Additional Conditions to Advances. Each advance of the Loans shall be subject, in addition to the other limitations and conditions set forth herein, to, at Administrative Agent’s request, Administrative Agent’s receipt of a certificate, of the sort required by paragraph (3)(b) of Section 6.09, which shall demonstrate each Borrower’s and TRG’s compliance, as of the end of the most recently ended calendar quarter for which financial results are required hereunder to have been reported by each Borrower and TRG (and taking into account pro-forma adjustments for all acquisitions and Dispositions subsequent to the end of such quarter required to be reported pursuant to paragraph (6) of Section 6.09), with all covenants enumerated in said paragraph (3)(b), assuming that the amount that will be outstanding under the Loans following the making of the advance that is being requested was outstanding as of the end of such most recently ended calendar quarter. For purposes of the definition of “Applicable Margin” in Section 1.01, the Property Debt Yield shall be adjusted in accordance with the foregoing covenant compliance calculations (i) as of the date of each advance of the Loans, (ii) as of each date that financial results are or were required to be reported in accordance with Section 6.09(3), whichever is earlier, and (iii) as of the date of release or addition of a Property in accordance with Section 12.06.
Additional Conditions to Advances. Bank shall have the right to condition any Advance upon Bank’s receipt and approval of the following, each in form and content acceptable to Bank and, as applicable, Title Insurer:
(a) The Draw Request.
(b) Bills, invoices, documents of title, vouchers, statements, receipts and any other documents evidencing the total amount expended, incurred or due for any requested line item shown in the Project Budget.
(c) Evidence of Borrower’s use of a lien release, joint check or voucher system acceptable to Bank for payments or disbursements to Contractor or to such Persons as have actually supplied labor, materials or services in connection with the construction of the Improvements, including, but not limited to, a conditional lien waiver signed by each contractor, subcontractor and supplier as to amounts to be disbursed together with an unconditional lien waiver as to all amounts previously disbursed, all In compliance with applicable law;
(d) Architect’s, inspector’s and/or engineer’s periodic certifications of the percentage and/or stage of construction that has been completed and its conformance to the Plans and any Governmental Requirement based upon such architect’s, inspector’s and/or engineer’s periodic physical inspections of the Real Property and Improvements.
(e) Waivers and releases of any recorded mechanic’s lien, stop notice claim, equitable lien claim or other lien claim rights.
(f) Any other documents, requirements, evidence or information that Bank may request under any provision of the Loan Documents.
(g) Evidence that any goods, materials, supplies, fixtures or other work in progress for which disbursement is requested have been incorporated into the Improvements.
(h) In the event any Draw Request includes the cost of Offsite Materials, such Draw Request shall include each of the following: (i) evidence that the Offsite Materials have been purchased by Borrower, have been segregated from other materials in the facility where they are stored and have been appropriately marked to indicate Borrower’s ownership thereof and Bank’s security interest therein; (ii) evidence that the Offsite Materials are insured as required by this Agreement; and (iii) at Bank’s request, a security agreement, financing statement, acknowledgment, and/or subordination agreement in form and content satisfactory to Bank executed by the supplier of the Offsite Materials, and/or such other Persons as Bank determines may have an interest in or claim to the Offsite Materials, t...
Additional Conditions to Advances. 101 SECTION 11.1. Conditions to All Advances........................... 101 ARTICLE 12. EVENTS OF DEFAULT; ACCELERATION; ETC......................... 102 SECTION 12.1. Events of Default and Acceleration................... 102
Additional Conditions to Advances. 9.01. Conditions Precedent to an Initial Advance Based on Ericsson Related Expenses with Respect to Any Operating Subsidiary or License Subsidiary.............. 133 9.02. Conditions to All Advances.............................. 133 9.03. Conditions to Tranche Z Advances........................ 134 ARTICLE X
Additional Conditions to Advances. Conditions Precedent to an Initial Advance Based on Attributed Expenses with Respect to Any Operating Subsidiary or License Subsidiary..............................................107 9.02. Conditions to All Advances............................................107 ARTICLE X
Additional Conditions to Advances. In addition to all other terms and conditions set forth herein, Advances shall be subject to satisfaction of all of the following conditions and limitations:
Additional Conditions to Advances. (a) If at any time Agent determines in its sole discretion after consulting with an independent construction consultant that the then cost to complete any project that constitutes the Approved Capital Expenses is in excess of the amount set forth on the CapEx Budget for such project (subject to Borrower’s right to amend a CapEx Budget pursuant to Section 2.5.2(a)(vii) hereof), then Lender shall have no obligation to make any Advances for Approved Capital Expenses unless Borrower pays out‑of‑pocket from Borrower Equity all Approved Capital Expenses in respect of such project until the cost to complete such project is equal to the remaining unfunded portion of the Future Cap‑Ex Advance Amount hereunder and the “Future Cap‑Ex Advance Amount” under and as such term is defined in the Mezzanine Loan Agreement, in each case allocated to such project in accordance with such CapEx Budget (as based on evidence reasonably acceptable to Agent) (and thereafter Advances for Approved Capital Expenses shall again be made pursuant to this Agreement).
Additional Conditions to Advances. Each advance of the Loans shall be subject, in addition to the other limitations and conditions set forth herein, to, at Administrative Agent's request, Administrative Agent's receipt of a certificate, of the sort required by paragraph (3)(b) of Section 6.09, which shall demonstrate Borrower's compliance, as of the end of the most recently ended calendar quarter for which financial results are required hereunder to have been reported by Borrower (and taking into account pro-forma adjustments for all acquisitions and Dispositions subsequent to the end of such quarter required to be reported pursuant to paragraph (7) of Section 6.09), with all covenants enumerated in said paragraph (3)(b), assuming that the amount that will be outstanding under the Loans following the making of the advance that is being requested was outstanding as of the end of such most recently ended calendar quarter.
Additional Conditions to Advances. Conditions Precedent to an Initial Advance Based on Ericsson Related Expenses with Respect to Any Operating Subsidiary or License Subsidiary 115 9.02. Conditions to All Advances 115 ARTICLE X EVENTS OF DEFAULT; ACCELERATION; ETC.
Additional Conditions to Advances. On the Advance Date:
(a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) any other documents Agent may reasonably request.
(b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date.
(c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.
(d) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.
