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

Notice, Time and Place of Fundings. With respect to each Funding, 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 (i) 11:00 a.m., Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, 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 Executive Officer of such Lessee or the Construction Agent, as the case may be, 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. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Mayer, Brown, Xxxx & Maw, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 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 and shall be in an amount equal to $250,000 or an integral multiple of $10,000 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 related Lessee or the Construction Agent, as the case may be, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior to the Closing Date, and (2) in the case of each subsequent Funding be paid to the Construction Agent, for the payment of Construction Costs incurred through such Funding Date and not previously paid.

Notice, Time and Place of Fundings. With respect to each Funding, a 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 (i) 11:00 a.m.a.m, Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, 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 Executive Officer of such Lessee or the Construction Agent, as the case may be, 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. All documents and instruments required to be delivered on such Closing Date pursuant to this Master Agreement shall be delivered at the offices of Mayer, BrownBrown & Platt, Xxxx & Maw190 South LaSalle Street, 000 Xxxxx XxXxxxx Chicago, Illinois 60000, or xx xuch xxxxr xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, 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 and shall be in an amount equal to $250,000 or an integral multiple of $10,000 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 related Lessee or the Construction Agent, as the case may be, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, thereon and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior related to the Closing Datesuch Land, and (2) in the case of each subsequent Funding in respect of a Construction Land Interest to 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 paidpaid or reimbursed.

Notice, Time and Place of Fundings. With respect to each Funding, a 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 (i) 11:00 a.m.12:00 noon, Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, 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 Executive Authorized Officer of such Lessee or the Construction Agent, as the case may be, 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) thereforthereof. All documents and instruments required to be delivered on such Closing the Initial Funding Date pursuant to this Master Agreement shall be delivered at the offices of MayerXxxxxxxxx Xxxxxxx LLP, Brown00 Xxxx Xxxxxx Xxxxx, Xxxx & MawChicago, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000Illinois 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 or an integral multiple of $10,000 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 related Lessee or the Construction Agent, as the case may be, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing the Initial Funding Date, be used (A) to pay reduce the purchase price to outstanding Lessor’s Invested Amount under the applicable Seller for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground leaseAbridged Lease, and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior to the Closing DateInitial Funding Date for which it had not been previously reimbursed, and (2) in the case of each subsequent Funding be paid to the Construction Agent, Agent for the payment of Construction Costs incurred through such Funding Date and not previously paid.

Notice, Time and Place of Fundings. With respect to each Funding, 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 (i) 11:00 a.m., Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, 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 Executive Officer of such Lessee or the Construction Agent, as the case may be, 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 Mayer, BrownBrown & Platt, Xxxx & Maw190 South LaSalle Street, 000 Xxxxx XxXxxxx Chicago, Illinois 60000, or xx xuch xxxxr xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, 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 and shall be in an amount equal to $250,000 or an integral multiple of $10,000 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 related Lessee or the Construction Agent, as the case may be, with receipt by the related Lessee or the Construction Agent, as the case may be, Agent 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller Seller, or ground rent to the applicable Ground Lessor, for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, thereon and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior related to the Closing Datesuch 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 paidpaid or reimbursed.

