Common use of Advance Request Clause in Contracts

Advance Request. (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) two (2) Business Days prior to the proposed Borrowing Date, a written request for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and the amount of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfied. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (i) If Advances shall be made available upon the telephonic or written request of Borrower desires to make a Borrowing under this Agreement, on any day on which Deere and the Borrower shall provide the Administrative Agent, not Federal Reserve Banks are open for business. Requests for advances by wire transfer must be received no later than 12:00 p.m. Central Time and by ACH no later than 12:00 p.m. Central Time, on the date the advance is requested. Loans will be made available to such account or accounts as may be authorized by Borrower. Borrower shall furnish to Deere a duly completed and executed copy of a Deere Delegation and Wire Transfer/ACH Authorization form, and Deere shall be entitled to rely on (New York City timeand shall incur no liability to Borrower in acting on) two (2) Business Days prior to any request or direction furnished in accordance with the proposed Borrowing Date, terms hereof. Each advance request made hereunder shall constitute a written request for an advance substantially certification by Borrower that Borrower is in compliance with all of the terms and conditions of the Transaction Documents and that all representations and warranties contained in the form Transaction Documents are true as of Exhibit A hereto (a “Request the date of the Advance. Any Advance made under this agreement shall be conclusively presumed to have been made to and for Advance”) which Request for the benefit of Borrower. No Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received made on the following Business Day. Loan unless (i) no Event of Default, as described in this Agreement or any other Transaction Document shall have occurred and be continuing, (ii) The proposed Borrowing Date specified in each Request for Advance the Guaranty shall be a Business Day falling prior to the Amortization Datein full force and effect, and the amount of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed have delivered to Deere a Borrowing Base Report which shall demonstrate to Deere’s satisfaction that the Advance will not cause the principal amount outstanding to exceed the Maximum Loan Borrowing Amount and (iv) Borrower shall have represented complied with all other conditions precedent described in Section 6 of this Agreement. Deere agrees, so long as Borrower meets the requirements set forth herein and warranted no event of default has occurred or is continuing, to advance to the Administrative Agent and Borrower, at its request, amounts which do not exceed in total amount outstanding the Lenders that, immediately after giving effect to lesser of: (i) the proposed Borrowing on Advance amount calculated under the related Borrowing Date, each of the conditions precedent Advance Formula as set forth in Section 3.02 have been satisfied. Borrower’s then current Borrowing Base Report, or (ivii) No more than two Fifty million dollars (2) Requests for Advance may be made in any calendar week.$50,000,000.00)

Advance Request. To obtain a Term Loan Advance, Borrower shall complete, sign and deliver to Agent an Advance Request (at least (i) If in the Borrower desires case of the First Term Loan Advance, five (5) Business Days before the Advance Date, and (ii) in the case of the Second Term Loan Advance, thirty (30) days before the Advance Date). Subject to make a Borrowing under the terms and conditions of this Agreement, including, without limitation, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) two (2) Business Days prior to the proposed Borrowing Date, a written request for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Second Term Loan Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test, and the related Data File Conditions with respect to the requested Borrowing. A Request for Second Term Loan Advance, Lender shall fund each Term Loan Advance received after 12:00 p.m. (New York City time) which in the case of the Second Term Loan Advance, shall be deemed received on severally (and not jointly) made or not made in the following Business Day. (iisole discretion of each Lender) The proposed Borrowing Date specified in each the manner requested by the Advance Request for Advance shall be a Business Day falling prior to the Amortization Date, and the amount of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, provided that each of the conditions precedent to such Term Loan Advance is satisfied as of the requested Advance Date.” (e) The Loan Agreement shall be amended by adding the following text to appear at the end of Section 2.1(d) thereof (Payment): “Notwithstanding the foregoing, Borrower, Agent and Lender each agree that on or about the 2016 Closing Date, provided no Event of Default has occurred and is continuing, Lender shall severally (and not jointly) return to Borrower principal payments of the First Term Loan Advance previously paid by Borrower in an amount equal to $984,681.14 (collectively, the “Prior Principal Payments”), and immediately upon Borrower’s receipt of such Prior Principal Payments, such Prior Principal Payments shall be deemed for all purposes hereunder to constitute outstanding Term Loan Advances, which shall be due and payable pursuant to this Section 2.1(d), or as otherwise set forth in Section 3.02 have been satisfiedhereunder.” (ivf) No more than two The Loan Agreement shall be amended by deleting Section 2.5 thereof (2End of Term Charge) Requests for Advance may be made in any calendar week.its entirety and inserting in lieu thereof the following:

