Common use of Facility 2 Clause in Contracts

Facility 2. Subject to the terms and conditions of this Agreement (including the limitations set forth in Subparagraph 2.01(c)): (i) Lessor shall, on the Closing Date, purchase (with funds provided by the Participants) (A) the Improvements to the Facility 1 Land (as more fully defined in Schedule 1.01, the "Facility 2 Improvements"), together with any Appurtenant Rights thereto and any other related property; (ii) Immediately upon the purchase by Lessor of the Facility 2 Improvements on the Closing Date, Lessor and Lessee shall execute (A) a Facility 2 Lease Agreement in the form of Exhibit B(2) (the "Facility 2 Lease Agreement"), pursuant to which Lessor will lease to Lessee such property, (B) a Facility 2 Purchase Agreement in the form of Exhibit C(2) (the "Facility 2 Purchase Agreement"), pursuant to which Lessor grants to Lessee the right to purchase such property and (C) a Facility 2 Construction Agency Agreement in the form of Exhibit D (the "Facility 2 Construction Agency Agreement"), pursuant to which Lessee agrees to construct certain improvements to the Facility 2 Improvements; and (iii) During the period beginning on the Closing Date and ending on the first Business Day of the first full calendar month immediately succeeding the earliest of (A) September 30, 1998 (the "Outside Completion Date"), (B) the Completion Date and (C) the date on which the Unused Total Commitment is $0 (such first Business Day to be referred to as the "Commitment Termination Date"), Lessor shall, at the request of Lessee, make additional advances (with funds provided by the Participants) to pay Permitted Improvement Costs and Permitted Transaction Expenses under Facility 2 ("Improvement/Expense Advances").

Facility 2. Subject to the terms and conditions of this Agreement (including the limitations set forth in Subparagraph 2.01(c)): (i) Lessor shall, at the request of Lessee from time to time during the period beginning on the Closing Datedate of this Agreement and ending on December 31, 1997, purchase (with funds provided by the Participants) (AParticipants)(A) the Improvements to Tracts of land described in Exhibit A as the Facility Tract 1 Land and such other Tracts of Land as are to be included in Facility 2 pursuant to Subparagraph 2.01(d) (as more fully defined in Schedule 1.01, the "Facility 2 ImprovementsLand"), together with any Appurtenant Rights thereto thereto; (B) all Improvements to the Facility 1 Land and any to the Facility 2 Land; and (C) other related property; (ii) Immediately upon the purchase by Lessor of the initial property under Facility 2 Improvements on the Closing Date2, Lessor and Lessee shall execute (Ai) a Facility 2 Lease Agreement in the form of Exhibit B(2) (the "Facility 2 Lease Agreement"), pursuant to which Lessor will lease to Lessee such property, (Bii) a Facility 2 Purchase Agreement in the form of Exhibit C(2) (the "Facility 2 Purchase Agreement"), pursuant to which Lessor grants to Lessee the right to purchase such property and (Ciii) a Facility 2 Construction Agency Agreement in the form of Exhibit D (the "Facility 2 Construction Agency Agreement"), pursuant to which Lessee agrees to construct certain improvements to the Tract 1 Land and the Tract 2 Land; (iii) Immediately upon the purchase by Lessor of each additional Tract of Property under Facility 2, Lessor and Lessee shall execute amendments to the Facility 2 ImprovementsLease Agreement, the Facility 2 Purchase Agreement and the Facility 2 Construction Agency Agreement to the extent necessary to add such Tract of land to the land covered thereby; and (iiiiv) During the period beginning on the Closing Acquisition Date for each Tract of Property under Facility 2 and ending on the first Business Day of the first full calendar month immediately succeeding the earliest of (A) September 30June 9, 1998 1999 (the "Outside Completion Date"), (B) the Completion Date and (C) the date on which the Unused Total Commitment is $0 (such first Business Day to be referred to as the "Commitment Termination Date"), Lessor shall, at the request of Lessee, make additional advances (with funds provided by the Participants) to pay Permitted Improvement Costs and Permitted Transaction Expenses for such Tract under Facility 2 ("Improvement/Expense Advances").