Common use of Notice, Time and Place of Fundings Clause in Contracts

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., Atlanta, Georgia time, at least three (3) Business Days prior to the Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLP, Xxx Xxxxx Xxxxxx, Richmond, Virginia 23219, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, and each Advance (other than the final Advance) shall be in an amount equal to $500,000 or an integral multiple of $100,000 in excess thereof. All remittances made by any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, not later than 12:00 noon, Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- III; such funds shall (1) in the case of the initial Funding on the Closing --- Date, be used to pay development, transaction and closing costs related to such Land (to the extent permitted to be paid with Advances hereunder), and (2) in the case of each subsequent Funding, be paid to the Construction Agent for the payment or reimbursement of Construction costs incurred through such Funding Date and not previously paid or reimbursed.

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., Atlanta, Georgia time, at least three (3) Business Days prior to the Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLP, Xxx Xxxxx Xxxxxx, Richmond, Virginia 23219, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, and each Advance (other than the final Advance) shall be in an amount equal to $500,000 or an integral multiple of $100,000 in excess thereof. All remittances made by any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, not later than 12:00 noon, Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- III; such ----------- funds shall (1) in the case of the initial Funding on the Closing --- Date, be used to pay development, transaction and closing costs related to such Land (to the extent permitted to be paid with Advances hereunder), and (2) in the case of each subsequent Funding, be paid to the Construction Agent for the payment or reimbursement of Construction costs incurred through such Funding Date and not previously paid or reimbursed.

Notice, Time and Place of Fundings. (i) With respect to each ---------------------------------- Funding, the a Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior telephone (followed within one Business Day with written) or written notice not later than 11:00 a.m., Atlanta, Georgia time, at least three (3) Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, the Leased Property to which such Funding relates, whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLPMayer, Xxx Brown, Xxxx & Maw, 000 Xxxxx XxXxxxx Xxxxxx, RichmondXxxxxxx, Virginia 23219Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to $500,000 250,000 or an integral multiple of $100,000 25,000 in excess thereof, with the exception of the final draw, which may be for such lesser amount as may be due and owing to fund the balance of the Construction Costs for the related Leased Property. All remittances made by by, or caused to be made by, any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction AgentAgent or a Lessee, with receipt by the Construction Agent or such Lessee, as the case may be, not later than 12:00 noon1:00 p.m., Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISection 3; such funds shall (1) in the case of the initial Funding on the a Closing --- Date, be used to pay developmentthe purchase price to the applicable Seller, transaction or ground rent to the applicable Ground Lessor, for the related Land and closing costs any Building thereon and pay Construction Costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding (other than Alteration Fundings) be paid to the Construction Agent Agent, as agent for the Lessor, for the payment or reimbursement of Construction Costs incurred through such Funding Date and not previously paid or reimbursed or for the Estimated Completion Amount and (3) in the case of each Alteration Funding, be paid to the related Lessee, for the payment or reimbursement of the costs of the related Approved Alterations incurred through such Funding Date and not previously paid or reimbursed.

Notice, Time and Place of Fundings. (i) With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior telephone (followed within one Business Day with written) or written notice not later than 11:00 a.m., Atlanta, Georgia time, at least three (3) Business Days (or one Business Day, in the case of Base Rate Advances) prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "“Funding Request"”), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, the Leased Property to which such Funding relates, whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods Gxxxxxxxx Txxxxxx, LLP, Xxx Xxxxx Xxxxxx70 Xxxx Xxxxxx Xxxxx, RichmondSuite 2500, Virginia 23219Chicago, Illinois 60601, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to at least $500,000 or an integral multiple 250,000, with the exception of the final draw for any Leased Property, which may be for such lesser amount as may be due and owing to fund the balance of the Construction Costs for such Leased Property. With respect to each Construction Land Interest, the Construction Agent shall request a Funding (i) no less frequently than once each calendar month and (ii) within one week of each time that the Construction Costs that have been incurred in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $100,000 in excess thereof1,000,000. All remittances made by by, or caused to be made by, any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction AgentAgent or the Lessee, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 12:00 noon1:00 p.m., Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- III; such funds shall (1) in the case of the initial Funding on the a Closing --- Date, be used to pay developmentthe purchase price to the applicable Seller, transaction or ground rent to the applicable Ground Lessor, for the related Land and closing costs any Building thereon and pay Construction Costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding be paid to the Construction Agent Agent, as agent for the Lessor, for the payment or reimbursement of Construction costs Costs incurred through such Funding Date and not previously paid or reimbursed.