Advance Request. (i) If With respect to the Borrower desires Fundings required to make a Borrowing under this Agreementbe made by the Participants on the Advance Date, Lessee shall give the Lessor, the Borrower shall provide Credit Note Purchasers, the Lessor Lenders, and the Administrative Agent, Agent prior written notice not later than 12:00 p.m. noon (New York City time) two at least three (2but no more than five) Business Days prior to the proposed Borrowing DateAdvance Date (which shall be a Business Day), a pursuant to an irrevocable written request for an advance notice substantially in the form of Exhibit A hereto (a the “Request for AdvanceAdvance Request”) which Request for setting forth: (i) the proposed Advance shall Date; (ii) a statement of the amount of the requested Funding, including a statement of the amount thereof, if any, that will be irrevocable used to Fund (A) Acquisition Costs (including a statement of the amount of the Acquisition Costs constituting (x) principal and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with interest outstanding under each of the Borrowing Base Test, Existing Investor Certificates and the related Data File Existing Notes (including, with respect to the requested Borrowing. A Request for Existing Investor Certificates, the outstanding Certificate Amount (as defined under the Existing Operative Documents) and Yield (as defined under the Existing Operative Documents) on and as of the Advance received after 12:00 p.m. Date) and (New York City timey) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Dateconstruction costs being funded as part of such Acquisition Costs), and the amount of the Borrowing requested in such Request for Advance (the “Requested Amount”B) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder).Transaction Costs; (iii) Promptly following receipt of a Request for Advance certification by Lessee that: (A) the Funding complies with the limitations and conditions set forth in accordance with this SectionSection 2.3, and (B) all conditions set forth in Article IV hereof to the Administrative Agent shall advise each applicable Lender Funding have been or, as of the details thereof and Advance Date will be, fully satisfied or waived; (iv) information regarding construction costs described in clause (ii) of the amounts definition of such Lender’s “Acquisition Costs” as more particularly described in the Advance Request; and (v) wire transfer instructions for the disbursement of funds to the Persons entitled thereto. All documents and instruments required to be made as part of delivered on the requested Borrowing. Each Request for Documentation Date or the Advance Date pursuant to this Participation Agreement shall be dated delivered at the date the request for the related Borrowing is being madeoffices of Mayer, and signed by a Responsible Officer of the Borrower. By submitting a Request for AdvanceBrown, the Borrower shall be deemed to have represented and warranted to Xxxx & Maw LLP, 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxx, or at such other location as the Administrative Agent and Lessee may agree. On the Lenders thatscheduled Advance Date, immediately after giving effect and subject to the proposed Borrowing on the related Borrowing Date, each satisfaction or waiver of the conditions precedent set forth in Section 3.02 have been satisfiedArticle IV, the Participants shall disburse the respective amounts of their Commitments in accordance with the requirements of this Participation Agreement by wire transfer directly to the Administrative Agent. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (ia) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. At least four (New York City time) two (24) Business Days prior before the requested date of each Advance, Borrower shall deliver to the proposed Borrowing Date, a written request for Agent an advance substantially Affidavit and Advance Request in the form of Exhibit A hereto "B" (a “Request for Advance”) which Request for "Advance shall be irrevocable and effective upon receiptRequest"), together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Testduly executed on Borrower's behalf, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and specifying the amount of the Borrowing Advance, and all supporting documentation required by this Agreement. Lenders shall not be required to make Advances more frequently than twice each week and shall, only upon satisfaction of all conditions of this Agreement, make the requested in such Request for Advance to Borrower on a Business Day within four (the “Requested Amount”4) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender Business Days after submission of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested BorrowingRequest. Each Advance Request for and Borrower's acceptance of any Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented ratify and warranted to confirm that all representations and warranties in the Administrative Agent Loan Documents remain true and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each correct as of the conditions precedent set forth in Section 3.02 have been satisfieddate of the Advance Request and such Advance. (ivb) Agent shall promptly notify each Lender of its receipt of any Advance Request and its contents. (c) By 11:00 a.m. on the applicable Advance date, each Lender shall remit its Pro Rata Part of each requested Advance by wire transfer to Agent pursuant to Agent's wire transfer instructions on Exhibit "E" (or as otherwise directed by Agent) in funds that are available for immediate use by Agent. (d) Absent contrary written notice from a Lender, Agent may assume that each Lender has made its Pro Rata Part of the requested Advance available to Agent on the applicable Advance date, and Agent may, in reliance upon such assumption (but is not required to), make available to Borrower a corresponding amount. If a Lender fails to make its Pro Rata Part of any requested Advance available to Agent on the applicable Advance date, Agent shall seek to recover the applicable amount on demand (i) from that Lender, together with interest at the overnight rate for federal funds transactions between member banks of the Federal Reserve System, as published by the Federal Reserve Bank of New York, for the period commencing on the date the amount was made available to Borrower by Agent and ending on (but excluding) the date Agent recovers the amount from that Lender, or (ii) if that Lender fails to pay its amount upon demand, then from Borrower, together with interest at an annual interest rate equal to the rate applicable to the requested Advance for the period commencing on the Advance date and ending on (but excluding) the date Agent recovers the amount from Borrower. No more than two (2) Requests Lender is responsible for Advance may be made in the failure of any calendar weekother Lender to make its Pro Rata Part of any Advance.

