Common use of Advances; Limitations and Limits Clause in Contracts

Advances; Limitations and Limits. (i) Pursuant to Section 3.2, each Advance shall be used solely to (A) reimburse Lessee for amounts previously advanced in respect of, and to pay directly, Project Costs which Lessee certifies in the Advance Request for such Advance will be incurred and become payable within the thirty (30) day period following the date of such Advance, and (B) Fund Capitalized Yield, Capitalized Fees and Capitalized Contingent Rent provided for, and in the manner set forth, at Section 3.2. (ii) The first Advance Date shall occur on the Document Closing Date (the “Initial Advance Date”). Each Advance Date shall be a Business Day which is also a Payment Date (other than for the Initial Advance Date), and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance during any calendar month. Each Advance shall be comprised solely of Project Costs of the general categories of costs and the Project Costs to be included in such Advance and of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balance. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency Agreement. All remittances made by the Participants for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s address referred to in Schedule III hereto prior to 1:00 p.m. (New York City time) on the Advance Date specified in the relevant Advance Request; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. New York time on the Advance Date specified in such Advance Request, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon the Administrative Agent’s receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds on the applicable Advance Date to the Persons entitled thereto and to such accounts as Lessee shall have indicated in the Advance Request.

Advances; Limitations and Limits. (i) Pursuant In addition to Section 3.2any other provision hereof, each Certificate Trustee shall not be obligated to make an Advance to Lessee or Construction Agent, and no Participant shall be obligated to Fund any Loan, and no Certificate Purchaser shall be required to Fund any Certificate Amount on such Advance Date if the amount of such Advance would exceed the Aggregate Available Amount for such Site or, after giving effect to such Advance, the aggregate outstanding amount of Loans and Certificate Amounts with respect to such Site would exceed the aggregate Commitments for such Site. The amount of the initial Advance shall be used solely to (A) reimburse Lessee pay for amounts previously advanced in respect ofthe Site Acquisition Cost of the Sites to be acquired on that date, any Transaction Costs incurred through the initial Advance Date, and to pay directlyreimburse Construction Agent for any Construction Costs paid by Construction Agent prior to such date. Following the initial Advance Date, Project each Site Advance requested by Lessee shall be used solely for payment of the Site Acquisition Costs for the Site for which Lessee certifies in such Site Advance is made or any Transaction Costs incurred through the Advance date, and each Construction Advance shall be used solely to reimburse Construction Agent for any Construction Costs or Transaction Costs paid by Construction Agent prior to the date of the Advance Request for such Advance will be incurred and become payable within the thirty (30) day period following the date of such Construction Advance, and (B) Fund Capitalized Yield, Capitalized Fees and Capitalized Contingent Rent provided for, and in the manner set forth, at Section 3.2. (ii) . The first initial Advance Date shall occur on the Document Closing Date (the “Initial Advance Date”)or before November 30, 1998. Each Advance Date shall be a Business Day which is also a Payment Date (other than for the Initial Advance Date)Day, and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance during any calendar monthmonth (excluding any Advance made solely to pay the Commitment Fee pursuant to Section 2.15 or Capitalized Interest and Capitalized Yield pursuant to Section 2.13). Each Advance (which may be for one or more Sites) shall be comprised solely in a minimum amount equal to $500,000, or an integral multiple of Project Costs $100,000 in excess thereof, provided, that so long as an Advance is for, in whole or in part, the full amount of the general categories aggregate Available Commitment for any one or more Sites and exceeds the minimum threshold of costs and the Project Costs to be included in $500,000, such Advance and need not be in an integral multiple of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balance. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency Agreement$100,000. All remittances made by the Participants Certificate Purchasers and Lenders for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s address referred to in Schedule III hereto prior to for deposit not later than 1:00 p.m. (p.m., New York City time) on the Advance Date specified in the relevant Advance Request; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. New York time on the Advance Date specified in such Advance Request, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon the Administrative Agent’s receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds on the applicable Advance Date to the Persons entitled thereto and to such accounts account as Lessee or Construction Agent, as applicable, shall have indicated in the Advance Request. The Funding by each Certificate Purchaser and each Lender to Agent of its respective portion of an Advance shall constitute authorization and direction by such party to Agent to make an Advance pursuant to Article 3. One or more Site Advances and Construction Advances may occur on the same Advance Date and, for purposes of the restriction in the second sentence of this paragraph, will constitute one Advance.

