect to the Commitment Amount, this Agreement is not a commitment by Lender to make Advances to Borrower; rather, it sets forth the procedures to be used in connection with periodic requests by Borrower to obtain Advances from Lender. Except as otherwise provided herein, Borrower hereby acknowledges that Lender is under no obligation to agree to make, or to make, any Advance pursuant to this Agreement. The obligation of Lender to make Advances hereunder up to the Commitment Amount is hereinafter referred to as the “Commitment.” Within the Commitment, Borrower may borrow, repay and reborrow. All Advances under this Agreement shall constitute a single indebtedness, and all of the Collateral shall be security for the Note and for the performance of all the Obligations of Borrower to Lender. If no Default or Event of Default shall have occurred and be continuing hereunder, but Lender nonetheless determines that it shall no longer make any further Advance hereunder, Lender will provide Borrower with written notice of such determination at least thirty (30) calendar days prior to the Expiry Date, at the request of a Borrower, to make Loans (each a "Loan" and, collectively, the "Loans") to date on which such Borrower, which Loans (i) shall, at the option of such Borrower, be Base Rate Loans, LIBOR Loans or NIBOR Loans, provided that all Loans comprising the same Borrowing shall at all times be of the same Type, (ii) may be repaid and reborrowed in accordance with the provisions hereof, and (iii) shall not exceed for any particular Borrower the lesser of such Borrower's Borrowing Base and, when aggregated with all Loans then outstanding, the commitment. If more than one Borrower desires to make a Borrowing on any Business Day, each Borrower, subject to the terms and conditions contained herein, shall have the right to obtain up to the amount specified on Schedule I, shall have the right to obtain up to the amount specified on Schedule I (the "Base Commitment") and to the extent that any Borrower has not requested its Base Commitment, the unused portion shall be available to other Borrowers on a pro rata basis in proportion to their Base Commitment. The Borrowers may from time to time revise their Base Commitment if approved by the Board of Trustees of each Borrower and a copy of any such revisions is furnished to the Bank whereupon Schedule I hereto shall be deemed modified to reflect such revisions; provided, however, that the total of the base Commitments shall not exceed the lesser of the Commitment and, for any particular Borrower, such Borrower's Borrowing Base. Any revisions to the Base Commitment shall become effective upon written notice to the Bank from the Investment Advisor on behalf of the Borrowerscessation will take effect.