Advance Request. On or before each Rental Payment Date (as defined in the Lease), Seller shall have delivered to Buyer an Advance Request in the form and containing the certifications shown in Exhibit D and including a payables list in such detail as may be required by the Buyer with respect to Advances of the Acquisition Price. Seller may submit only one (1) Advance Request every month until the Advance Expiration Date. Following receipt of the Advance Request, Buyer shall have ten (10) Business Days after receipt to review and approve or reject the Advance Request. If the Advance Request is rejected, Buyer shall provide Seller with specific information regarding the reason for the rejection and Seller shall promptly submit a new Advance Request prior to payment of the Advance described in the rejected Advance Request. The Buyer shall pay the portion of the Acquisition price noted on the Advance Request, for approved costs under the terms of this PSA. Advances shall be made on the basis of work in place for the New Construction as confirmed by the Buyer or the Buyer’s Project Inspector. All Advance Requests shall be certified by an Authorized officer of Seller, and in addition to the items on Exhibit D shall contain the following details with respect to Advances requested: (i) If such details concerning the Borrower desires to make a Borrowing under this Agreementnature and amount of work and materials furnished for the New Construction, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) two (2) Business Days prior to the proposed Borrowing Datedate of such request, a written request for an advance substantially in including identification of the form parties performing such work and providing such materials and concerning the use of Exhibit A hereto (a “Request for Advance”) which Request for the requested Advance shall be irrevocable and effective upon receipt, as Buyer may require together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test, and the related Data File with respect invoices or other appropriate documentation for all expenses to be paid out of the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day.Advance; (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior paid invoices and lien waivers relating to the Amortization Date, and the amount all construction of the Borrowing requested in such Request for New Construction through the date of the previous Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder).Request; (iii) Promptly following receipt of a Request full, unconditional lien waivers from all persons or entities for Advance all labor performed and materials supplied in accordance connection with this Section, the Administrative Agent shall advise each applicable Lender construction of the details thereof and New Construction that was completed prior to the date of the amounts of such Lender’s previous Advance to be made as part Request and for which final invoices were paid out of the requested Borrowing. Each Request for previous Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfied.Request; (iv) No more than two if required by Buyer, checks drawn on Seller's construction draw account at the Buyer to the order of Contractors and Subcontractors identified in the Advance Request; and (2v) Requests the certification by an Authorized Officer, on behalf of Seller, that, in addition to the matters described in Exhibit D to be certified, the proceeds of the requested Advance shall be used only for the payment or reimbursement of the items described in the Advance may be made Request and represented by the invoices or other appropriate documentation submitted in any calendar weekconnection with the requested Advance.

