Common use of Advance Requests Clause in Contracts

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Article 4 of the Lease.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the Tenant Improvements TIs performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements TIs in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements TIs performed that correspond to the Advance Request, Request each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty fifteen (2015) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by LandlordTenant, the amount of Tenant Improvement TI costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements TIs is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Article Section 4 of the LeaseAmendment.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (ed) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, Request each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty thirty (2030) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Article 4 of the Lease.

Advance Requests. Upon submission When Provider desires for CHF to make an Advance hereunder, Provider shall deliver a written or verbal request for the Advance (the "ADVANCE REQUEST") to CHF no later than 11:00 A.M.. (Eastern standard time) on the day (the "ADVANCE DATE") the Advance is desired (which shall be a Business Day). Each Advance Request must (1) be made by Tenant to Landlord a duly authorized officer or representative of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requestedProvider, (b2) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to specify the amount of the TI Allowance then being Advance requested, (d3) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect state that, to the Tenant Improvements performed that correspond to the Advance Requestbest of his knowledge, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget after giving effect to such contractors, subcontractors or material suppliers), as elected by LandlordAdvance, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above 2.1.4 shall not have been exceeded by the making of such Advance, and Article 4 (4) concurrent with the execution of this Agreement by Provider and concurrent with each request for an Advance and on the thirtieth (30th) day of each month during the term of this Agreement, Provider shall deliver to CHF a fully completed Borrowing Base Certificate (in form as set forth in Annex IV to this Agreement) certified by the Chief Executive Officer, Chief Financial Officer, or Controller of Provider as being true and correct as of the Leaselast day of the immediately preceding business week. Concurrent with the delivery of the Borrowing Base Certificate, Provider shall provide a written report to CHF of all disputes and claims in excess of $1,000.00. If Provider fails to deliver to CHF the Borrowing Base Certificate on the date when due, then notwithstanding any other provisions contained in this Agreement to the contrary, CHF shall not make any Advances to Provider until the Borrowing Base Certificate is delivered to CHF. Prior to the funding of any such requested Advance, Provider shall provide to CHF all documentation described elsewhere herein and such other documentation requested by CHF, including but not limited to, the following information (collectively, the "RECEIVABLES REPORT"): (A) a summary of billings to Medicare, Medicaid, all xxxxx Xhird Party Payors and contracted staffing services, (B) a copy of every remittance advice received, (C) such invoices, receipts and other back-up as may be requested by CHF, (D) all Government Audit reports, as described below and (E) quarterly Periodic Interim Payment (PIP) Review and the quarterly Periodic Interim Payment (PIP) Review Letter. CHF may make all or a portion of such requested Advance if it believes in good faith that such request has been properly given by a duly authorized officer or representative of Provider. Each request for an Advance hereunder shall be deemed to be a representation to CHF by Provider that all of the representations and warranties set forth herein are true and correct in all material respects on the date of such request (except for representations and warranties that by their terms are made only as of a specific date).