Advances; Limitations and Limits. In addition to any other provision hereof, Lessor shall not be obligated to make an Advance to Construction Agent, and no Lender shall be obligated to Fund any Loan and no Certificate Holder shall be required to Fund any Certificate Amount, if, after giving effect to such Advance, the aggregate outstanding amount of the Loans and the Certificate Amounts would exceed the aggregate amount of the Available Commitments immediately prior to such Advance. No Advance shall be made in connection with any costs or expenses associated with the construction of the Tenant Improvements until Lessee has delivered to Administrative Agent evidence satisfactory to Administrative Agent that Lessee has funded the Lessee Funding Amount and such funds have been applied to payment of the construction costs and expenses of the Tenant Improvements that are set forth in the Approved Construction Budget. Pursuant to SECTION 3.2, (i) Pursuant to Section 3.2, each Advance shall be used solely solely, except as provided in the immediately succeeding clause (ii) of this sentence, to reimburse Construction Agent for any Construction Costs (Aother than Lessee Funded Tenant Improvement Costs) reimburse Lessee for amounts previously advanced in respect of, and paid by Construction Agent prior to pay directly, Project Costs which Lessee certifies in the date of the Advance Request for such Advance will be incurred for which Construction Agent has not previously been reimbursed hereunder or to pay Construction Costs (other than Lessee Funded Tenant Improvement Costs) which are due and become payable within on or prior to the thirty (30) day period following proposed Advance Date, including the date Funding of such AdvanceCapitalized Interest, and (B) Fund Capitalized Yield, Capitalized and to pay Fees and Capitalized Contingent Rent provided for, and in the manner set forth, at Section 3.2. in SECTION 4.4, and (ii) in the case of the final Advance and provided that Substantial Completion has been achieved, Construction Agent may request that such Advance be made in such amount, not exceeding the aggregate of any then remaining unfunded Commitment Amounts to pay any retainages due the General Contractor or any subcontractor. The first Advance Date shall occur on for any Advance requested by Construction Agent pursuant to clause (ii) of the Document Closing Date (the “Initial Advance Date”). Each Advance Date shall be a Business Day which is also a Payment Date (other than for the Initial Advance Date), and other than with respect to the month in which the Initial Advance Date occurs, there preceding sentence shall be no more later than one Advance during any calendar monththe Commitment Period Termination Date. Each Advance shall be comprised solely of Project Costs of the general categories of costs and the Project Costs to be included in such Advance and of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balance. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency Agreement. All remittances made by the Participants for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s address referred to in Schedule III hereto prior to 1:00 p.m. (New York City time) on the Advance Date specified in the relevant Advance Request; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. New York time on the Advance Date specified in such Advance Request, no Participant Lessor shall be obligated to maintain the availability of its funds for make such Advance unless such Participant has received a satisfactory indemnity for the overnight investment final Construction Cost (other than Lessee Funded Tenant Improvement Costs), provided that the same is made in conformity with the foregoing requirements, and the funds comprising such Advance shall be deposited by Lessor in an account established by it at such bank as shall be directed by Administrative Agent and shall be held in such account for the purpose of funding future advances requested by Construction Agent for the foregoing purposes. Administrative Agent shall have a first priority lien on the amounts in said account until such fundsamounts are released to fund an Advance as contemplated herein. Promptly upon the Administrative Agent’s receipt Each request by Construction Agent for withdrawal of funds from such account shall include a certification by Construction Agent that such funds from will be used for the Participants, purposes permitted thereby and shall itemize the amounts of and purposes for which such payments are to be made. Each Advance also shall be subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds limitations on the applicable amounts and types of Construction Costs for which an Advance Date to the Persons entitled thereto and to such accounts may be requested as Lessee shall have indicated set forth in the Advance RequestConstruction Budget.

