Common use of Advances, Generally Clause in Contracts

Advances, Generally. Notwithstanding anything herein to the contrary, (i) the total cumulative aggregate amount of all Advances hereunder shall not exceed the Maximum Facility Amount, (ii) Lender shall have no obligation whatsoever to make any Advance unless and until each of the applicable conditions precedent to the making of such Advance set forth in this Agreement have been satisfied and unless and until Borrower provide any other information required by Lender in its reasonable discretion, (iii) Lender shall be solely responsible for determining in its reasonable discretion whether the applicable conditions precedent to the making of any Advance have been satisfied, (iv) Lender shall have no obligation whatsoever to make any Advance at any time after the Stabilization Date, (v) after any Principal Indebtedness is repaid, Lender shall have no obligation whatsoever to re-advance any amount repaid, (vi) Lender shall have no obligation whatsoever to make any Advance hereunder after the occurrence and during the continuance of a Default or an Event of Default, (vii) all conditions and requirements of this Agreement relating to the obligations of Lender to make Advances are for the sole benefit of the parties hereto, and no other person or party shall have the right to rely on the satisfaction of such conditions and requirements by Borrower as a condition precedent to Lender making any Advance, (viii) in connection with each Advance and as a condition precedent to each Advance, Borrower shall execute and/or deliver to Lender additions, amendments, modifications and supplements to the items set forth in Article III or otherwise as required by Lender, including without limitation, to any or all of the Loan Documents, and shall provide Lender with the full benefit of the security intended to be provided under the Loan Documents and without in any way limiting the foregoing, such additions, amendments, modifications and supplements shall include those deemed desirable by Lender's counsel in the jurisdiction in which the Facility is located, and (ix) the submittal by Borrower of the Request for Advance and/or the making of each Advance shall constitute, without the necessity of specifically containing a written statement to such effect, a confirmation, representation and warranty by Borrower to Lender that all of the applicable conditions to be satisfied in connection with the making of such Advance have been satisfied (unless waived by Lender in accordance with Section 8.4,) and that all of the representations and warranties of Borrower set forth in the Loan Documents are true and correct as of the date of the relevant Advance.

Advances, Generally. Notwithstanding anything herein to the contrary, (i) the total cumulative aggregate amount of all Advances hereunder shall not exceed the Maximum Facility Amount, (ii) Lender shall have no obligation whatsoever to make any Advance unless and until each of the applicable conditions precedent to the making of such Advance set forth in this Agreement have been satisfied and unless and until Borrower provide provides any other information required by Lender in its reasonable discretion, (iii) Lender shall be solely responsible for determining in its reasonable discretion whether the applicable conditions precedent to the making of any Advance have been satisfied, (iv) Lender shall have no obligation whatsoever to make more than two Additional Facility Advances, each of which shall be no closer in time than thirty (30) days and in no event shall Lender have any Advance obligation to make any Additional Facility Advances at any time after the Stabilization Additional Facility Termination Date, (v) after any Principal Indebtedness is repaid, Lender shall have no obligation whatsoever to re-advance any amount repaid, (vi) Lender shall have no obligation whatsoever to make any Advance hereunder after the occurrence and during the continuance of a Default or an Event of Default, (vii) all conditions and requirements of this Agreement relating to the obligations of Lender to make Advances are for the sole benefit of the parties hereto, and no other person or party shall have the right to rely on the satisfaction of such conditions and requirements by Borrower as a condition precedent to Lender making any Advance, (viii) in connection with each Advance and as a condition precedent to each Advance, Borrower shall execute and/or deliver to Lender additions, amendments, modifications and supplements to the items set forth in Article III or otherwise as required by Lender, including without limitation, to any or all of the Loan Documents, and shall provide Lender with the full benefit of the security intended to be provided under the Loan Documents and without in any way limiting the foregoing, such additions, amendments, modifications and supplements shall include those deemed desirable by Lender's counsel in the jurisdiction in which the Facility is located, and (ix) the submittal by Borrower of the Request for Advance and/or the making of each Advance shall constitute, without the necessity of specifically containing a written statement to such effect, a confirmation, representation and warranty by Borrower to Lender that all of the applicable conditions to be satisfied in connection with the making of such Advance have been satisfied (unless waived by Lender in accordance with Section 8.4,) and that all of the representations and warranties of Borrower set forth in the Loan Documents are true and correct as of the date of Advance and (x) unless Lender otherwise agrees, all Advances other than the relevant AdvanceClosing Date Advance shall be funded on a Payment Date.

