Common use of Multiple Advances Clause in Contracts

Multiple Advances. The 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, from and after the Effective Date and continuing until the Commitment Termination 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 “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 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 providing Borrower with the funds necessary to satisfy any additional Reserve Contributions required to be made by Borrower in accordance with the provisions of the Partnership Agreement. Notwithstanding the foregoing, (i) the aggregate amount of all Cushion Advances made under this Section 2.3(b) shall not exceed the Cushion Commitment Amount, and (ii) all such Cushion Advances shall be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Cushion Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the 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 Cushion 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, from and after during the period commencing as of the Secondary Loan Effective Date and continuing until the Secondary Loan Commitment Termination Date, Lender agrees Date (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 “Cushion Advances” and each a “Cushion AdvanceSecondary Loan Commitment Period”) 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 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 providing Borrower with the funds necessary to satisfy any additional Reserve Contributions required to be made funding (x) Qualifying Expenses incurred by Borrower in accordance with during the provisions 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 Partnership Agreement. Notwithstanding the foregoingInitial Loan and Security Agreement Advance (a “Repayment Amount”); provided, 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 Cushion Secondary Loan Commitment Amount, and 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 Cushion Advances shall may be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Cushion 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 Cushion 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, from and after the Effective Date and continuing until the Commitment Termination 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 “Cushion Reserve Funding Advances” and each a “Cushion Reserve Funding Advance”) to Borrower for purposes of providing Borrower with (1) the Initial Loan and Security Agreement Advance; (2) repaying the Initial Loan and Security Agreement Advance as provided in Section 2.4(b); and (3) such other funds as are 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 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 providing Borrower with the funds necessary to satisfy any additional Reserve Contributions required to be made by Borrower in accordance with the provisions of the Partnership Agreement. Notwithstanding the foregoing, (i) the aggregate amount of all Cushion Reserve Funding Advances made under this Section 2.3(b2.2(b) shall not exceed the Cushion Reserve Funding Commitment Amount, and (ii) all such Cushion Reserve Funding Advances 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 Cushion Reserve Funding Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the 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 Cushion 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, from and after during the period commencing as of the Effective Date and continuing until the Initial Loan Commitment Termination Date, Lender agrees Date (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 (collectivelysuch period, the “Cushion Advances” and each a “Cushion AdvanceInitial Loan Commitment Period”) 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 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 providing Borrower with the funds necessary to satisfy any additional Reserve Contributions required to be made funding Qualifying Expenses incurred by Borrower in accordance with during the provisions of the Partnership Agreement. Notwithstanding the foregoingInitial Loan Commitment Period, either by Lender directly paying such Qualifying Expenses or reimbursing Borrower for such Qualifying Expenses; provided, however, that (i) the aggregate amount of all Cushion Advances made under this Section 2.3(b2.1(b) shall not exceed the Cushion Initial Loan Commitment Amount, Amount (as such amount may be adjusted in accordance with Section 2.2); and (ii) all such Cushion Advances shall may be repaid or prepaid in accordance with the provisions hereof, but once repaid or prepaid may not be reborrowed. If the entire Cushion Initial Loan Commitment Amount available to Borrower hereunder is not requested by Borrower prior to the 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.