Additional Disbursement Conditions. At no time and in no event shall the Syndication Parties be obligated to make Advances:
Additional Disbursement Conditions. Bondowner Representative need not approve the disbursement of Borrower’s Sources until Borrower fulfills all conditions of the Loan Documents relating to such disbursement to Bondowner Representative’s satisfaction. Bondowner Representative’s Loan closing conditions and conditions for subsequent disbursements include the matters described in the Disbursement Schedule. Notwithstanding the foregoing, under no circumstances will Bondowner Representative have any duty to Borrower, Guarantor, Investor Limited Partner, the provider of any other Borrower’s Sources, or any other person or entity to enforce the conditions to disbursement set forth in this Agreement or to withhold any disbursement until all applicable conditions have been satisfied. All such conditions are solely and exclusively for the benefit of the Bondowner Representative and may be waived by Bondowner Representative in its sole discretion.
Additional Disbursement Conditions. Except as expressly provided elsewhere in this Work Letter, Landlord shall only be obligated to make the disbursement of the Construction Allowance to the extent costs are incurred and paid by Tenant for the Construction Costs. If an Application for Payment is incomplete or incorrect in any respect, Landlord will notify Tenant of same and the amount of the subject disbursement of the Construction Allowance applicable to the portion of such incomplete or incorrect Application for Payment only shall be deferred until twenty (20) days following Landlord’s receipt of the corrected Application for Payment. Notwithstanding anything to the contrary contained in this Work Letter, Landlord shall not be obligated to make any disbursement during the pendency of any of the following: (1) Landlord has received written notice of any unpaid and delinquent claims relating to any portion of the Tenant Improvements (or, as the case may be, the Tenant Improvements) or any materials in connection therewith, other than claims which will be paid in full from such disbursement, (2) there is an unbonded lien outstanding against the Building or any of the Premises or Tenant’s interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or any of the Premises, (3) the conditions to the advance of the Construction Allowance are not satisfied, (4) a Default then exists, or (5) Landlord has determined, in its reasonable discretion, that substandard work exists which adversely affects the Base Building or exterior appearance of the Building, or any other tenant’s use of such other tenant’s leased premises in the Building (but in such case Landlord’s option to defer payment shall be limited to non-payment for the substandard work only ). Nothing herein shall be construed to grant Tenant the power to lien any interest of Landlord in the Project. If on the first (1st) anniversary of the Delivery Date there remains any unfunded balance of the Landlord’s Contribution not then subject to a pending or disputed request for disbursement, then such balance shall be the sole property of Landlord and Tenant shall have no further rights with respect thereto.
Additional Disbursement Conditions. 30 11.6.1 Aggregate Commitment Amount.......................................30 11.6.3
Additional Disbursement Conditions. At no time and in no event shall the Syndication Parties be obligated to make Advances or to cause Agent to issue the Letters of Credit and to fund and maintain their respective Syndication Shares of all draws under the Letters of Credit, as the case may be:
Additional Disbursement Conditions. The Bondholder Representative need not approve the disbursement of the Borrower’s Sources (including approving a Requisition) or an advance of the Taxable Tail Loan until the Borrower fulfills all conditions of the Loan Documents relating to such disbursement set forth in Schedule D attached hereto to the Bondholder Representative’s satisfaction, in its reasonable judgment, or such conditions are otherwise waived by Bondholder Representative. The Bondholder Representative’s Loan closing conditions and conditions for subsequent disbursements include the matters described in the Disbursement Schedule. Further, funding’s will be based upon the percentage of completion for actual work in place as approved by the Bondholder Representative and its construction consultant, such approval not to be unreasonably delayed, withheld or conditioned. Notwithstanding anything to the contrary set forth in this Agreement, to the extent the Bondholder Representative objects to a portion of the support for a disbursement, it will fund the portion of the disbursement pursuant to which it does not object.
Additional Disbursement Conditions. Bondowner Representative need not make any disbursement of Xxxxxxxx’s Sources until Xxxxxxxx fulfills all conditions of the Loan Documents relating to such disbursement, to Bondowner Representative’s satisfaction. Bondowner Representative’s Loan closing conditions and conditions for subsequent disbursements include the matters described in the Disbursement Schedule. Bondowner Representative may require that the title policy required to be delivered pursuant to the terms of the Disbursement Schedule be brought current with each Loan disbursement by issuance of endorsements satisfactory to Bondowner Representative at Borrower’s sole cost and expense.
Additional Disbursement Conditions. At no time and in no event shall the Syndication Parties collectively be obligated to make Loans: (a) in an amount which, when added to all prior Loans, would be in excess of the Aggregate Commitment; (b) other than during the Availability Period; or (c) after the enactment of any law by any governmental authority having jurisdiction over any Syndication Party which would make it unlawful in any respect for such Syndication Party to make the Loans or maintain its Syndication Share of the Loans.
Additional Disbursement Conditions. In addition to the conditions contained in the other Sections of this Article 11, at no time and in no event shall CoBank be obligated to make Advances: AGGREGATE COMMITMENT AMOUNT. In excess of an amount, which (a) with respect to Advances under the Term Loan, when added to all previous Advances under the Term Loan, plus any amounts which are currently reserved against the Term Loan pursuant to Sections 4.2 or 4.3 hereof, would exceed the Aggregate Term Loan Commitment, (b) with respect to Advances under the Revolving Loan, when added to the outstanding principal balance under the Revolving Loan, plus the undrawn face amount of the Letter of Credit, plus any amounts which are currently reserved against the Revolving Loan pursuant to Sections 4.2 or 4.3 hereof, plus any Retained Amounts reserved against the Revolving Loan pursuant to Section 4.4 hereof, plus any Reserved Disputed Amounts reserved against the Revolving Loan pursuant to Section 4.6 hereof, would exceed the Aggregate Revolving Loan Commitment, (c) with respect to Advances under the Construction Loan, when added to all previous Advances under the Construction Loan plus any Reserved Disputed Amounts reserved against the Construction Loan pursuant to Section 4.6 hereof, would exceed the Aggregate Construction Loan Commitment, (d) with respect to each Additional Loan, when added to all previous Advances under any such Additional Loan, would exceed the maximum principal amount thereof as set forth in the applicable MLA Supplement.
Additional Disbursement Conditions. 12 6.4.1 Aggregate Commitment Amount; LC Commitment Amount . . . . . . . . . . . . . . . . . . . . . . 12 6.4.2