Advances, Generally. Notwithstanding anything herein (a) Each Notice of Borrowing and Notice of Conversion shall be irrevocable and binding on the Borrower giving it. In the case of any Borrowing or Conversion (other than one comprised solely of Base Rate Advances), the Borrower giving such Notice, if any, shall indemnify each Lender against any loss or expense incurred by such Lender as a result of any failure of such Borrower to fulfill on or before the contrary, (i) the total cumulative aggregate amount of all Advances hereunder shall not exceed the Maximum Facility Amount, (ii) Lender shall have no obligation whatsoever to make any Advance unless and until each of date specified for such Borrowing or Conversion the applicable conditions precedent to the making of such Advance set forth in this Agreement have been satisfied and unless and until Borrower provide any other information required by Lender in its reasonable discretion, (iii) Lender shall be solely responsible for determining in its reasonable discretion whether the applicable conditions precedent to the making of any Advance have been satisfied, (iv) Lender shall have no obligation whatsoever to make any Advance at any time after the Stabilization Date, (v) after any Principal Indebtedness is repaid, Lender shall have no obligation whatsoever to re-advance any amount repaid, (vi) Lender shall have no obligation whatsoever to make any Advance hereunder after the occurrence and during the continuance of a Default or an Event of Default, (vii) all conditions and requirements of this Agreement relating to the obligations of Lender to make Advances are for the sole benefit of the parties hereto, and no other person or party shall have the right to rely on the satisfaction of such conditions and requirements by Borrower as a condition precedent to Lender making any Advance, (viii) in connection with each Advance and as a condition precedent to each Advance, Borrower shall execute and/or deliver to Lender additions, amendments, modifications and supplements to the items set forth in Article III or otherwise as required by LenderIII, including if any, including, without limitation, to any loss or all expense incurred by reason of the Loan Documents, and shall provide liquidation or reemployment of deposits or other funds acquired by such Lender with to fund the full benefit of the security intended Advance to be provided under made by such Lender as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. 17 (b) Unless the Loan Documents and without in Administrative Agent shall have received notice from a Lender prior to the date of any way limiting Borrowing that such Lender will not make available to the foregoing, Administrative Agent such additions, amendments, modifications and supplements shall include those deemed desirable by Lender's counsel in the jurisdiction in which the Facility is located, and (ix) the submittal by Borrower of the Request for Advance and/or the making of each Advance shall constitute, without the necessity of specifically containing a written statement to such effect, a confirmation, representation and warranty by Borrower to Lender that all of the applicable conditions to be satisfied in connection with the making ratable portion of such Advance have been satisfied Borrowing, the Administrative Agent may (unless waived by but shall not be obligated to) assume that such Lender has made such portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 8.4,2.1 hereof and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent such Lender shall not have so made such portion available to the Administrative Agent, such Lender and such Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the Administrative Agent, at the Federal Funds Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance as part of such Borrowing for purposes of this Agreement. (c) and that all The failure of any Lender to make the representations and warranties Advance to be made by it as part of Borrower set forth in the Loan Documents are true and correct as any Borrowing shall not relieve any other Lender of its obligation, if any, hereunder to make its Advance on the date of such Borrowing, but no Lender shall be responsible for the relevant Advancefailure of any other Lender to make the Advance to be made by such other Lender on the date of any Borrowing.