Common use of Multiple Advances Clause in Contracts

Multiple Advances. The Secondary Loan provided by Lender under this Agreement shall be structured as a multiple advance term loan. Accordingly, subject to and upon the terms and conditions of this Agreement, during the period commencing as of the Secondary Loan Effective Date and continuing until the Secondary Loan Commitment Termination Date (the “Secondary Loan Commitment Period”), Lender agrees to make Advances to Borrower for purposes of funding (x) Qualifying Expenses incurred by Borrower during the Secondary Loan Commitment Period, either by Lender directly paying such Qualifying Expenses or reimbursing Borrower for such Qualifying Expenses, or (y) repayment of all or any portion of the Initial Loan and Security Agreement Advance (a “Repayment Amount”); provided, however, that (i) the aggregate amount of all Advances made under this Section 2.3(b) for the purpose of funding Qualifying Expenses shall not exceed the Secondary Loan Commitment Amount minus the amount of the Adjusted Retained Net Offering Proceeds from time to time; (ii) the aggregate amount of the Advances to pay Qualifying Expenses under clause (i) plus the aggregate amount of the Advances to pay all Repayment Amounts shall not exceed the Secondary Loan Commitment Amount; and (iii) all such Advances may be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Secondary Loan Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the Secondary Loan Commitment Termination Date, then any principal amounts for which disbursement has not been requested by Borrower shall not be disbursed hereunder and Borrower shall not be liable for such non-disbursed amounts.

Multiple Advances. The Secondary Cushion Loan provided by Lender under this Agreement shall be structured as a multiple advance term loan. Accordingly, subject to and upon the terms and conditions of this Agreement, during from and after the period commencing as of the Secondary Loan Effective Date and continuing until the Secondary Loan Commitment Termination Date Date, Lender agrees (subject to the fulfillment of all conditions precedent set forth in this Agreement and so long as no Event of Default exists which has not been waived or timely cured) to make Advances (collectively, the “Secondary Loan Cushion Advances” and each a “Cushion Advance”) to Borrower for purposes of providing Borrower with the funds necessary to satisfy any Additional Contribution required to be made by Borrower in accordance with the provisions of the Partnership Agreement. In addition to the foregoing, in the event that Borrower has fully exhausted the Reserve Funding Commitment Period”)Amount pursuant to the receipt of Reserve Funding Advances in accordance with Section 2.2 of this Agreement, Lender agrees to make Cushion Advances to Borrower for purposes of funding (x) Qualifying Expenses incurred providing Borrower with the funds necessary to satisfy any additional Reserve Contributions required to be made by Borrower during in accordance with the Secondary Loan Commitment Period, either by Lender directly paying such Qualifying Expenses or reimbursing Borrower for such Qualifying Expenses, or (y) repayment of all or any portion provisions of the Initial Loan and Security Agreement Advance (a “Repayment Amount”); providedPartnership Agreement. Notwithstanding the foregoing, however, that (i) the aggregate amount of all Cushion Advances made under this Section 2.3(b) for the purpose of funding Qualifying Expenses shall not exceed the Secondary Loan Cushion Commitment Amount minus the amount of the Adjusted Retained Net Offering Proceeds from time to time; Amount, and (ii) the aggregate amount of the Advances to pay Qualifying Expenses under clause (i) plus the aggregate amount of the Advances to pay all Repayment Amounts shall not exceed the Secondary Loan Commitment Amount; and (iii) all such Cushion Advances may shall be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Secondary Loan Cushion Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the Secondary Loan Commitment Termination Date, then any principal amounts for which disbursement has not been requested by Borrower shall not be disbursed hereunder and Borrower shall not be liable for such non-disbursed amounts.

Multiple Advances. The Secondary Reserve Funding Loan provided by Lender under this Agreement shall be structured as a multiple advance term loan. Accordingly, subject to and upon the terms and conditions of this Agreement, during from and after the period commencing as of the Secondary Loan Effective Date and continuing until the Secondary Loan Commitment Termination Date (the “Secondary Loan Commitment Period”)Date, Lender agrees (subject to the fulfillment of all conditions precedent set forth in this Agreement and so long as no Event of Default exists which has not been waived or timely cured) to make Advances (collectively, the “Reserve Funding Advances” and each a “Reserve Funding Advance”) to Borrower for purposes of funding providing Borrower with (x1) Qualifying Expenses incurred by Borrower during the Secondary Initial Loan Commitment Period, either by Lender directly paying such Qualifying Expenses or reimbursing Borrower for such Qualifying Expenses, or and Security Agreement Advance; (y2) repayment of all or any portion of repaying the Initial Loan and Security Agreement Advance (a “Repayment Amount”as provided in Section 2.4(b); providedand (3) such other funds as are necessary to satisfy any Reserve Contributions required to be made by Borrower in accordance with the provisions of the Partnership Agreement. Notwithstanding the foregoing, however, that (i) the aggregate amount of all Reserve Funding Advances made under this Section 2.3(b2.2(b) for the purpose of funding Qualifying Expenses shall not exceed the Secondary Loan Reserve Funding Commitment Amount minus the amount of the Adjusted Retained Net Offering Proceeds from time to time; Amount, and (ii) the aggregate amount of the Advances to pay Qualifying Expenses under clause (i) plus the aggregate amount of the Advances to pay all Repayment Amounts shall not exceed the Secondary Loan Commitment Amount; and (iii) all such Reserve Funding Advances may shall be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed; provided, however, that the amount of the Initial Loan and Security Agreement Advance once fully paid or prepaid may be reborrowed a single time either in a single Advance or broken into multiple Advances. If the entire Secondary Loan Reserve Funding Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the Secondary Loan Commitment Termination Date, then any principal amounts for which disbursement has not been requested by Borrower shall not be disbursed hereunder and Borrower shall not be liable for such non-disbursed amounts.

Multiple Advances. The Secondary Initial Loan provided by Lender under this Agreement shall be structured as a multiple advance term loan. Accordingly, subject to and upon the terms and conditions of this Agreement, during the period commencing as of the Secondary Loan Effective Date and continuing until the Secondary Initial Loan Commitment Termination Date (such period, the “Secondary Initial Loan Commitment Period”), Lender agrees to make Advances to Borrower for purposes of funding (x) Qualifying Expenses incurred by Borrower during the Secondary Initial Loan Commitment Period, either by Lender directly paying such Qualifying Expenses or reimbursing Borrower for such Qualifying Expenses, or (y) repayment of all or any portion of the Initial Loan and Security Agreement Advance (a “Repayment Amount”); provided, however, that (i) the aggregate amount of all Advances made under this Section 2.3(b2.1(b) for the purpose of funding Qualifying Expenses shall not exceed the Secondary Initial Loan Commitment Amount minus the (as such amount of the Adjusted Retained Net Offering Proceeds from time to time; (ii) the aggregate amount of the Advances to pay Qualifying Expenses under clause (i) plus the aggregate amount of the Advances to pay all Repayment Amounts shall not exceed the Secondary Loan Commitment Amountmay be adjusted in accordance with Section 2.2); and (iiiii) all such Advances may be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Secondary Initial Loan Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the Secondary Initial Loan Commitment Termination Date, then any principal amounts for which disbursement has not been requested by Borrower shall not be disbursed hereunder and Borrower shall not be liable for such non-disbursed amounts.