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the ---------------------------------- a Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., AtlantaRoanoke, Georgia Virginia time, at least three (3) Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying --------- --------------- the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, whether such Funding shall be a LIBOR Advance or a Base Prime Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLPXxxxx, Xxx Xxxxx & Xxxxx, 000 Xxxxx Xxxxx Xxxxxx, Richmond00xx Xxxxx, Virginia 23219Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final AdvanceFunding) shall be in an amount equal to $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof. All remittances made by any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, with receipt by the Construction Agent not later than 12:00 noon, AtlantaRoanoke, Georgia Virginia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISection 3; such funds shall (1) in the case of the initial --------- Funding on the Closing --- Date, be used to pay the purchase price to the applicable Seller (or to reimburse Lessor) for the related Land and pay development, transaction and closing costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding be paid to the Construction Agent Agent, for the payment or reimbursement of Construction costs incurred through such Funding Date and not previously paid or reimbursed. Except as otherwise expressly provided below, any request for Funding shall be made solely by the Construction Agent in accordance with the Construction Agency Agreement of even date herewith. No other Funding may occur without the Lessee's (and if a different party, the Construction Agent's) consent except for automatic payments and accruals under Section 2.3(c).

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m.12:00 noon, Atlanta, Georgia New York City time, at least three (3) two Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit EXHIBIT A (a --------- "Funding RequestFUNDING REQUEST"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, whether such Funding shall be a LIBOR Eurodollar Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At therefor (it being understood that the election of Funded Amounts, including the LesseeSynthetic Lease Loans, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any monthallocated among Eurodollar Advances, including the Rent Periods therefor, and the Base Rate Advance, if any, on a pro rata basis). All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLPMayer, Xxx Xxxxx XxxxxxBrown & Platt, Richmond190 South LaSalle Street, Virginia 23219Chicago, or Illinoxx 00600, xx at such other location as may be determined by the Lessorxxxxx xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, the Construction Agent and the Administrative Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof. All remittances made by any B Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, with receipt by the Construction Agent not later than 12:00 noon2:00 p.m., Atlanta, Georgia New York City time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISECTION 3; such funds funds, together with the proceeds of the related Synthetic Lease Loans, shall (1) in the case of the initial Funding on the a Closing --- Date, be used to pay the purchase price to the applicable Seller for the related Land and pay development, transaction and closing costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding be paid to the Construction Agent Agent, for the payment or reimbursement of Construction costs incurred through such Funding Date and not previously paid or reimbursedreimbursed or to pay for Construction costs incurred not later than 120 days after the Completion Date for the related Leased Property.

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, Agent shall give the Lessor Lessor, the Agent and the Agent Administrator an irrevocable prior written notice not later than 11:00 a.m., AtlantaNashville, Georgia Tennessee time, at least three (3) Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, and the amount of Funding requested, whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLPXxxxx, Xxx Xxxxx & Xxxxx, 000 Xxxxx XxXxxxx Xxxxxx, RichmondXxxxxxx, Virginia 23219Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Construction Agent, the Agent and the AgentAdministrator. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to $500,000 3,000,000 or an integral multiple of $100,000 in excess thereof. There shall be no more than four Fundings in any calendar month. All remittances made by any the Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, with receipt by the Construction Agent not later than 12:00 noon, AtlantaNashville, Georgia Tennessee time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISection 3; such funds shall (1) unless no purchase price is payable to the applicable Seller for the related Land, in the case of the initial Funding on the a Closing --- Date, be used to pay the purchase price to the applicable Seller or the rent to the applicable Ground Lessor, as the case may be, for the related Land and pay the Construction Agent development, transaction and closing costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding (or first Funding in the case of a Leased Property for which no purchase price was payable for the related Land) be paid to the Construction Agent Agent, for the payment or reimbursement of Construction costs that have been incurred through on or prior to such Funding Date and not previously paid or reimbursedDate.