Notice, Time and Place of Fundings. (i) With respect to each Funding, 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 (i) 11:00 a.m., Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, 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 Executive Officer of such Lessee or the Construction Agent, as the case may be, 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. Following the Agent's receipt of a Funding Request, the Agent shall give each Lender a written notice not later than 5:00 p.m., Atlanta, Georgia time on the date such Funding Request is received by the Agent (unless such Funding Request is received after 11:00 a.m., Atlanta, Georgia time, in which case such notice shall be given not later than 5:00 p.m., Atlanta, Georgia time on the next Business Day), specifying the Closing Date or subsequent Funding Date, as the case may be, the amount of to be funded by such Lender, 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 Mayer, Brown, Xxxx Rowe & Maw, 000 Xxxxx XxXxxxx Xxxxxx190 South LaSalle Street, XxxxxxxChicago, Xxxxxxxx 00000Illinois 60603, or at such xxxh other location as may be determined by the Lessorxxxxxxxx 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 $250,000 500,000 or an integral multiple of $10,000 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 any by, or caused to be made by, each 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 related Lessee or the Construction Agent, as the case may be, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3Article III. The Agent shall, to the extent it has received funds from the Funding Parties except as set forth in clause (ii) below, remit the amount of any Funding in immediately available funds by wire transfer to, or as is directed by, the related Lessee or the Construction Agent, with receipt by the related Lessee or the Construction Agent, as applicable, not later than 12:00 noon, Atlanta, Georgia time, on the applicable Funding Date; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller Seller, or ground rent to the applicable Ground Lessor, for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, thereon and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior related to the Closing Datesuch 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 paidpaid 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 Closing Date or Funding Date that the Funding Party will not make available to the Agent the amount of that Funding Party's Funded Amounts, the Agent may assume that each Funding Party has made such amount available to the Agent on such Closing Date or Funding Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the applicable Lessee or 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 available to the Agent, and the Agent in such circumstances has made available to the applicable Lessee or the Construction Agent the corresponding amount, that Funding Party shall on the next Business Day following such Closing Date or 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 this Agreement. 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. In the event that such Funding Party has not made such amount available to the Agent within two (2) Business Days after the date that the Agent made such amount available to the related Lessee or the Construction Agent, such Lessee or the Construction Agent, as applicable, shall return such amount by wire transfer in immediately available funds to the Agent immediately upon notice by the Agent.

Notice, Time and Place of Fundings. With respect to each Funding, a 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 (i) 11:00 a.m., Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, in the case of Base Rate Advances, pursuant, in each case, to a Funding Request funding request in the form of Exhibit A (a "Funding Request"), signed by an Executive Officer of such Lessee or the Construction Agent, as the case may be, 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 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 Mayer, BrownBrown & Platt, Xxxx & Maw190 South XxXxxle Xxxeet, 000 Xxxxx XxXxxxx Xxxxxx, XxxxxxxXxicaxx, Xxxxxxxx 00000, or at such other location as may xx xx xxxx xxxxx xxxxxxxx xx xay 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 $250,000 500,000 or an integral multiple of $10,000 100,000 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 related Lessee or the Construction Agent, as the case may beLessee, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior Lessee development, transaction and closing costs related to the Closing Datesuch Land, and (2) in the case of each subsequent Funding be paid to the Lessee as the Construction Agent, for the payment or reimbursement of Construction Costs incurred through such Funding Date and not previously paidcosts.

Notice, Time and Place of Fundings. With respect to each Funding, a 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 (i) 11:00 a.m., Atlanta, Georgia time, at least three Business Days prior to the proposed Closing Date or other Funding Date, as the case may be, in the case of LIBOR Advances and (ii) 11:00 a.m., Atlanta, Georgia time on the proposed Closing Date or other Funding Date, as the case may be, in the case of Base Rate Advances, pursuant, in each case, to a Funding Request funding request in the form of Exhibit A (a "Funding Request"), signed by an Executive Officer of such Lessee or the Construction Agent, as the case may be, 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 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 MayerXxxxx, Brown, Xxxx Xxxxx & MawXxxxx, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, 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 $250,000 500,000 or an integral multiple of $10,000 100,000 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 related Lessee or the Construction Agent, as the case may beLessee, with receipt by the related Lessee or the Construction Agent, as the case may be, 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 Section 3; such funds shall (1) in the case of the initial Funding on a Closing Date, be used (A) to pay the purchase price to the applicable Seller for the related Land and any Building thereon, or the initial ground lease payment to the applicable ground lessor for the related Land subject to a ground lease, and (B) to pay the Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior Lessee development, transaction and closing costs related to the Closing Datesuch Land, and (2) in the case of each subsequent Funding be paid to the Lessee as the Construction Agent, for the payment or reimbursement of Construction Costs incurred through such Funding Date and not previously paidcosts.