Common use of Total Construction Loan Commitment Clause in Contracts

Total Construction Loan Commitment. Subject to Section 2.3.5(a), the aggregate principal amount of all Tranche A Construction Loans outstanding at any time shall not exceed the then current Committed Tranche A Construction Loan Dollar Amount or, if the then current Committed Tranche A Construction Loan Dollar amount is (1) reduced by Borrower pursuant to Section 2.3.6(a) or (2) automatically reduced pursuant to Section 2.3.6(b), such adjusted Committed Tranche A Construction Loan Dollar Amount (such then current Committed Tranche A Construction Loan Dollar Amount, as so adjusted from time to time, the "Total Construction Loan Commitment"). The amount of each Bank's and each Lender Group's Construction Loan Commitment is set forth in Exhibit I hereto (which Exhibit shall be automatically amended without further action (x) upon the assignment of any Bank's and each Lender Group's Construction Loan Commitment in accordance with the terms hereof to give effect to any such assignment, (y) upon the addition of a Tranche A Bank or Tranche A Lender Group hereunder pursuant to a Joinder Agreement entered into in accordance with Section 9.17 or (z) upon any adjustment of the Total Construction Loan Commitment in accordance with this Section 2.3.2 to give effect to any such adjustment). The amount of each Related Bank's Parallel Funding Commitment is set forth in Exhibit I hereto (which Exhibit shall be automatically amended without further action (x) upon the assignment of any Related Bank's Parallel Funding Commitment in accordance with the terms hereof to give effect to any such assignment, (y) upon the addition of a Related Bank hereunder pursuant to a Joinder Agreement entered into in accordance with Section 9.17 or (z) upon any adjustment of the Construction Loan Commitment of such Related Bank's Tranche A Lender Group in accordance with this Section 2.3.2 to give effect to any such adjustment). (bb) Section 2.3.3 is amended by (x) inserting "(other than the Stated Amount of all Secondary Letters of Credit, and related Project LC Loans and Reimbursement Obligations, all on account of Tranche B Banks that are not Tranche A Banks)" after "Total Working Capital/Project LC Outstandings", (y) replacing "," at the end of clause (1) with "or" and (z) deleting "or (3) automatically increased pursuant to the proviso to Section 2.3.6(b)(ii)". (cc) Section 2.3.4 is amended by replacing the text with "Intentionally omitted." (dd) Section 2.3.5(c) is amended by replacing the text with "Intentionally omitted." (ee) Section 2.3.6(a) is amended by (x) deleting "or the Total DSR LC Commitment", (y) replacing "Construction Loans" in clause (i) with "Tranche A Construction Loans" and (z) replacing the text in clause (iii) with "Intentionally omitted." (ff) Section 2.3.6(b)(ii) is amended by replacing the text with "Intentionally omitted." (gg) Section 2.4.3(a) is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears and (y) replacing "quarter" with "month" each time it appears. (hh) Section 2.4.3(b) is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears, (y) replacing "quarter" with "month" each time it appears and (z) replacing "Banks" with "Tranche A Banks". (ii) Section 2.4.3(c) is amended by replacing the text with "Intentionally omitted." (jj) Section 2.4.4 is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears and (y) replacing "quarter" with "month" each time it appears. (kk) Section 2.4.5 is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears, (y) replacing "quarter" with "month" each time it appears and (z) inserting "Notwithstanding the terms of the LC Fee Letter, such fronting fees shall be increased to .25%." after the first sentence. (ll) Section 2.5.5 is amended by (x) inserting "(subject to Section 11.20)" after "shall be applied" and (y) replacing clauses (a), (b) and (c) with the following: (a) first, to any fees, costs, charges or expenses payable to Administrative Agent, the LC Bank, the Banks and the Lenders Groups hereunder or under the other Credit Documents (other than in connection with the Tranche B Obligations or the Interest Rate Agreements), (b) second, to any accrued but unpaid interest then due and owing in respect of the Obligations (other than Tranche B Construction Loans and Interest Rate Agreements), (c) third, to outstanding principal then due and owing or otherwise to be prepaid in respect of Tranche A Construction Loans and Working Capital Loans, pro rata, (d) fourth, to outstanding principal then due and owing or otherwise to be prepaid in respect of Project LC Loans on account of Primary Letters of Credit, (e) fifth, to cash collateralize Primary Letters of Credit outstanding in an amount up to 105% of the face amount thereof, (f) sixth, to any accrued but unpaid interest and fees, costs, charges and expenses then due and owing in respect of the Tranche B Construction Loans and interest due and owing in respect of Interest Rate Agreements, pro rata, (g) seventh, to outstanding principal then due and owing or otherwise to be prepaid in respect of Tranche B Construction Loans and Interest Rate Agreements, pro rata (h) eighth, to outstanding principal then due and owing or otherwise to be prepaid in respect of Project LC Loans on account of Secondary Letters of Credit, (i) ninth, to cash collateralize Secondary Letters of Credit outstanding in an amount up to 105% of the face amount thereof, and (j) tenth, to outstanding principal then due and owing or otherwise to be prepaid in respect of the other Obligations."