Advance Requests. Upon submission by Tenant In order to Landlord of request an Advance under a Development Loan, Borrower shall furnish to Lender, all in form and substance acceptable to Lender, at least two (a2) a statement Business Days prior to the requested Advance (or at such later date as may be acceptable to Lender in its sole discretion): (A) Borrower’s request therefor (each an “Advance Request”) setting forth in the total form reasonably acceptable to Lender and otherwise in accordance with the terms and conditions of this Agreement, (B) all Development Asset Agreements applicable to the Development Assets to which the Advance Request relates, and (C) all such other documents, instruments, and agreements reasonably requested by Lender in connection with any of the foregoing. The amount of the TI Allowance requested, Advance requested in the Advance Request shall not exceed: (b) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000I) with respect to previous payments any Advance, the Development Loan Advance Rate multiplied by the Eligible Costs of the specific Development Assets, as set forth in the Budget to which the Advance Request relates, or (II) together with all prior Advances previously made by either Landlord or Tenant for Lender to Borrower under the Tenant Improvements in a form acceptable applicable Development Loan, the then applicable Development Loan Amount. Each such Advance Request shall be deemed to Landlord be Borrower’s request that Lender, and complying with Applicable Laws and (e) conditional lien releases irrevocable authorization to Lender to, disburse the funds requested by such Advance Request from the general contractor proceeds of the applicable Development Loan in accordance with this Agreement and each subcontractor such Advance Request. Under no circumstances shall Lender be responsible or liable to any Person, for or on account of any disbursement of, or failure to disburse, any Advance or any part thereof, and material supplier no such Person shall have any right or claim against Lender under this Agreement or in connection with the administration of the Development Line of Credit or any Development Loan (provided that the foregoing shall not relieve Lender of its express obligations to Borrower pursuant to, and subject to the terms and conditions of, the Loan Documents). To the extent that Lender may acquiesce (whether intentionally or unintentionally) in Borrower’s failure to comply with and satisfy any condition precedent to any Advance, such acquiescence shall not constitute a waiver by Lender of any condition precedent set forth in this Agreement or any other Loan Document with respect to the Tenant Improvements performed that correspond any other Advance requested by Borrower, and Lender at any time thereafter may require Borrower to the Advance Request, each in a form acceptable to Landlord comply with and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord satisfy all conditions and requirements of an Advance Request this Agreement and the accompanying materials required other Loan Documents, as applicable, with respect to any such Advance requested by this SectionBorrower. Borrower may write checks on the applicable Special Account to pay for items on the Schedule of Ineligible Costs as and when such items are incurred as set forth on the Budget for the respective Development Project. Upon Lender’s request from time to time, pay Borrower shall provide Lender a written accounting of Ineligible Costs incurred and paid for from the applicable Special Account, along with such invoices and receipts as Lender reasonably requests. To the extent any funds remain in the applicable Special Account after the applicable Development Project is completed, Lender may apply such remaining funds to the applicable contractorsDevelopment Loan. Business Capital Form – January, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Article 4 of the Lease.2017 Loan Agreement – Single Borrower

Advance Requests. Upon submission by Tenant When the Borrower wants to Landlord receive an Aggregate Advance hereunder (other than to cover an interest payment due pursuant to Section 2.04 hereof), the Borrower shall submit a written request for an Advance to each Subordinated Lender (or to Cxxxxxxx Xxxxx only, in the case of Advances as to which his Commitment Percentage equals 100%), which shall set forth (a1) a detailed statement (an “Advance Request”) setting forth the total amount of the TI Allowance requestedproposed use of the Advance funds (including specific listing of the operating expenses of the Borrower to be paid with such Advance funds), (b2) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being Aggregate Advance requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth the Advance requested from each Subordinated Lender (which shall equal such Subordinated Lender’s Commitment Percentage of the Aggregate Advance requested), and (3) the requested Funding Date (such items collectively, a “Funding Package”). Each Subordinated Lender shall evaluate whether to approve an Advance within five Business Days after its receipt of the Funding Package and request any other items reasonably requested by such Subordinated Lender, and shall communicate such decision to the Borrower within such five Business Day period. A Subordinated Lender’s decision whether to approve any Advance shall be solely within such Subordinated Lender’s discretion. With the prior written consent of the Senior Lenders, the Borrower may draw an Advance in order to pay interest due pursuant to Section 2.04 hereof on the Subordinated Notes on any Payment Date occurring prior to the Maturity Date by notifying each Subordinated Lender of its request to do so, in writing, at least two Business Days prior to such Advance Request; provided, however, that Landlord shall not be obligated to make any payments Payment Date. Advances requested under this Section until 2.02(a), not including Advances drawn to cover interest accrued on the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject Subordinated Notes prior to the payment limits set forth in Section 6.2 above and Article 4 of the LeaseMaturity Date, may not exceed $350,000.

