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

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 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. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, LLP, 70 Xxxx Xxxxxx Xxxxx, Suite 2500, Chicago, 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 and shall be in an amount equal to at least $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 $1,000,000. All remittances made 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 or the Lessee, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 1:00 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 a Closing Date, be used to pay the purchase price to the applicable Seller, or ground rent to the applicable Ground Lessor, for the related Land and any Building thereon and pay Construction Costs related to such Land, and (2) in the case of each subsequent Funding be paid to the Construction 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. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.

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 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 Advance, a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. The Agent shall notify the Lenders of a requested Funding on the day the Agent receives the related Funding Request if the Agent receives such Funding Request on or before 11:00 a.m., Atlanta, Georgia time; if the Agent receives a Funding Request after such time, it shall promptly notify the Lenders thereof, but in any event by close of business on the next Business Day. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, LLP, 70 Xxxx Xxxxxx Xxxxx, Suite 2500Xxxxx & Xxxxx, Chicago000 Xxxxx XxXxxxx Xxxxxx, Illinois 60601Xxxxxxx, Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Construction Agent Lessee and the Agent. Each Funding shall occur on a Business Day and shall be in an amount equal to at least $250,000, with the exception 500,000 or an integral multiple 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 $100,000 in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $1,000,000excess thereof. All remittances made by, or caused to be made by, 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 or the Lessee, with receipt by the Construction Agent or the Lessee, as the case may be, Lessee not later than 1:00 p.m.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 a Closing Date, be used to pay the purchase price to the applicable Seller, or ground rent to the applicable Ground Lessor, Seller for the related Land and any Building thereon pay the Lessee development, transaction and pay Construction Costs closing costs related to such Land, and (2) in the case of each subsequent Funding be paid to the Lessee as the Construction Agent, as agent for the Lessor, for the payment or reimbursement of Construction Costs incurred through such Funding Date and not previously paid or reimbursedcosts. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.

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., AtlantaRoanoke, Georgia Virginia time, at least three 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 Prime Rate Advance or a combination thereof and the Rent Period(s) therefor. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, LLP, 70 Xxxx Xxxxxx Xxxxx, Suite 2500Xxxxx & Xxxxx, Chicago000 Xxxxx Xxxxx Xxxxxx, Illinois 6060100xx Xxxxx, Xxx 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 and (other than the final Funding) shall be in an amount equal to at least $250,000, with the exception 1,000,000 or an integral multiple 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 $100,000 in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $1,000,000excess thereof. All remittances made by, or caused to be made by, 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 or the LesseeAgent, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 1:00 p.m.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 a the Closing Date, be used to pay the purchase price to the applicable Seller, Seller (or ground rent to the applicable Ground reimburse Lessor, ) for the related Land and any Building thereon pay development, transaction and pay Construction Costs closing costs related to such Land, and (2) in the case of each subsequent Funding be paid to the Construction 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. (ii) Unless the Agent . Except as otherwise expressly provided below, any request for Funding shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to solely by the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to accordance with the Construction Agent the corresponding amount, such Agency Agreement of even date herewith. No other Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from may occur without the Lessee's (and if a different party, the Agent shall be entitled to that portion of such Basic Rent Construction Agent's) consent except for the period that the Agent funded such Funding Party’s Funded Amount, automatic payments and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunderaccruals under Section 2.3(c).

Notice, Time and Place of Fundings. (i) 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 telephone (followed within one Business Day with written) or written notice not later than 11:00 a.m., AtlantaNashville, Georgia Tennessee time, at least three 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, and 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. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, LLP, 70 Xxxx Xxxxxx Xxxxx, Suite 2500Xxxxx & Xxxxx, Chicago000 Xxxxx XxXxxxx Xxxxxx, Illinois 60601Xxxxxxx, Xxxxxxxx 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 and shall be in an amount equal to at least $250,000, with the exception 3,000,000 or an integral multiple of the final draw for $100,000 in excess thereof. There shall be no more than four Fundings in 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 $1,000,000month. All remittances made by, or caused to be made by, any by 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 or the LesseeAgent, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 1:00 p.m.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 a Closing Date, be used to pay the purchase price to the applicable Seller, Seller or ground the rent to the applicable Ground Lessor, as the case may be, for the related Land and any Building thereon pay the Construction Agent development, transaction and pay Construction Costs closing costs related to such Land, and (2) in the case of each subsequent 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, as agent for the Lessor, for the payment or reimbursement of Construction Costs costs that have been incurred through on or prior to such Funding Date and not previously paid or reimbursedDate. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.

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 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 EXHIBIT A (a “Funding Request”"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. The Agent shall promptly forward a copy of each Funding Request to the Lenders (which distribution may be by e-mail or facsimile transmission). All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx TxxxxxxMayer, LLPBrown & Platt, 70 Xxxx Xxxxxx Xxxxx, Suite 2500190 South LaSalle Street, Chicago, Illinois 6060160000, or at such other location as may be determined by the Lessorox xx sucx xxxer xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, the xxx Construction Agent and the Agent. Each Funding shall occur on a Business Day and shall be in an amount equal to at least $250,000100,000 or an integral multiple of $10,000 in excess thereof, with the exception of the final draw for any Leased Propertydraw, which may be for such lesser amount as may be due and owing to fund the balance of the Construction Costs for such the related 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 $1,000,000. All remittances made 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 or the LesseeAgent, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 1:00 p.m.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 a Closing Date, be used to pay the purchase price to the applicable Seller, or ground rent to the applicable Ground Lessor, for the related Land and any Building thereon and pay Construction Costs related to such Land, and (2) in the case of each subsequent Funding be paid to the Construction 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. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.