Advances; Limitations and Limits. (i) Pursuant to Section 3.2, each Advance shall be used solely to (A) pay Project Costs previously incurred or to reimburse Lessee for amounts previously advanced in respect of, and to pay directly, Project Costs which Lessee certifies in the Advance Request for such Advance will be incurred and become payable within the thirty (30) day period following the date of such Advance, and (B) Fund Capitalized Yield, Capitalized Fees and Capitalized Contingent Rent provided for, and in the manner set forth, at in Section 3.23.2 and (C) to reimburse Lessor for previously funded Specified Payments (as defined in the Agency and Indemnity Agreement), plus interest thereon, pursuant to Section 15 of the Agency and Indemnity Agreement. (ii) The first Advance Date shall occur on the Document Closing Date (the “Initial Advance Date”). Each Advance Date other than the Initial Advance Date shall be a Business Day which is also a Payment Date (other than for the Initial Advance Date), and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance during any calendar monthmonth (excluding any Advance made solely to pay Capitalized Fees, Capitalized Contingent Rent, or Capitalized Yield), except that there may be two (2) Advances in March 2024. Each Advance shall be comprised solely of Project Costs of the general categories of costs and shall be subject to the limitations on amounts for each such general cost category as set forth in the Project Budget and the Project Costs to be included Table of Contents in such Advance and of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result not exceed the aggregate dollar amount set forth in the applicable general category of costs of the Project Budget being In BalanceBudget. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee Xxxxxx has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency Agreement. All remittances made by the Participants for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s address referred to in Schedule III hereto prior to 1:00 p.m. (New York City time) on the Advance Date specified in the relevant Advance Request; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. New York time on the Advance Date specified in such Advance Request, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon the Administrative Agent’s receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds on the applicable Advance Date to the Persons entitled thereto and to such accounts as Lessee shall have indicated in the Advance Request. Notwithstanding anything to the contrary set forth in this Section 3.1(d)(ii), (Y) a Completion Date Advance may be made on any Business Day subject to the terms of Section 3.2(b) hereof and (Z) there may be two Advances made during the calendar month in which a Completion Date Advance is requested by Xxxxxx.

Advances; Limitations and Limits. (i) Pursuant to Section 3.2, each Advance shall be used solely to (A) reimburse Lessee for amounts previously advanced in respect of, and to pay directly, Project Costs which Lessee certifies in the Advance Request for such Advance will be incurred and become payable within the thirty (30) day period following the date of such Advance, and (B) Fund Capitalized Yield, Capitalized Fees and Capitalized Contingent Rent provided for, and in the manner purposes set forth, forth at Section 3.23.2(a) hereof. (ii) The first Advance Date shall occur occurred on the Document Closing Date (the “"Initial Advance Date”"). An Advance Date shall occur on the Second Document Closing Date for an Advance which will include amounts sufficient to pay the respective Upfront Fees of the new Lenders and new Certificate Holders and all Transaction Expenses due and payable as of such date. Each Advance Date shall be a Business Day which is also Day, and in the case of an Advance for Participant Capitalized Costs, a Payment Date (other than for the Initial Advance Date), and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance two Advances during any calendar monthmonth (excluding any Advance made solely to pay Participant Capitalized Costs). Each Advance (excluding any Advance made solely to pay Participant Capitalized Costs or the last Advance hereunder) shall be in a minimum amount equal to $1,000,000. Each Advance under the Facility Tranche shall be comprised solely of Project Asset Costs of the general types and categories of costs and shall be subject to the Project Costs limitations on amounts for each such type and category as set forth in the applicable Facility Budget or, with respect to be included in such an Advance and for Excepted Costs, the portion of the type provided Pro Forma Budget relating to the Proposed Site, for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balancewhich an Advance is requested. Lessee may shall not request an Advance with respect to Project Asset Costs (x) payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto in Section 4.1 of the Supervisory Agreement or (y) to be deposited into a Project Collateral Account or to pay fees to an issuer of a Project Letter of Credit unless Lessee shall have complied with the requirements of Section 2.4 10.2. Lessee shall not request an Advance and no Advance shall be made with respect to any Facility or Equipment Group or, if applicable, Unit of an Equipment Group, for which Lessee has delivered a Purchase Notice pursuant to Article XVIII of the Lease. The amount of any Site Acquisition Advance with respect to any Site shall be used solely to pay for the Site Acquisition Costs with respect to such Site incurred through and including such Advance Date with respect to such Site. Each Construction Agency Advance requested by Lessee shall be used for payment of the Facility Costs with respect to the Facilities identified in the Advance Request for such Advance that may be incurred through and including such Advance Date with respect to such Facility, including, in the case of the Initial Construction Advance, any costs incurred by the Lessee prior to the Document Closing Date in connection with such Facility and to the extent provided for in the Facility Budget and for deposits into Project Collateral Accounts. Each Advance for Excepted Costs shall be used solely for payment of Excepted Costs with respect to the Proposed Site identified in the Advance Request for such Advance that may be incurred with respect to such Proposed Site. Each Advance for Equipment Costs or Facility Equipment Costs