Advance Requests. Upon submission by Tenant For each request for an Advance, Borrowers shall submit to Landlord Lender, at least five (5) business days prior to the requested date of disbursement, a completed written disbursement request (a) a statement (each, an “"Advance Request”") setting forth the total amount of the TI Allowance requestedin such form and detail as required by Lender, (b) together with a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to check in the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits inspection fee set forth in Section 6.2 above and Article 4 2.3(2) hereof. All Advances of the LeaseConstruction Loan shall be made from time to time as construction progresses upon written application of Borrowers pursuant to an Advance Request. Borrowers shall file Advance Requests with Lender no more frequently than monthly, covering work performed since the prior Advance Request. Each Advance Request shall certify in detail, acceptable to Lender, the cost of the labor that has been performed and the materials that have been incorporated into the Project and all Indirect Costs that have been incurred since the date of the previous Advance, and shall be accompanied by such supporting data as Lender may require, including, without limitation, receipts, vouchers, invoices, waivers of mechanic's and materialmen's liens, and AlA Forms G702 and G703 certified by the General Contractor and, if required by Lender, the Architect or engineer for the Project. The proceeds of each Advance shall be used by Borrowers solely to pay or as reimbursement for the obligations for which the Advance is sought. Each Advance Request shall constitute a representation by Borrowers that the work done and the materials supplied to the date thereof are in accordance with the Plans and Specifications; that the work and materials for which payment is requested have been physically incorporated into the Project; that the value is as stated; that the work and materials conform with all applicable rules and regulations of the public authorities having jurisdiction; that payment for the items described in such Advance Request has been made or will be made with the proceeds of the Advance for which the Advance Request was submitted; that such Advance Request is consistent with the Budget; that the proceeds of the previous Advance have been actually paid by Borrowers in accordance with the approved Advance Request for such previous Advance; and that no Event of Default or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing.

Advance Requests. Upon submission by Tenant Subject to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount compliance with all of the TI Allowance requestedconditions of this Agreement and the remaining Loan Documents, (b) a summary Lender shall, at its sole and absolute discretion, make Advances of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices Loan funds from the general contractor, Call Center Proceeds to Borrower as requested by Borrower in accordance with the architect, and provisions of this Agreement. Borrower may require the disbursement of all or any subcontractors, material suppliers and other parties requesting payment with respect to part of the amount of the TI Allowance then being requested, (d) unconditional lien releases from Call Center Proceeds at any time before the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect Maturity Date unless an Enforcement Event has occurred. Each Advance Request must be made pursuant to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty (20) days following receipt by Landlord of an Advance Request and form substantially in the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval form of the Approved Budget Advance Request form attached hereto as Exhibit "C", and must be signed by a properly authorized official of the Borrower. Prior evidence of such authority, satisfactory to such contractorsLender in its sole discretion, subcontractors or material suppliers)must be made available to Lender. In addition, as elected by Landlord, each Advance Request (i) shall specify the amount of Tenant Improvement costs set forth in the Advance requested and contain instructions for its disbursement, (ii) shall attach such Advance Request; providedsupporting documentation as is reasonably requested by Lender from time to time, however, and (iii) shall certify that Landlord Borrower shall not use the funds to be obligated disbursed to make any payments under this Section until the budget it by Lender exclusively for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits purposes set forth in Section 6.2 above 2.2(b) of this Agreement. Furthermore, each Advance Request shall be irrevocable and Article 4 binding on Borrower and shall be delivered to Lender by telecopier or telex, confirmed immediately in writing by courier. Lender shall not be required to disburse Advances during the existence of any Enforcement Event, and shall not be required to approve any Advance Request for an amount less than US$50,000. All Advance Requests must be supported by a certificate from Borrower stating that the Leaseamounts requested have been spent or incurred, accompanied by paid invoices, canceled checks, receipts or other proof of payment satisfactory to Lender with respect to all costs covered by the previous Advance Requests, and any other document that Lender may reasonably request.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, requested and (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor subcontractor, professional service provider and material supplier with respect to the Tenant Improvements performed that correspond to the Advance Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within twenty thirty (2030) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Landlord, the amount of Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Article 4 of the Lease. Notwithstanding the foregoing, Landlord shall either pay or reimburse Tenant, as applicable, for the costs and expenses set forth in Subsection 4.2(s) of the Lease, in accordance with that Subsection, within fifteen (15) days after Tenant’s submission to Landlord of invoices or receipts, as applicable, reasonably acceptable to Landlord for such items. Additionally, within fifteen (15) days after any final payment to any applicable contractor, subcontractor, professional service provider or material supplier, Tenant shall deliver to Landlord an unconditional waiver and release of lien upon payment from such contractor, subcontractor, professional service provider or material supplier in a form acceptable to Landlord and complying with Applicable Laws.