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 such the Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, McGuireWoods LLP, 70 Xxxx Xxxxxx XxxxxXxx Xxxxx Xxxxxx, Suite 2500Richmond, Chicago, Illinois 60601Virginia 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 Day, and each Advance (other than the final Advance) shall be in an amount equal to at least $250,000, with the exception 500,000 or an integral multiple 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 $100,000 in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $1,000,000excess thereof. All remittances made by, or caused to be made by, 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 or the Lessee, with receipt by the Construction Agent or the Lessee, as the case may beAgent, not later than 1:00 p.m.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 a the Closing Date, be used to pay the purchase price to the applicable Sellerdevelopment, or ground rent to the applicable Ground Lessor, for the related Land transaction and any Building thereon and pay Construction Costs closing costs related to such LandLand (to the extent permitted to be paid with Advances hereunder), and (2) in the case of each subsequent Funding Funding, be paid to the Construction Agent, as agent for the Lessor, Agent for the payment or reimbursement of Construction Costs costs incurred through such Funding Date and not previously paid or reimbursed. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.

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.12:00 noon, Atlanta, Georgia New York City time, at least three two 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 EXHIBIT A (a “Funding Request”"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 Eurodollar Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor (it being understood that the Funded Amounts, including the Synthetic Lease Loans, shall be allocated 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 such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx TxxxxxxMayer, LLPBrown & Platt, 70 Xxxx Xxxxxx Xxxxx, Suite 2500190 South LaSalle Street, Chicago, Illinois 60601Illinoxx 00600, or 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 and shall be in an amount equal to at least $250,000, with the exception 1,000,000 or an integral multiple 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 $100,000 in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $1,000,000excess thereof. All remittances made by, or caused to be made by, 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 or the LesseeAgent, with receipt by the Construction Agent or the Lessee, as the case may be, not later than 1:00 2:00 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 a Closing Date, be used to pay the purchase price to the applicable Seller, or ground rent to the applicable Ground Lessor, Seller for the related Land and any Building thereon pay development, transaction and pay Construction Costs closing costs related to such Land, and (2) in the case of each subsequent Funding be paid to the Construction 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. (ii) Unless reimbursed or to pay for Construction costs incurred not later than 120 days after the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Completion Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunderLeased Property.

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 such the Closing Date pursuant to this Master Agreement shall be delivered at the offices of Gxxxxxxxx Txxxxxx, McGuireWoods LLP, 70 Xxxx Xxxxxx XxxxxXxx Xxxxx Xxxxxx, Suite 2500Richmond, Chicago, Illinois 60601Virginia 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 Day, and each Advance (other than the final Advance) shall be in an amount equal to at least $250,000, with the exception 500,000 or an integral multiple 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 $100,000 in connection with such Construction Land Interest and that have not been reimbursed to the Construction Agent exceed $1,000,000excess thereof. All remittances made by, or caused to be made by, 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 or the Lessee, with receipt by the Construction Agent or the Lessee, as the case may beAgent, not later than 1:00 p.m.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 a the Closing --- Date, be used to pay the purchase price to the applicable Sellerdevelopment, or ground rent to the applicable Ground Lessor, for the related Land transaction and any Building thereon and pay Construction Costs closing costs related to such LandLand (to the extent permitted to be paid with Advances hereunder), and (2) in the case of each subsequent Funding Funding, be paid to the Construction Agent, as agent for the Lessor, Agent for the payment or reimbursement of Construction Costs costs incurred through such Funding Date and not previously paid or reimbursed. (ii) Unless the Agent shall have received notice from a Funding Party prior to 11:00 a.m. (Atlanta, Georgia time) on any proposed Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party’s Funded Amounts to be funded on such date, the Agent may assume that each Funding Party has made such amount available to the Agent on such Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Construction Agent on such date a corresponding amount. If and to the extent any Funding Party shall not have made the full amount of its Funded Amount to be funded on such date available to the Agent, and the Agent in such circumstances has made available to the Construction Agent the corresponding amount, such Funding Party shall on the next Business Day following such Funding Date make such amount available to the Agent. If such amount is so made available, such payment to the Agent shall constitute such Funding Party’s Funding as of the date such amount is so made available for all purposes of the Operative Documents. Upon receipt by the Agent of Basic Rent from the Lessee, the Agent shall be entitled to that portion of such Basic Rent for the period that the Agent funded such Funding Party’s Funded Amount, and such Funding Party shall be entitled to that portion of Basic Rent for the period that such Funding Party funded its Funded Amount. Funding by the Agent shall not be deemed to cure the default by the related Funding Party resulting from its failure to fund when required hereunder. The Lessee shall have the right to pursue a cause of action for actual damages against any Funding Party that breaches its obligation to make a Funding when required hereunder.