shall be used solely for payment of the purchase price for such Equipment and any related Equipment Costs and Transaction Costs incurred by Lessee in connection with the purchase of such Equipment. Each Advance for Facility Costs, Excepted Costs and Equipment Costs (including for Participant Capitalized Costs and Internal Costs) also shall be subject to the limitations on amounts and types of costs (plus any contingencies) that may be incurred with respect to such Facility, Proposed Site or Equipment Group as set forth in the applicable Facility Budget or Equipment Group Budget or with respect to a Proposed Site, the applicable portion of the Pro Forma Budget (as such Equipment Group Budgets, Facility Budget or Pro Forma Budget may be modified from time to time in accordance with the Supervisory Agreement). Advances to pay or reimburse Lessee or any PPL Group Member for Internal Costs of the type described in clauses (i) or (ii) of the definition of "Internal Costs" at Appendix 1 shall not exceed $2,500,000 in the aggregate. Subject to the foregoing limitations, each Advance (other than an Advance for Participant Capitalized Costs) may be used to acquire Sites, construct Facilities, or Fund Excepted Costs with respect to a Proposed Site located in or to acquire Units of Equipment which, following the Unit Completion Dates therefor, will be stored or installed only in a State of the United States of America or the District of Columbia. All remittances made by the Participants Certificate Holders and Lenders for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent Agent, on behalf of the Lessor, at the Administrative Agent’s 's address for wires referred to in Schedule III hereto prior to 1:00 p.m. (New York City time) on the Advance Date specified in the relevant Advance Request; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. (New York time City time) on the Advance Date specified in such Advance Request, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon the Administrative Agent’s 's receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds on the applicable Advance Date to the Persons entitled thereto and to such accounts as Lessee shall have indicated in the Advance Request. The Funding by each Certificate Holder and each Lender to the Administrative Agent of its respective portion of an Advance shall constitute authorization and direction by such party to Administrative Agent to make an Advance pursuant to this Article III. (iii) Notwithstanding anything contained herein or in any other Operative Agreement to the contrary, unless the Administrative Agent otherwise directs, in its sole discretion, Advances, other than Advances or portions of Advances payable to one or more Participants, shall be paid to the Lessee, who agrees to act as payment agent on behalf of Administrative Agent ("Payment Agent"), and Lessee shall use the Funds relating to each such Advance to pay amounts due and payable to Persons who are not Participants, in accordance with the payment and wire instructions set forth in each Advance Request.

Advances; Limitations and Limits. (i) Pursuant to Section 3.2, each the Advance shall be used solely to (A) reimburse Lessee for amounts previously advanced in respect of, and to pay directly, Project Costs which Lessee certifies in the Advance Request for such Advance will be incurred and become payable within the thirty (30) day period following the date of such Advance, and (B) Fund Capitalized Yield, Capitalized Fees and Capitalized Contingent Rent provided for, and in the manner set forth, at Section 3.2Participant Costs. (ii) The first Advance Document Closing Date shall occur on the or before March 3, 2017. The Document Closing Date (the “Initial Advance Date”). Each Advance Date shall be a Business Day which is also a Payment Date (other than for the Initial Advance Date), and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance during any calendar month. Each Advance shall be comprised solely of Project Costs of the general categories of costs and the Project Costs to be included in such Advance and of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balance. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency AgreementAdvance. All remittances made by the Participants for the Funding of any the Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s address Payment Office referred to in Schedule III hereto hereto, as applicable, prior to 1:00 12:00 p.m. (New York City time) on the Advance Date specified Document Closing Date. Promptly upon the satisfaction (or waiver in the relevant Advance Request; provided, that if accordance with Section 6.1) of the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. New York time on the Advance Date specified in such Advance RequestSection 6.1 of this Participation Agreement, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon the Administrative Agent’s receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2), the Administrative Agent shall wire such funds received from the Participants on the applicable Advance Document Closing Date to the Persons entitled thereto and to such accounts as Lessee shall have indicated in the Advance Request. Unless the Administrative Agent shall have received notice from a Participant prior to the proposed Document Closing Date that such Participant will not make available to the Administrative Agent such Participant’s share of the Advance, the Administrative Agent may assume that such Participant has made or will make such share available on the Document Closing Date in accordance with this Section 3.1 and may, in reliance upon such assumption, make available a corresponding amount to the Lessee or other applicable recipient as directed by the Lessee. In such event, if a Participant has not in fact made its share of the Advance available to the Administrative Agent, then the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Participant, together with interest, at the Interest Rate or Yield Rate, as applicable, on such corresponding amount for each day from and including the date such amount is made available to the Lessee to but excluding the date of payment to the Administrative Agent and the interest owing by any Participant pursuant to this sentence shall be netted from the amount of Rent paid by the Lessee remaining, if any, after the payment of all amounts owing to the other Participants who made their share of the Advance available to the Administrative Agent.