Total Construction Loan Commitment. Subject to Section 2.3.5(a), the aggregate principal amount of all Tranche A Construction Loans outstanding at any time shall not exceed the then current Committed Tranche A Construction Loan Dollar Amount or, if the then current Committed Tranche A Construction Loan Dollar amount Amount is (1) reduced by Borrower pursuant to Section 2.3.6(a) or ), (2) automatically reduced pursuant to Section 2.3.6(b) or (3) automatically increased pursuant to the proviso to Section 2.3.6(b)(ii), such adjusted Committed Tranche A Construction Loan Dollar Amount (such then current Committed Tranche A Construction Loan Dollar Amount, as so adjusted from time to time, the "Total Construction Loan Commitment"). The amount of each Bank's and each Lender Group's Construction Loan Commitment is set forth in Exhibit I hereto (which Exhibit shall be automatically amended without further action (x) upon the assignment of any Bank's and each or any Lender Group's Construction Loan Commitment in accordance with the terms hereof to give effect to any such assignment, (y) upon the addition of a Tranche A Bank or Tranche A Lender Group hereunder pursuant to a Joinder Agreement entered into in accordance with Section 9.17 or (z) upon any adjustment of the Total Construction Loan Commitment in accordance with this Section 2.3.2 to give effect to any such adjustment). The amount of each Related Bank's Parallel Funding Commitment is set forth in Exhibit I hereto (which Exhibit shall be automatically amended without further action (x) upon the assignment of any Related Bank's Parallel Funding Commitment in accordance with the terms hereof to give effect to any such assignment, (y) upon the addition of a Related Bank hereunder pursuant to a Joinder Agreement entered into in accordance with Section 9.17 or (z) upon any adjustment of the Construction Loan Commitment of such Related Bank's Tranche A Lender Group in accordance with this Section 2.3.2 to give effect to any such adjustment). (bb) Section 2.3.3 is amended by (x) inserting "(. Notwithstanding anything to the contrary contained in this Agreement or any other than Credit Document, the Stated Amount aggregate principal amount of all Secondary Letters of Credit, and related Project LC Construction Loans and Reimbursement Obligations, all on account of Tranche B Banks that are outstanding shall not Tranche A Banks)" after "Total Working Capital/Project LC Outstandings", (y) replacing "," exceed $1,052,142,375 at the end of clause (1) with "or" and (z) deleting "or (3) automatically increased pursuant any time prior to the proviso to Section 2.3.6(b)(ii)". (cc) Section 2.3.4 is amended by replacing date on which the text with "Intentionally omitted." (dd) Section 2.3.5(c) is amended by replacing the text with "Intentionally omitted." (ee) Section 2.3.6(a) is amended by (x) deleting "or the Total DSR LC Commitment", (y) replacing "Construction Loans" in clause (i) with "Tranche A Construction Loans" and (z) replacing the text in clause (iii) with "Intentionally omitted." (ff) Section 2.3.6(b)(ii) is amended by replacing the text with "Intentionally omitted." (gg) Section 2.4.3(a) is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears and (y) replacing "quarter" with "month" each time it appears. (hh) Section 2.4.3(b) is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears, (y) replacing "quarter" with "month" each time it appears and (z) replacing "Banks" with "Tranche A Banks". (ii) Section 2.4.3(c) is amended by replacing the text with "Intentionally omitted." (jj) Section 2.4.4 is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears and (y) replacing "quarter" with "month" each time it appears. (kk) Section 2.4.5 is amended by (x) replacing "Quarterly Date" with "Monthly Date" each time it appears, (y) replacing "quarter" with "month" each time it appears and (z) inserting "Notwithstanding the terms of the LC Fee Letter, such fronting fees shall be increased to .25%." after the first sentence. (ll) Section 2.5.5 is amended by (x) inserting "(subject to Section 11.20)" after "shall be applied" and (y) replacing clauses (a), (b) and (c) with the following: (a) first, to any fees, costs, charges or expenses payable to Administrative Agent, the LC Bank, the Banks and the Lenders Groups fourth Project becomes an Approved Project hereunder or under the other Credit Documents (other than in connection with the Tranche B Obligations or the Interest Rate Agreementsa substitution of a Substitute Project for an Approved Project in accordance with Section 3.11), (b) second, to any accrued but unpaid interest then due and owing in respect of the Obligations (other than Tranche B Construction Loans and Interest Rate Agreements), (c) third, to outstanding principal then due and owing or otherwise to be prepaid in respect of Tranche A Construction Loans and Working Capital Loans, pro rata, (d) fourth, to outstanding principal then due and owing or otherwise to be prepaid in respect of Project LC Loans on account of Primary Letters of Credit, (e) fifth, to cash collateralize Primary Letters of Credit outstanding in an amount up to 105% of the face amount thereof, (f) sixth, to any accrued but unpaid interest and fees, costs, charges and expenses then due and owing in respect of the Tranche B Construction Loans and interest due and owing in respect of Interest Rate Agreements, pro rata, (g) seventh, to outstanding principal then due and owing or otherwise to be prepaid in respect of Tranche B Construction Loans and Interest Rate Agreements, pro rata (h) eighth, to outstanding principal then due and owing or otherwise to be prepaid in respect of Project LC Loans on account of Secondary Letters of Credit, (i) ninth, to cash collateralize Secondary Letters of Credit outstanding in an amount up to 105% of the face amount thereof, and (j) tenth, to outstanding principal then due and owing or otherwise to be prepaid in respect of the other Obligations."