Common use of HOLDER ADVANCES Clause in Contracts

HOLDER ADVANCES. (a) Subject to the terms and conditions of this Agreement and the other Operative Agreements, including the satisfaction of all applicable conditions precedent set forth in SECTION 5, and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, on each Funding Date, each Holder shall make an advance of immediately available funds (each, a "Holder Advance"), on a pro rata basis, to the Trust, based on such Holder's Holder Commitment as set forth on SCHEDULE 1.2; provided, that the Agent shall have received a Requisition from the Construction Agent in accordance with SECTION 4. The aggregate amount of all Holder Advances shall be not less than four percent (4.0%) of the amount of all Advances requested; provided, that no Holder shall be obligated to make any Holder Advance if, after giving effect to the proposed Holder Advance, the outstanding aggregate amount of the Holder Advances of such Holder would exceed such Holder's Holder Commitment; and provided, further, that the aggregate amount of Holder Advances shall not, at any time, exceed the aggregate amount of all Holder Commitments. (b) No prepayment or any other payment with respect to any Advance shall be permitted if such prepayment or payment would cause the outstanding Holder Advances to equal less than four percent (4.0%) of the outstanding amount of all Advances, except in connection with the termination or expiration of the Term, or in connection with the exercise of remedies relating to the occurrence of an Event of Default. To the extent the Trust, in its capacity as Borrower under the Credit Agreement, shall have elected to terminate or reduce the amount of the aggregate Lender Commitments pursuant to Section 2.4(b) of the Credit Agreement, a pro rata election shall be deemed to have been made with respect to the Holder Commitment. On any date on which the aggregate Lender Commitments shall be reduced to zero ($0) as a result of a Credit Agreement Event of Default, the aggregate Holder Commitments shall also automatically be reduced to zero ($0) and the Trust shall prepay the Holder Advances in full, together with accrued but unpaid Holder Yield thereon and all other amounts owing under the Certificates. (c) The representations, warranties, covenants and agreements of the Holders herein and in the other Operative Agreements are several, and not joint or joint and several.

HOLDER ADVANCES. (a) Subject to the terms and conditions of this Agreement and the other Operative Agreements, including the satisfaction of all applicable conditions precedent set forth in SECTION 5, Agreements and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, on each Funding Datedate Advances are requested to be made in accordance with Section 5 hereof, each Holder shall make an advance a Holder Advance in proportion to each such Holder’s share of the aggregate Holder Commitments to the Lessor with respect to the Digital Hospital Trust 2001-1 in immediately available funds (each, a "Holder Advance"), on a pro rata basis, in an amount equal to the Trust, based on such Holder's Holder Commitment as set forth on SCHEDULE 1.2; provided, that the Agent shall have received a Requisition from the Construction Agent in accordance with SECTION 4. The aggregate amount of all Holder Advances shall be not less than four three percent (4.03%) of the amount of all Advances requestedthe Requested Funds (less the Holder Fees); provided, that no Holder shall be obligated to make for any Holder Advance if, after giving effect to the proposed Holder Advance, the outstanding aggregate amount in excess of its pro rata share of the Holder Advances of such Holder would exceed such Holder's Available Holder Commitment; and provided, further, with respect to the Holder Fees, each Holder shall make a Holder Advance for Holder Fees in proportion to each such Holder’s share of the aggregate Holder Commitments such that the aggregate of all Holder Advances shall be one hundred percent (100%) of the Holder Fees payable on such date. The aggregate amount of Holder Advances shall not, at any time, exceed be up to the aggregate amount of all the Holder Commitments. (b) . No prepayment or any other payment with respect to any Advance shall be permitted if such prepayment or payment would cause that the outstanding Holder Advances Advance with respect to equal such Advance is less than four three percent (4.03%) of the outstanding amount of all Advancessuch Advance plus the Holder Fees, except in connection with the termination or expiration of the Term, Term or in connection with the exercise of remedies relating to the occurrence of an a Lease Event of Default. To the extent the Trust, in its capacity as Borrower under the Credit Agreement, shall have elected to terminate or reduce the amount of the aggregate Lender Commitments pursuant to Section 2.4(b) of the Credit Agreement, a pro rata election shall be deemed to have been made with respect to the Holder Commitment. On any date on which the aggregate Lender Commitments shall be reduced to zero ($0) as a result of a Credit Agreement Event of Default, the aggregate Holder Commitments shall also automatically be reduced to zero ($0) and the Trust shall prepay the Holder Advances in full, together with accrued but unpaid Holder Yield thereon and all other amounts owing under the Certificates. (c) The representations, warranties, covenants and agreements of the Holders herein and in the other Operative Agreements are several, and not joint or joint and several.

HOLDER ADVANCES. (a) Subject to the terms and conditions of this Agreement and the other Operative Agreements, including the satisfaction of all applicable conditions precedent set forth in SECTION 5, and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, on each Funding Date, each Holder shall make an advance of immediately available funds (each, a "Holder Advance"), ) on a pro rata basis, basis to the Trust, based on such Holder's Holder Commitment as percentage commitment set forth on SCHEDULE 1.2; Schedule 2.1 attached hereto (the "Holder Commitment"), provided, that the Agent shall have received a Requisition from the Construction Agent Lessee in accordance with SECTION 4Section 5 hereof. The aggregate amount of all Holder Advances shall be not less than four percent (4.04%) of the amount of all Advances requested; provided, that no Holder shall be obligated to make any Holder Advance if, after giving effect to the proposed Holder Advance, the outstanding aggregate amount in excess of its pro rata share of the Holder Advances of such Holder would exceed such Holder's Available Holder Commitment; and provided, further, that the . The aggregate amount of Holder Advances shall not, at any time, not exceed the aggregate amount of all the Holder Commitments. (b) . No prepayment or any other payment with respect to any Advance shall be permitted if such prepayment or payment would cause that the outstanding Holder Advances to equal less than four percent (4.04%) of the outstanding amount of all the Advances, ; except in connection with the termination or expiration of the Term, or in connection with the exercise of remedies relating to the occurrence of an a Lease Event of Default. To the extent the Trust, in its capacity as Borrower under the Credit Agreement, shall have elected to terminate or reduce the amount of the aggregate Lender Commitments Commitment pursuant to Section 2.4(b) 2.4 of the Credit Agreement, a pro rata election shall be deemed to have been made with respect to the Holder Commitment. On any date on which the aggregate Lender Commitments Commitment shall be reduced to zero ($0) as a result of a Credit Agreement Event of Default, the aggregate Holder Commitments Commitment shall also automatically be reduced to zero ($0) and the Trust shall prepay the Holder Advances in full, together with accrued but unpaid Holder Yield thereon and all other amounts owing under the Certificates. (c) . The representations, warranties, covenants and agreements of the Holders herein and in the other Operative Agreements are several, and not joint or joint and several. SUMMARY OF TRANSACTIONS.

HOLDER ADVANCES. (a) Subject to the terms and conditions of this Agreement and the other Operative Agreements, including the satisfaction of all applicable conditions precedent set forth in SECTION 5, Agreements and in reliance on the representations and warranties of each of the parties hereto contained herein or made pursuant hereto, on each Funding Datedate Advances are requested to be made in accordance with Section 5 hereof, each Holder shall make an advance a Holder Advance in proportion to each such Holder's share of the aggregate Holder Commitments to the Lessor with respect to the Digital Hospital Trust 2001-1 in immediately available funds (each, a "Holder Advance"), on a pro rata basis, in an amount equal to the Trust, based on such Holder's Holder Commitment as set forth on SCHEDULE 1.2; provided, that the Agent shall have received a Requisition from the Construction Agent in accordance with SECTION 4. The aggregate amount of all Holder Advances shall be not less than four three percent (4.03%) of the amount of all Advances requestedthe Requested Funds (less the Holder Fees); provided, that no Holder shall be obligated to make for any Holder Advance if, after giving effect to the proposed Holder Advance, the outstanding aggregate amount in excess of its pro rata share of the Holder Advances of such Holder would exceed such Holder's Available Holder Commitment; and provided, further, with respect to the Holder Fees, each Holder shall make a Holder Advance for Holder Fees in proportion to each such Holder's share of the aggregate Holder Commitments such that the aggregate of all Holder Advances shall be one hundred percent (100%) of the Holder Fees payable on such date. The aggregate amount of Holder Advances shall not, at any time, exceed be up to the aggregate amount of all the Holder Commitments. (b) . No prepayment or any other payment with respect to any Advance shall be permitted if such prepayment or payment would cause that the outstanding Holder Advances Advance with respect to equal such Advance is less than four three percent (4.03%) of the outstanding amount of all Advancessuch Advance plus the Holder Fees, except in connection with the termination or expiration of the Term, Term or in connection with the exercise of remedies relating to the occurrence of an a Lease Event of Default. To the extent the Trust, in its capacity as Borrower under the Credit Agreement, shall have elected to terminate or reduce the amount of the aggregate Lender Commitments pursuant to Section 2.4(b) of the Credit Agreement, a pro rata election shall be deemed to have been made with respect to the Holder Commitment. On any date on which the aggregate Lender Commitments shall be reduced to zero ($0) as a result of a Credit Agreement Event of Default, the aggregate Holder Commitments shall also automatically be reduced to zero ($0) and the Trust shall prepay the Holder Advances in full, together with accrued but unpaid Holder Yield thereon and all other amounts owing under the Certificates. (c) The representations, warranties, covenants and agreements of the Holders herein and in the other Operative Agreements are several, and not joint or joint and several.