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, Agent shall give the Lessor and the Agent an irrevocable prior telephone (followed within one Business Day with written) or written notice not later than 11:00 a.m.(i) 12:00 noon, Atlanta, Georgia time, at least three (3) Business Days prior to the Closing Date or other proposed Funding Date, as in the case may beof LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Funding Date, in the case of Base Rate Advances, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "“Funding Request"”), signed by an Authorized Officer of the Construction Agent specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, requested and whether such Funding shall be a LIBOR Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any monththereof. All documents and instruments required to be delivered on the Closing Initial Funding Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods Xxxxxxxxx Xxxxxxx LLP, Xxx Xxxxx Xxxxxx00 Xxxx Xxxxxx Xxxxx, RichmondChicago, Virginia 23219Illinois 60601, or at such other location as may be determined by the Lessor, the Construction Agent and the Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to at least $500,000 or an integral multiple of $100,000 in excess thereof500,000. All remittances made by any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to orto, or as is directed by, the Construction Agent, with receipt by the Construction Agent not later than 12:00 noon4:00 p.m., Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISection 3; such funds shall (1) in the case of the initial Funding on the Closing --- Initial Funding Date, be used (A) to reduce the outstanding Lessor’s Invested Amount under the Abridged Lease, and (B) to pay development, transaction and closing costs related to such Land (the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior to the extent permitted to be paid with Advances hereunder)Initial Funding Date for which it had not been previously reimbursed, and (2) in the case of each subsequent Funding, Funding be paid to the Construction Agent for the payment or reimbursement of Construction costs Costs incurred through such Funding Date and not previously paid or reimbursedpaid.

Notice, Time and Place of Fundings. With respect to each ---------------------------------- Funding, the Lessee or the Construction Agent, as the case may be, shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m.a.m, Atlanta, Georgia time, at least three (3) Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a Funding Request in the form of Exhibit A (a --------- "Funding Request"), specifying the Closing Date or subsequent Funding Date, --------------- as the case may be, the amount of Funding requested, the Leased Property to which such Funding relates, whether such Funding shall be a LIBOR Advance or Advance, a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. At the election of the Lessee, Funding may occur within thirty (30) days of payment of an invoice by the Lessee or the Construction Agent, provided that there shall be no more than two (2) Fundings during any month. All documents and instruments required to be delivered on the such Closing Date pursuant to this Master Agreement shall be delivered at the offices of McGuireWoods LLPMayer, Xxx Xxxxx Brown & Platt, 190 South LaSalle Street, Chicago, Illinois 60000, or xx xuch xxxxr xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, Richmond, Virginia 23219, or at such other location as may be determined by the Lessor, the xxx Construction Agent and the Agent. Each Funding shall occur on a Business Day, Day and each Advance (other than the final Advance) shall be in an amount equal to $500,000 250,000 or an integral multiple of $100,000 25,000 in excess thereof. All remittances made by by, or caused to be made by, any Lender and the Lessor for any Funding shall be made in immediately available funds by wire transfer to or, as is directed by, the Construction Agent, with receipt by the Construction Agent not later than 12:00 noon, Atlanta, Georgia time, on the applicable Funding Date, upon satisfaction or waiver of the conditions precedent to such Funding set forth in Article ------- IIISection 3; such funds shall (1) in the case of the initial Funding on the a Closing --- Date, be used to pay development, transaction the purchase price to the applicable Seller for the related Land and closing costs any Building thereon and pay Construction Costs related to such Land (to the extent permitted to be paid with Advances hereunder)Land, and (2) in the case of each subsequent Funding, Funding in respect of a Construction Land Interest to be paid to the Construction Agent Agent, as agent for the Lessor, for the payment or reimbursement of Construction costs Costs incurred through such Funding Date and not previously paid or reimbursed.