Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24, 2005 between the Company and Renewable Energy Group, and other construction contracts of the Company for the Improvements.
Appears in 2 contracts
Samples: Construction and Term Loan Supplement (Western Iowa Energy, L.L.C.), Construction and Revolving Term Loan Supplement (Western Iowa Energy, L.L.C.)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined defmed in Section 7(A)(xiii7(A)(xiv) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“"Retainage”") set out in the construction contract dated May 24January 17, 2005 2006, between the Company and Renewable Energy GroupFagen, Inc., and other construction contracts of the Company for the fxx xxe Improvements.
Appears in 1 contract
Samples: Construction and Term Loan Supplement (Green Plains Renewable Energy, Inc.)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(xi) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) Construction and Term Loan Supplement RI0340T02 Advanced BioEnergy, LLC Fairmont, Nebraska set out in the construction contract dated May 24, 2005 between the Company and Renewable Energy GroupFxxxx, Inc., and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Revolving Term Loan Supplement (Advanced BioEnergy, LLC)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(xv) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24December 8, 2005 2004, between the Company and Renewable Energy GroupFxxxx, Inc., and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Term Loan Supplement (Lincolnway Energy, LLC)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(xiv) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24, 2005 between the Company and Renewable Energy GroupAgra Industries, Inc., and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Term Loan Supplement (Green Plains Renewable Energy, Inc.)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(xi) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(19(B)( 1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24, 2005 between the Company and Renewable Energy GroupXxxxx, Inc., and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Revolving Term Loan Supplement (Advanced BioEnergy, LLC)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(xi) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24, 2005 between the Company and Renewable Energy GroupXxxxx, Inc., and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Term Loan Supplement (Advanced BioEnergy, LLC)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor therefore in the Project Budget (as defined in Section 7(A)(xiii7(A)(v) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24October 10, 2005 2006 between the Company and Renewable Energy GroupREG Construction Services, LLC, and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Revolving Term Loan Supplement (East Fork Biodiesel, LLC)
Limits on Advances. Agent shall not be required to advance funds: (i) for any category or line item of acquisition or construction cost in an amount greater than the amount specified therefor in the Project Budget (as defined in Section 7(A)(xiii7(A)(v) of the MLA); or (ii) for any services not yet performed or for materials or goods not yet incorporated into the Improvements or delivered to and properly stored on the Property. No advance hereunder shall exceed 100% of the aggregate costs actually paid or currently due and payable and represented by invoices accompanying a Request for Construction Loan Advance submitted pursuant to Section 9(B)(1) herein less the amount of retainage (“Retainage”) set out in the construction contract dated May 24October 10, 2005 2006, between the Company and Renewable Energy GroupREG Construction Services, LLC, and other construction contracts of the Company for the Improvements.
Appears in 1 contract
Samples: Construction and Term Loan Supplement (East Fork Biodiesel, LLC)