Advance Limitations Clause Samples

Advance Limitations. Regardless of the number of Advance Shares requested by the Company in the Advance Notice, the final number of Shares to be issued and sold pursuant to an Advance Notice shall be reduced (if at all) in accordance with each of the following limitations:

Advance Limitations. Regardless of the amount of an Advance requested by the Company in the Advance Notice, the final amount of an Advance pursuant to an Advance Notice shall be reduced in accordance with each of the following limitations:

Advance Limitations. Regardless of the Advance amount requested by the Company in the Advance Notice and the adjustments contemplated by Section 2.01(c), the Adjusted Advance Amount shall be reduced in accordance with each of the following limitations:

Advance Limitations. The Request for an Advance shall be irrevocable, made in the time frame as specified in Section 2.4 hereof, and shall be for the amount of the Loan specified in Section 2.1 hereof.

Advance Limitations. Regardless of the amount of an Advance requested by the Company in the Advance Notice, in no event shall an Advance to any Investor exceed the greater of 9.99% of the outstanding shares of Common Stock held by such Investor unless otherwise agreed in writing by the parties hereto. In connection with each Advance Notice, any portion of an Advance that would exceed this limitation for any Investor shall automatically be withdrawn with no further action required by the Company, and such Advance Notice shall be deemed automatically modified to reduce the aggregate amount of the requested Advance by an amount equal to such withdrawn portion for that Investor; provided that in the event of any such automatic withdrawal and modification, the Investor will promptly notify the Company of such event.

Advance Limitations. The advances made by Lessor to purchase property under the Facilities (collectively, the "Acquisition Advances") and the Improvement/Expense Advances made by Lessor under Facility 2 (the Acquisition Advances and the Improvement/Expense Advances to be referred to collectively as the "Advances") shall be subject to the following limitations: (i) The aggregate amount of all Acquisition Advances made by Lessor under Facility 1 on account of all Facility 1 Property shall not exceed the sum of all Facility 1 Expiration Date Appraisals for such property; (ii) The aggregate amount of all Advances made by Lessor under Facility 2 on account of all Facility 2 Property shall not exceed the sum of all Facility 2 Expiration Date Appraisals for such property; (iii) The aggregate amount of all Acquisition Advances made by Lessor under Facility 1 on account of all Facility 1 Property shall not exceed $25,000,000; (iv) The aggregate amount of all Advances made by Lessor under Facility 2 on account of all Facility 2 Property shall not exceed $145,000,000; (v) The aggregate amount of all Advances made during the period commencing on the date of this Agreement and ending on the date 364 days thereafter (the "364-Day Commitment Termination Date") shall not exceed One Hundred Sixty-Five Million Dollars ($165,000,000) (the "364-Day Commitment"); and (vi) The aggregate amount of all Advances made during the period commencing on the date of this Agreement and ending on the Commitment Termination Date (such period to be referred to as the

Advance Limitations. Lender shall have no obligation to make an Advance if the undisbursed portion of the Loan Amount is less than the unpaid costs of Completion of the Work.

Advance Limitations. Any Request for an Advance or filing of any Application shall be irrevocable, made in the time frame as specified in Section 2.4 hereof, in the case of an Advance, shall be in a minimum amount of $100,000 or a whole multiple of $100,000 in excess thereof, or Equivalent Amounts thereof for Optional Currency Advances. No Request for an Advance may be made or Application filed after the Credit Facility B Maturity.

Advance Limitations. Section 4.1(h) of the Loan Agreement is hereby deleted in its entirety and the following inserted in lieu thereof: