Advance Limitations. Regardless of the number of Advance Shares requested by the Company in the Advance Notice, the final number of Shares to be issued and sold pursuant to an Advance Notice shall be reduced (if at all) in accordance with each of the following limitations:
Advance Limitations. Regardless of the Advance amount requested by the Company in the Advance Notice, the final amount of the Advance shall be reduced in accordance with each of the following limitations:
Advance Limitations. In addition to any other Loan conditions, requests for, and access to, advances are subject to the following limitations.
Advance Limitations. The advances made by Lessor to purchase property under the Facilities (collectively, the "Acquisition Advances") and the Improvement/Expense Advances made by Lessor under Facility 2 (the Acquisition Advances and the Improvement/Expense Advances to be referred to collectively as the "Advances") shall be subject to the following limitations:
Advance Limitations. The Request for an Advance shall be irrevocable, made in the time frame as specified in Section 2.4 hereof, and shall be for the amount of the Loan specified in Section 2.1 hereof.
Advance Limitations. Advances priced under the Libor Option must be a minimum of $500,000.00 each and increasing in increments of $100,000.00 above $500,000.00. LENDER'S RIGHTS. An exhibit, titled "LENDER'S RIGHTS," is attached to this Note and by this reference is made a part of this Note just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note.
Advance Limitations. Lender shall have no obligation to make an Advance if the undisbursed portion of the Loan Amount is less than the unpaid costs of Completion of the Work.
Advance Limitations. Notwithstanding any conflicting provision of this Agreement, or any of the other Loan Documents, Lender shall have no obligation to (but may at its sole option and its absolute discretion) make any requested Advance from the 5 Loan at any time that the outstanding principal balance of the indebtedness evidenced by the Note exceeds (or if such Advance would cause such principal balance to exceed) the Maximum Available Amount.
Advance Limitations. With respect to each Advance that is not a Big Advance (i) the amount for each Advance as designated by the Company in the applicable Advance Notice shall not be more than the Daily Maximum Advance Amount, (ii) the aggregate amount of all Advances and Big Advances pursuant to this Agreement shall not exceed the Commitment Amount, (iii) in no event shall the number of shares of Common Stock issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act) by the Investor and its affiliates to exceed 4.99% of the then outstanding Common Stock (the “Ownership Limitation”) and (iv) under no circumstances shall the aggregate offering price or number of Shares, as the case may be, exceed the aggregate offering price or number of Shares, as the case may be, available for issuance under the Registration Statement (the “Registration Limitation”). Notwithstanding any other provision in this Agreement, the Company acknowledges and agrees that upon receipt of an Advance Notice, the Investor may sell shares that it is unconditionally obligated to purchase under such Advance Notice prior to taking possession of such shares.
Advance Limitations. In addition to any other terms and conditions, requests for, and access to, advances are subject to the following limitations:
