Common use of Determination of Advance Amounts Clause in Contracts

Determination of Advance Amounts. Lender hereby agrees, if Borrower has Performed all of the Obligations then due, to make Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of an Advance shall be equal to (a) the aggregate Borrowing Base for all Eligible Notes Receivable less (b) the then unpaid principal balance of the Loan; provided, however, at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount. Furthermore, Lender hereby agrees, if Borrower has Performed all the Obligations then due, to make Availability Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of any Availability Advance shall be equal to (a) eighty percent (80%) of the then‑outstanding principal balance of all Eligible Notes Receivable pledged to Lender less (b) the unpaid principal balance of the Loan; provided, however, that at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount. In addition to satisfying all of the conditions precedent to the making of an Advance, as a condition of an Availability Advance, Borrower shall deliver to Lender a Request for Availability Advance substantially in the form and 24 substance of Exhibit U attached hereto, together with such other items which are reasonably necessary to determine satisfaction of the conditions precedent thereto. 

Determination of Advance Amounts. Lender hereby agrees, if Borrower has Performed all of the Obligations then due, to make Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of an Advance shall be equal to (a) the aggregate Borrowing Base for all Eligible Notes Receivable less (b) the then unpaid principal balance of the Loan; provided, however, at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount, and further provided that at no time shall the combined unpaid principal balance of the Loan and the Inventory Loan exceed the Maximum Loan Amount. Furthermore, Lender hereby agrees, if Borrower has Performed all the Obligations then due, to make Availability Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of any Availability Advance shall be equal to (a) eighty eighty-five percent (8085%) of the then‑outstanding principal balance of all Eligible Notes Receivable pledged to Lender less (b) the unpaid principal balance of the Loan; provided, however, that at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount and further provided that at no time shall the combined unpaid principal balance of the Loan and the Inventory Loan exceed the Maximum Loan Amount. In addition to satisfying all of the conditions precedent to the making of an Advance, as a condition of an Availability Advance, Borrower shall deliver to Lender a Request for Availability Advance substantially in the form and 24 substance of Exhibit U attached hereto, together with such other items which are reasonably necessary to determine satisfaction of the conditions precedent thereto. .

Determination of Advance Amounts. Lender hereby agrees, if Borrower has Performed all of the Obligations then due, to make Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of an Advance shall be equal to (a) As of any date of any requested Advance, after giving effect to the Advance: (i) the sum of: (A) the aggregate Borrowing Base outstanding principal amount of all Advances made to the Borrower under the FFB Note outstanding (including, for all Eligible Notes Receivable less the avoidance of doubt, the principal amount of such requested Advance), and, (bB) the then unpaid principal balance of the Loan; providedAggregate Capitalized Interest, however, at no time shall the unpaid principal balance of the Loan not exceed the Maximum Loan Amount. Furthermore, Lender hereby agrees, if Borrower has Performed all the Obligations then due, to make Availability Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of any Availability Advance shall be equal to (a) eighty percent (80%) of the then‑outstanding sum of: (C) the amount of Eligible Project Costs (excluding all interest for such purposes) incurred and paid on or prior to the relevant Requested Advance Date (or with respect to the final Advance, reasonably anticipated to be paid within ninety (90) days after such Requested Advance Date), and (D) the Aggregate Capitalized Interest; (ii) the outstanding principal balance amount of all Eligible Notes Receivable pledged to Lender less Advances shall not exceed the Maximum Principal Amount; (iii) the aggregate amount of capitalized interest shall not exceed the Maximum Capitalized Interest Amount; and (iv) the outstanding principal amount under each Tranche shall not exceed the Maximum Tranche Commitment Amount for such Tranche. (collectively, the “Debt Sizing Parameters”) (b) the unpaid principal balance The Borrower may request that any portion of the Loan; providedMaximum Tranche Commitment Amount for any Tranche be allocated to another Tranche, howeversubject to the prior written consent of DOE, that at no time which request shall include the unpaid principal balance demonstration of any Additional Equity Contributions required to be made by the Loan exceed Borrower for such Tranche. Upon DOE’s consent, the Maximum Loan Amount. In addition Tranche Commitment Amount for the applicable Tranches shall be automatically adjusted to satisfying all of the conditions precedent to the making of an Advance, as a condition of an Availability Advance, Borrower shall deliver to Lender a Request for Availability Advance substantially in the form and 24 substance of Exhibit U attached hereto, together with reflect such other items which are reasonably necessary to determine satisfaction of the conditions precedent thereto. re-allocation.

Determination of Advance Amounts. Lender hereby agrees, if Borrower has Performed all of the Obligations then due, to make Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of an Advance shall be equal to (a) the aggregate Borrowing Base for all Eligible Notes Receivable less (b) the then unpaid principal balance of the Loan; provided, however, at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount, and further provided that at no time shall the combined unpaid principal balance of the Loan and the Inventory Loan exceed the Maximum Combined Loan Amount. Furthermore, Lender hereby agrees, if Borrower has Performed all the Obligations then due, to make Availability Advances to Borrower in accordance with the terms and conditions of this Agreement for the purposes specified in Section 2.3. The maximum amount of any Availability Advance shall be equal to (a) eighty eighty-five percent (8085%) of the then‑outstanding principal balance of all Eligible Notes Receivable pledged to Lender less (b) the unpaid principal balance of the Loan; provided, however, that at no time shall the unpaid principal balance of the Loan exceed the Maximum Loan Amount and further provided that at no time shall the combined unpaid principal balance of the Loan and the Inventory Loan exceed the Maximum Combined Loan Amount. In addition to satisfying all of the conditions precedent to the making of an Advance, as a condition of an Availability Advance, Borrower shall deliver to Lender a Request for Availability Advance substantially in the form and 24 substance of Exhibit U attached hereto, together with such other items which are reasonably necessary to determine satisfaction of the conditions precedent thereto.