Advance Request. (i) If Borrowers shall give Bank written notice of each requested Advance under the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative AgentCommitment, not later than 12:00 p.m. eleven o'clock (New York City 11:00) a.m. Philadelphia time, one (1) Business Day prior to the proposed Advance in the case of an Advance of a Base Rate Portion, and two (2) Business Days prior to an Advance of a Libor Portion, specifying the proposed Borrowing Datedate, a written request for an advance substantially amount and purpose thereof. Such notice shall be in the form of the Advance/Credit Request Form attached hereto as Exhibit A hereto (a “Request for Advance”) which Request for Advance A, shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with certified by the Borrowing Base Testchief financial officer or controller of dELiA*s, and shall contain the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) following information and reprxxxxxations, which shall be deemed received on affirmed and true and correct as of and upon receipt of the following Business Day.date of and upon receipt of the requested Advance: (i) the aggregate amount of the requested Advance, which shall be an even multiple of $100,000; (ii) The proposed confirmation of compliance with Paragraphs 5.14 through 5.17 hereof as of the most recent date for which a Compliance Certificate or Borrowing Date specified in each Request for Advance shall be a Business Day falling prior Base Certificate, as applicable, has been (or is required to the Amortization Datehave been) delivered, and taking into account any Advances, including the amount of the Borrowing requested in Advance, and payments since such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder).date; and (iii) Promptly following receipt statements that the representations and warranties set forth herein and in the other Loan Documents are true and correct in all material respects as of the date thereof (or if such representation or warranty is expressly stated to have been made as of a Request for Advance in accordance with this Sectionspecific date, such date), provided that the Administrative Agent shall advise each applicable Lender of the details thereof representations and of the amounts of such Lender’s Advance to be made warranties insofar as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted they refer to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each accuracy of the conditions precedent matters set forth in Section 3.02 have been satisfied. (iv) No more than two (2) Requests for Advance Exhibit C may be made in amended (i) by the Borrowers to reflect any calendar weektransaction expressly permitted under Article 5 or 6 hereof or (ii) with the written consent of Bank; no Event of Default or Default hereunder has occurred and is then continuing or will be caused by the requested Advance; and there has been no Material Adverse Effect since the date of the most-recently delivered audited financial statements pursuant to Paragraph 5.3 hereof; and no event or circumstance (or combination of events or circumstances) has occurred which is reasonably likely to have a Material Adverse Effect.

Advance Request. At least five (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) two (25) Business Days prior before the requested date of each Advance of the Loan, Borrower shall deliver a Advance Request to the proposed Borrowing Date, a written request for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Administrative Agent. Each Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base TestRequest, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and the amount Borrower's acceptance of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for any Advance, the Borrower shall be deemed to have represented ratify and warranted confirm, as of the requested Funding Date, that, except as specified in the Advance Request: (a) the representations and warranties contained herein and in the other Loan Documents remain true and correct in all material respects to the same extent as though made on and as of that Funding Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date, (b) there is no uncured Default or Potential Default existing under the Loan Documents and no event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Advance Request that would constitute a Default or a Potential Default, (c) all Advances previously made to Borrower were disbursed, and the proceeds of the Advance requested in the Advance Request will immediately be disbursed, for the purposes permitted by this Agreement and for no other purpose, (d) Borrower and each Subsidiary Guarantor shall have performed in all material respects all agreements and satisfied in all material respects all conditions which this Agreement provides shall be performed or satisfied by it on or before that Funding Date; (e) no order, judgment or decree of any arbitrator or Tribunal shall purport to enjoin or restrain any Lender from making its Pro Rata Share of any Advance on that Funding Date; and (f) there shall not be pending or, to the knowledge of Borrower, threatened, any action, suit, proceeding, governmental investigation or arbitration against or affecting any Loan Party or any property of any Loan Party that is required to be but has not been disclosed by such Loan Party to Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfiedwriting pursuant this Agreement. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agentgive Agent written notice, --------------- not later than 12:00 p.m. eleven o'clock (New York City time11:00) two a.m. Philadelphia time one (21) Business Day prior to the proposed Advance in the case of an advance to bear interest based on the Base Rate, and three (3) Business Days prior to the proposed Borrowing Date, a written request for an advance substantially to bear interest based on the Adjusted Libor Rate, of each requested Advance under the Revolving Credit Commitment specifying the date, amount and purpose thereof. Such notice shall be in the form of the Advance Request Form attached hereto as Exhibit A hereto (a “Request for Advance”) which Request for Advance A-1, shall be irrevocable certified by an Authorized Officer of Borrower, and effective shall contain the following information and representations, which shall be deemed affirmed and true and correct as of and upon receiptreceipt of the date of and upon receipt of the requested Advance: (i) the aggregate amount of the requested Advance, together which shall be no less than $2,500,000 in the case of an Advance to bear interest based on the Adjusted Libor Rate and no less than $500,000 in the case of an Advance to bear interest based on the Base Rate, and in either case shall be in an even multiple of $100,000; (ii) confirmation of the interest rate(s) elected by the Borrower to apply to each Advance, and, if applicable, the Interest Period elected by the Borrower to apply to each Libor Portion to be advanced; (iii) confirmation of Borrower's compliance with Paragraphs 5.14 through 5.19 as of the most recently ended fiscal quarter for which a final Borrowing Base Compliance Certificate demonstrating has been (or is required to have been) delivered, and taking into account any Advances, including the requested Advance, and payments since such date; (iv) confirmation of Borrower's compliance with the Borrowing Base, as of the end of the most recent month for which a Borrowing Base TestCertificate has been (or is required to have been) delivered, and the related Data File with respect to taking into account any Advances, including the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day.Advance, and payments since such date; (iiv) The proposed Borrowing Date specified statements that the representations and warranties set forth herein and in each Request for Advance shall be a Business Day falling prior to the Amortization Date, other Loan Documents are true and the amount correct in all material respects as of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall date thereof; no Event of Default or Default hereunder has occurred and is then continuing or will be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of caused by the requested Borrowing. Each Request for Advance shall be dated Advance; and there has been no Material Adverse Effect since the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfiedthis Agreement. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (i) If the Borrower desires The Operating Partnership shall deliver a Advance Request to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, together with, if the amount requested would otherwise exceed the then existing Maximum Availability Amount or if the NOI for the Collateral Pool is no longer sufficient to achieve the Debt Service Coverage Ratio required to maintain the then existing Maximum Availability Amount, a current Borrower’s NOI Certificate. Each Advance Request must be received by Administrative Agent not later than 12:00 p.m. 11:00 a.m., Administrative Agent’s Time, at least three (New York City time) two (23) Business Days prior to the proposed Borrowing Date, a written request Funding Date for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base TestLIBOR Rate Principal Advances, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. at least one (New York City time1) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization DateFunding Date for all other Advances. Each Advance Request, and the amount Borrowers’ acceptance of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for any Advance, the Borrower shall be deemed to have represented ratify and warranted confirm, as of the requested Funding Date, that, except as disclosed in any Advance Request and approved by Lenders: (a) the representations and warranties contained herein and in the other Loan Documents remain true and correct in all material respects to the same extent as though made on and as of the requested Funding Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date, (b) there is no uncured Default or Potential Default existing under the Loan Documents and no event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Advance Request that would constitute a Default or a Potential Default, (c) all Advances previously made to Borrowers were disbursed, and the proceeds of the Advance requested in the Advance Request will immediately be disbursed, for the purposes permitted by this Agreement and for no other purpose, (d) each Borrower shall have performed in all material respects all agreements and satisfied in all material respects all conditions which this Agreement provides shall be performed or satisfied by it on or before the requested Funding Date; and (e) there shall not be pending or, to the knowledge of any Borrower, threatened, any action, suit, proceeding, governmental investigation or arbitration against or affecting any Borrower or any property of any Borrower that is required to be but has not been disclosed by such Borrowers to Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfiedwriting pursuant this Agreement. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agentgive Agent written notice, --------------- not later than 12:00 p.m. eleven o'clock (New York City time11:00) two a.m. Philadelphia time one (21) Business day prior to the proposed Advance in the case of an advance to bear interest based on the Base Rate, and three (3) Business Days prior to the proposed Borrowing Date, a written request for an advance substantially to bear interest based on the Adjusted Libor Rate, of each requested Advance under the Revolving Credit Commitment specifying the date, amount and purpose thereof. Such notice shall be in the form of the Advance Request Form attached hereto as Exhibit A hereto (a “Request for Advance”) which Request for Advance A-1, shall be irrevocable certified by an Authorized Officer of Borrower, and effective shall contain the following information and representations, which shall be deemed affirmed and true and correct as of and upon receiptreceipt of the date of and upon receipt of the requested Advance: (i) the aggregate amount of the requested Advance, together which shall be no less than $2,500,000 in the case of an Advance to bear interest based on the Adjusted Libor Rate and no less than $500,000 in the case of an Advance to bear interest based on the Base Rate, and in either case shall be in an even multiple of $100,000; (ii) confirmation of the interest rate(s) elected by the Borrower to apply to each Advance, and, if applicable, the Interest Period elected by the Borrower to apply to each Libor Portion to be advanced; (iii) confirmation of Borrower's compliance with Paragraphs 5.14 through 5.19 as of the most recently ended fiscal quarter for which a final Borrowing Base Compliance Certificate demonstrating has been (or is required to have been) delivered, and taking into account any Advances, including the requested Advance, and payments since such date; (iv) certification that the incurrence of Indebtedness pursuant to the proposed Advance does not violate the Indenture or trigger any redemption or other rights of the holders of the Richmont Subordinated Notes; (v) confirmation of Borrower's compliance with the Borrowing Base, as of the end of the most recent month for which a Borrowing Base TestCertificate has been (or is required to have been) delivered, and the related Data File with respect to taking into account any Advances, including the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day.Advance, and payments since such date; (iivi) The proposed Borrowing Date specified statements that the representations and warranties set forth herein and in each Request for Advance shall be a Business Day falling prior to the Amortization Date, other Loan Documents are true and the amount correct in all material respects as of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall date thereof; no Event of Default or Default hereunder has occurred and is then continuing or will be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of caused by the requested Borrowing. Each Request for Advance shall be dated Advance; and there has been no Material Adverse Effect since the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfiedthis Agreement. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) At least two (2) Business Days prior before the requested date of each Advance of the Loan, Borrower shall deliver a Advance Request to the proposed Borrowing Date, a written request for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Administrative Agent. Each Advance shall be irrevocable and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base TestRequest, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and the amount Borrower's acceptance of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for any Advance, the Borrower shall be deemed to have represented ratify and warranted confirm, as of the requested Funding Date, that, except as specified in the Advance Request: (a) the representations and warranties contained herein and in the other Loan Documents remain true and correct in all material respects to the same extent as though made on and as of that Funding Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date, (b) there is no uncured Default or Potential Default existing under the Loan Documents and no event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Advance Request that would constitute a Default or a Potential Default, (c) all Advances previously made to Borrower were disbursed, and the proceeds of the Advance requested in the Advance Request will immediately be disbursed, for the purposes permitted by this Agreement and for no other purpose, (d) Borrower and each other Loan Party shall have performed in all material respects all agreements and satisfied in all material respects all conditions which this Agreement provides shall be performed or satisfied by it on or before that Funding Date; (e) no order, judgment or decree of any arbitrator or Tribunal shall purport to enjoin or restrain any Lender from making its Pro Rata Share of any Advance on that Funding Date; and (f) there shall not be pending or, to the knowledge of Borrower, threatened, any action, suit, proceeding, governmental investigation or arbitration against or affecting any Loan Party or any property of any Loan Party that is required to be but has not been disclosed by such Loan Party to Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of the conditions precedent set forth in Section 3.02 have been satisfiedwriting pursuant this Agreement. (iv) No more than two (2) Requests for Advance may be made in any calendar week.

