Common use of Early Return of Lessor Advance Clause in Contracts

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' irrevocable notice to the Agent, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements of Section 8.7, in a manner as the Financing Parties shall from time to time agree. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a) shall be allocated to reduce the Lessor Property Cost of the Property immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstanding.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' ’ irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a), 15.1(g) or 15.1(g) 15.2 or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7(b) of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a) 5A.4 shall be allocated to reduce the Lessor Property Cost of based on the then current Property Cost immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion Each prepayment of the Lessor AdvanceAdvances (including without limitation pursuant to Sections 5A.4(a) ratably based or 5A.4(b)) shall be made on such Primary Financing Party's share of the Financing then outstandinga Scheduled Interest Payment Date.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' ’ irrevocable notice to the Agent, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements of Section 8.78.7 of this Agreement, in a manner as the Financing Parties shall from time to time agree. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a) shall be allocated to reduce the Lessor Property Cost of the Property immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d5B.4(a) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes Loans to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's ’s share of the Financing then outstanding.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this the Participation Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' irrevocable notice to the Agent, specifying the date and amount of prepayment of the Lessor Advanceprepayment. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the any Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the any Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property Properties to the Lessee pursuant to Section 20.3 of the Lease, Lease then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements of proceeds in accordance with Section 8.7, in a manner as the Financing Parties shall from time to time agree8.7(b) hereof. (c) Each prepayment of the Lessor Advances Advance pursuant to Section 5B.4(a5B.4 (a) shall be allocated to reduce the respective Lessor Property Costs of all Properties pro rata. Each prepayment of the Lessor Advance pursuant to Section 5B.4(b) shall be allocated to reduce the Lessor Property Cost of the Property immediately before or Properties subject to the respective Casualty, Condemnation, Environmental Violation, termination, purchase, transfer or other circumstance giving effect rise to such prepayment. (d) The Lessee shall not be permitted . Any amounts applied to prepay reduce the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee Property Cost of any Property pursuant to this paragraph (with a payment of Supplemental Rentc) shall also cause be applied to reduce the Loan Property Cost of such Property until such Loan Property Cost has been reduced to zero (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstanding0).

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee with its funds (or in Agent's discretion and at times permitted pursuant to this Agreement and the Cash Collateral Security Documents by application of the Cash Collateral) as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three one (31) Business Days' Day's prior irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advancedadvanced and such prepayments shall be distributed in accordance with Section 8.7(b) of this Agreement. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, or Condemnation or Environmental Violation pursuant to Sections 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the any Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the any Property or such other applicable amount in connection with the exercise of a the Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property Properties to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7(b) of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a5B.4 shall (i) be credited to reduce the Property Cost of the Properties ratably unless such prepayment is associated with a specific Property in which case it shall be allocated to reduce the Lessor Property Cost of the such Property immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans be distributed pursuant to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstandingSection 8.7.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement and further subject to corresponding and concurrent prepayment of the Credit Loans and the Mortgage Loans pursuant to Section 2.6(a) of the Credit Loan Agreement and the Mortgage Loan Agreement, respectively, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' ’ irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount of the Lessor Advance specified in such notice shall be due and payable on the date specified therein, together with all accrued but unpaid Lessor Yield and all other amounts due to Lessor under the Operative Agreements. Amounts of the Lessor Advance prepaid shall permanently decrease the Lessor Commitment and the Available Lessor Commitment, and such amounts may not be re-advancedreadvanced. Notwithstanding the foregoing, (i) amounts so prepaid in favor of the Lessor must be distributed in accordance with Section 8.7 of this Agreement and (ii) there shall be no such prepayment of the Credit Loans or the Mortgage Loans in connection with the prepayment of the Lessor Advance pursuant to this Section 5A.4(a) made with regard to any Lessor Basic Rent Adjustment. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections Section 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease or (iv) any other payment required to be made or elected to be made by the Construction Agent or the Lessee to the Lessor pursuant to the terms of the Agency Agreement or the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7 of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment Upon the occurrence of any Agency Agreement Event of Default or any Lease Event of Default, the obligation to repay the Lessor Advances pursuant to Section 5B.4(a) shall automatically accelerate and such shall be allocated due and payable in full, together with accrued but unpaid Lessor Yield thereon and all other amounts owing to reduce the Lessor Property Cost of under the Property immediately before giving effect to such prepaymentOperative Agreements. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstanding.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the any Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the any Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property Properties to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7(b) of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a) shall be allocated to reduce the Property Cost of each Property ratably based on the then current Property Cost of each Property immediately before giving effect to such prepayment. Each prepayment of the Lessor Advances pursuant to Section 5B.4(b) shall be allocated to reduce the Property Cost of the affected Property immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstanding.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' ’ irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount specified in such notice shall be due and payable on the date specified therein. Amounts prepaid shall not be re-advanced. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections 15.1(a), 15.1(g) or 15.1(g) 15.2 or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7(b) of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment of the Lessor Advances pursuant to Section 5B.4(a5A.4(a) shall be allocated to reduce the Lessor Property Cost based on the then current Property Cost immediately before giving effect to such prepayment. Each prepayment of the Lessor Advances pursuant to Section 5A.4(b) shall be allocated to reduce the Property Cost immediately before giving effect to such prepayment. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion Each prepayment of the Lessor AdvanceAdvances (including without limitation pursuant to Sections 5A.4(a), 5A.4(b) ratably based or 5A.4(c)) shall be made on such Primary Financing Party's share of the Financing then outstandinga Scheduled Interest Payment Date.

Early Return of Lessor Advance. (a) Subject to Section 5B.4(a) or (b) and Sections 11.2(e), 11.3 and 11.4 of this Agreement and further subject to corresponding and concurrent prepayment of the Credit Loans and the Mortgage Loans pursuant to Section 2.6(a) of the Credit Loan Agreement and the Mortgage Loan Agreement and Section 5.22 of the Participation Agreement, respectively, the Lessor Advance may at any time after the first annual anniversary of the Closing Date and from time to time thereafter be prepaid by the Lessee as a payment of Supplemental Rent, in whole or in part, without premium or penalty, upon at least three (3) Business Days' ’ irrevocable notice to the Agent, on behalf of the Lessor, specifying the date and amount of prepayment of the Lessor Advance. Upon receipt of such notice, the Agent shall promptly notify the Lessor thereof. If such notice is given, the amount of the Lessor Advance specified in such notice shall be due and payable on the date specified therein, together with all accrued but unpaid Lessor Yield and all other amounts due to Lessor under the Operative Agreements. Amounts of the Lessor Advance prepaid shall permanently decrease the Lessor Commitment and the Available Lessor Commitment, and such amounts may not be re-advancedreadvanced. Notwithstanding the foregoing, (i) amounts so prepaid in favor of the Lessor must be distributed in accordance with Section 8.7 of this Agreement and (ii) there shall be no such prepayment of the Credit Loans or the Mortgage Loans in connection with the prepayment of the Lessor Advance pursuant to this Section 5A.4(a) made with regard to any Lessor Basic Rent Adjustment. (b) If on any date the Agent or the Lessor shall receive any payment in respect of (i) any Casualty, Condemnation or Environmental Violation pursuant to Sections Section 15.1(a) or 15.1(g) or Article XVI of the Lease (excluding any payments in respect thereof which are payable to Lessee in accordance with the Lease), or (ii) the Termination Value of the Property in connection with the delivery of a Termination Notice pursuant to Article XVI of the Lease, or (iii) the Termination Value of the Property or such other applicable amount in connection with the exercise of a Purchase Option under Article XX of the Lease or the exercise of the option of the Lessor to transfer the Property to the Lessee pursuant to Section 20.3 of the Lease or (iv) any other payment required to be made or elected to be made by the Construction Agent or the Lessee to the Lessor pursuant to the terms of the Agency Agreement or the Lease, then in each case, the Agent or the Lessor shall receive such payment to be distributed, subject to the requirements distributed in accordance with Section 8.7 of Section 8.7, in a manner as the Financing Parties shall from time to time agreethis Agreement. (c) Each prepayment Upon the occurrence of any Agency Agreement Event of Default or any Lease Event of Default, the obligation to repay the Lessor Advances pursuant to Section 5B.4(a) shall automatically accelerate and such shall be allocated due and payable in full, together with accrued but unpaid Lessor Yield thereon and all other amounts owing to reduce the Lessor Property Cost of under the Property immediately before giving effect to such prepaymentOperative Agreements. (d) The Lessee shall not be permitted to prepay the Lessor Advance in accordance with Section 5B.4(d) unless, concurrently with such prepayment, Lessee (with a payment of Supplemental Rent) shall also cause (i) each of the Credit Notes to be prepaid and (ii) each of the Mortgage Loans to be prepaid, in each case (including the payment to Lessor of all or a portion of the Lessor Advance) ratably based on such Primary Financing Party's share of the Financing then outstanding.