Advances; Limitations and Limits. Notwithstanding the foregoing, (i) Pursuant the Funding by each Participant on such Advance Date shall not exceed such Participant's Available Commitment, (ii) the Advance made by the Administrative Agent to Section 3.2Lessee on such Advance Date, each together with all prior outstanding Advances, shall not exceed the Aggregate Commitment Amount and (iii) the aggregate amount of Advances used to pay Eligible Transaction Expenses and accrued Fees or to reimburse Lessee for Eligible Transaction Expenses as set forth on the Advance Requests shall not exceed at any time 2% of the Aggregate Commitment Amount. Each Advance shall be used solely (i) to (A) reimburse Lessee Construction Agent for amounts previously advanced in respect of, and any Construction Costs paid by Construction Agent prior to pay directly, Project Costs which Lessee certifies in the date of the Advance Request for such Advance will be incurred for which Construction Agent has not previously been reimbursed hereunder or to pay Construction Costs which are due and become payable within on or prior to the thirty (30) day period following the date of such Advance, proposed Advance Date and (Bii) Fund to fund Capitalized YieldTranche A and Tranche B Basic Rent, Capitalized Tranche C Equity Basic Rent and to pay accrued Fees and Capitalized Contingent Rent Transaction Expenses provided for, and in the manner set forth, at in Section 3.2. (ii4.1(b) and Section 15.15. The first initial Advance Date shall occur on the Document Closing Date (the “Initial Advance Date”)or before November 1, 1999. Each Advance Date shall be on a Business Day which is also a Payment Date (other than for the Initial Advance Date)Day, and other than with respect to the month in which the Initial Advance Date occurs, there shall be no more than one Advance Date during any calendar month. Each Advance made on a Advance Date shall be comprised solely in a minimum amount equal to $1,000,000 (except for the initial Advance, which shall be in a minimum amount of Project Costs $500,000), or an integral multiple of $100,000 in excess thereof, provided, that so long as an Advance is for the full amount of the general categories aggregate Available Commitment and exceeds the minimum threshold of costs and the Project Costs to be included in $1,000,000, such Advance and need not be in an integral multiple of the type provided for in each general category of costs together with all prior Advances of Project Costs of such type, as applicable will result in the Project Budget being In Balance. Lessee may not request an Advance with respect to Project Costs payable under any Major Project Agreement unless Lessee has satisfied the conditions with respect thereto of Section 2.4 of the Construction Agency Agreement$100,000. All remittances Fundings made by the Participants for the Funding of any Advance shall be made in immediately available federal funds by wire transfer to the Administrative Agent at the Administrative Agent’s 's address referred to in Schedule III hereto II hereto. In the case of Fundings by the Committed Participants, such Funds shall be remitted to the Administrative Agent prior to 1:00 p.m. 12:00 noon (New York, New York City time) on the Advance Date specified in the relevant Advance Request; providedRequest and, that in the case of a Funding by the Tranche A1 Participant, such Funds shall be remitted to the Administrative Agent promptly following such Participant's receipt of sufficient proceeds from its issuance of Commercial Paper. Notwithstanding the foregoing, if the terms and conditions for such Advance set forth herein have not been satisfied by 1:00 p.m. 10:00 a.m. New York, New York time on the Advance Date specified in such Advance Request, no Participant shall be obligated to maintain the availability of its funds for such Advance unless such Participant has received a satisfactory indemnity for the overnight investment of such funds. Promptly upon Upon the Administrative Agent’s 's receipt of such funds from the Participants, subject to the conditions herein (including Section 3.2)herein, the Administrative Agent shall wire such funds to Lessee for deposit on the applicable Advance Date to the Persons entitled thereto and to such accounts account as Lessee shall have indicated in the Advance Request. The Funding by each Participant to the Administrative Agent of its respective portion of an Advance shall constitute authorization and direction by such party to the Administrative Agent to make an Advance pursuant to this Article III.