Advance Request. (ia) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) At least two (2) Business Days prior before the requested date of each Advance (other than Bid Rate Loans), Borrower shall deliver to the proposed Borrowing Date, a written request for Agent an advance substantially Affidavit and Advance Request in the form of Exhibit A hereto "B" (a “Request for Advance”) which Request for "Advance shall be irrevocable and effective upon receiptRequest"), together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Testduly executed on Borrower's behalf, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and specifying the amount of the Borrowing Advance, and all supporting documentation required by this Agreement. Lenders shall not be required to make Advances more frequently than twice each week and shall, only upon satisfaction of all conditions of this Agreement, make the requested in such Request for Advance to Borrower on a Business Day within two (the “Requested Amount”2) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender Business Days after submission of the details thereof and of the amounts of such Lender’s Advance to be made as part of the requested BorrowingRequest. Each Advance Request for and Borrower's acceptance of any Advance shall be dated the date the request for the related Borrowing is being made, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented ratify and warranted to confirm that all representations and warranties in the Administrative Agent Loan Documents remain true and the Lenders that, immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each correct as of the conditions precedent set forth in Section 3.02 have been satisfieddate of the Advance Request and such Advance. (ivb) Agent shall promptly notify each Lender of its receipt of any Advance Request and its contents. (c) By 11:00 a.m. on the applicable Advance date, each Lender shall remit its Pro Rata Part of each requested Advance by wire transfer to Agent pursuant to Agent's wire transfer instructions on Exhibit "E" (or as otherwise directed by Agent) in funds that are available for immediate use by Agent. (d) Absent contrary written notice from a Lender, Agent may assume that each Lender has made its Pro Rata Part of the requested Advance available to Agent on the applicable Advance date, and Agent may, in reliance upon such assumption (but is not required to), make available to Borrower a corresponding amount. If a Lender fails to make its Pro Rata Part of any requested Advance available to Agent on the applicable Advance date, Agent shall seek to recover the applicable amount on demand (i) from that Lender, together with interest at the overnight rate for federal funds transactions between member banks of the Federal Reserve System, as published by the Federal Reserve Bank of New York, for the period commencing on the date the amount was made available to Borrower by Agent and ending on (but excluding) the date Agent recovers the amount from that Lender, or (ii) if that Lender fails to pay its amount upon demand, then from Borrower, together with interest at an annual interest rate equal to the rate applicable to the requested Advance for the period commencing on the Advance date and ending on (but excluding) the date Agent recovers the amount from Borrower. No more than two (2) Requests Lender is responsible for Advance may be made in the failure of any calendar weekother Lender to make its Pro Rata Part of any Advance.

Advance Request. (i) If the Borrower desires to make a Borrowing under this Agreement, the Borrower shall provide the Administrative Agent, not later than 12:00 p.m. (New York City time) two (2) Business Days prior to the proposed Borrowing Date, a written request for an advance substantially in the form of Exhibit A hereto (a “Request for Advance”) which Request for Advance shall be irrevocable Lessor and effective upon receipt, together with a final Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test, and the related Data File with respect to the requested Borrowing. A Request for Advance received after 12:00 p.m. (New York City time) shall be deemed received on the following Business Day. (ii) The proposed Borrowing Date specified in each Request for Advance shall be a Business Day falling prior to the Amortization Date, and the amount of the Borrowing requested in such Request for Advance (the “Requested Amount”) shall be equal to at least $500,000 (or, if less, the remaining unfunded Commitments hereunder). (iii) Promptly following receipt of a Request for Advance in accordance with this Section, the Administrative Agent shall advise each applicable Lender have received a fully executed counterpart of the details thereof applicable Advance Request, executed by the Lessee, in accordance with Section 3.3(a). Each delivery of an Advance Request and the acceptance by the Lessee of the amounts proceeds of such Lender’s Advance to be made as part of the requested Borrowing. Each Request for Advance shall be dated constitute a representation and warranty by (i) Lessee that on the date the request for the related Borrowing is being made, applicable Advance Date (both immediately before and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower shall be deemed to have represented and warranted to the Administrative Agent and the Lenders that, immediately after giving effect to the proposed Borrowing making of such Advance and the application of the proceeds thereof), (A) the statements made in Section 8.3 of this Transaction Agreement by Lessee are true and correct in all material respects as of such date except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date, (B) no Default, Event of Default, Event of Loss, or Significant Environmental Event has occurred and is continuing, or will occur as a result of, or after giving effect to, the related Borrowing DateAdvance requested by the Advance Request on such date, each (C) the Lessee has not received a Termination Notice pursuant to Section 3.4 of the Construction Agency Agreement, (D) the amount of the Advance requested represents amounts owed in respect of Project Costs incurred on or prior to the date of such Advance or within thirty (30) days thereafter and for which the Lessee has not previously been reimbursed by an Advance, (E) the conditions precedent to such Advance and the related Lessor Amount and Participant Interest Contribution set forth in Section 3.02 this Article VI have been satisfied. satisfied or waived in accordance with the Operative Documents and (ivF) No more than two the certifications given as of the Initial Advance Date as described in Exhibit C are deemed to have been given and restated by Lessee as of such Advance Date, and (2ii) Requests for by Parent Guarantor that, except as otherwise expressly stated in the Advance may be Request, on the applicable Advance Date (both immediately before and after giving effect to the making of such Advance and the Table of Contents application of the proceeds thereof), the statements made in any calendar weekSection 7 of the Guaranty by the Parent Guarantor are true and correct in all material respects as of such date except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.