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 shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., Atlanta, Georgia time, three 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, 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 Xxxxx, Xxxxx & Xxxxx, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Lessee and the Agent. Each Funding shall occur on a Business Day and 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 Lessee, with receipt by the Lessee 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 to pay the purchase price to the applicable Seller for the related Land and pay the Lessee development, transaction and closing costs related to such 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.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

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Notice, Time and Place of Fundings. (i) With respect to each Funding, a Lessee or the Lessee 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 prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a funding request 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, Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. The Following the Agent's receipt of a Funding Request, the Agent shall notify the Lenders of give each Lender a requested Funding written notice not later than 5:00 p.m., Atlanta, Georgia time on the day the Agent receives the related Funding Request if the Agent receives date such Funding Request on or before is received by the Agent (unless such Funding Request is received after 11:00 a.m., Atlanta, Georgia time; if the Agent receives a Funding Request after , in which case such timenotice shall be given not later than 5:00 p.m., it shall promptly notify the Lenders thereofAtlanta, but in any event by close of business 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 XxxxxMayer, Xxxxx Brown, Rowe & XxxxxMaw, 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 Lessee xxx Construction Agent and the Agent. Each Funding shall occur on a Business Day and shall be in an amount equal to $500,000 or an integral multiple of $100,000 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 LesseeConstruction Agent, with receipt by the Lessee 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 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 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 and pay the Lessee development, transaction and closing costs Construction 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 costsCosts incurred through such Funding Date and not previously paid or reimbursed.

Appears in 1 contract

Samples: Master Agreement (Borders Group Inc)

Notice, Time and Place of Fundings. With respect to each Funding, the Lessee shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., Atlanta, Georgia time, three 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 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, 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 Xxxxx, Xxxxx & Xxxxx, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Lessee and the Agent. Each Funding shall occur on a Business Day and 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 Lessee, with receipt by the Lessee 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 to pay the purchase price to the applicable Seller for the related Land and pay the Lessee development, transaction and closing costs related to such 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.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Notice, Time and Place of Fundings. With respect to each Funding, the Lessee shall give the Lessor and the Agent an irrevocable prior written notice not later than 11:00 a.m., Atlanta, Georgia time, three 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, 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 XxxxxMayer, Xxxxx Brown & XxxxxPlatt, 000 Xxxxx XxXxxxx Xxxxxx190 South XxXxxle Xxxeet, XxxxxxxXxicaxx, Xxxxxxxx 00000, or at such other location as may xx xx xxxx xxxxx xxxxxxxx xx xay be determined by the Lessor, the Lessee and the Agent. Each Funding shall occur on a Business Day and 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 Lessee, with receipt by the Lessee 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 to pay the purchase price to the applicable Seller for the related Land and pay the Lessee development, transaction and closing costs related to such 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.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Notice, Time and Place of Fundings. With respect to each Funding, a Lessee or the Lessee 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 prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a funding request 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, Advance or 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 XxxxxMayer, Xxxxx Brown & XxxxxPlatt, 000 Xxxxx XxXxxxx 190 South LaSalle Street, 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 Lessee xxx Construction Agent and the Agent. Each Funding shall occur on a Business Day and 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 LesseeConstruction Agent, with receipt by the Lessee Construction 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 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 and pay the Lessee development, transaction and closing costs Construction 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 costsCosts incurred through such Funding Date and not previously paid or reimbursed.

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

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Notice, Time and Place of Fundings. With respect to each Funding, a Lessee or the Lessee 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, Advance or 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 XxxxxMayer, Xxxxx Brown, Xxxx & XxxxxMaw, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Lessee Construction Agent and the Agent. Each Funding shall occur on a Business Day and shall be in an amount equal to $500,000 250,000 or an integral multiple of $100,000 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 Lesseerelated 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 Lessee development, transaction and closing costs related Construction Agent for the payment or reimbursement of Construction Costs incurred on or prior to such Landthe Closing Date, 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 costsCosts incurred through such Funding Date and not previously paid.

Appears in 1 contract

Samples: Master Agreement (Concord Efs Inc)

Notice, Time and Place of Fundings. With respect to each Funding, a Lessee or the Lessee 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 prior to the proposed Closing Date or other Funding Date, as the case may be, pursuant, in each case, to a funding request 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, the Leased Property to which such Funding relates, whether such Funding shall be a LIBOR Advance, Advance or a Base Rate Advance or a combination thereof and the Rent Period(s) therefor. The Agent shall notify promptly forward a copy of each Funding Request to the Lenders of a requested Funding on the day the Agent receives the related Funding Request if the Agent receives such Funding Request on (which distribution may be by e-mail 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 Dayfacsimile 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 XxxxxMayer, Xxxxx Brown & XxxxxPlatt, 000 Xxxxx XxXxxxx 190 South LaSalle Street, Chicago, Illinois 60000, ox xx sucx xxxer xxxxxxxx xx xxx xx xxxxxxxxxx xx xxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, or at such other location as may be determined by the Lessor, the Lessee xxx Construction Agent and the Agent. Each Funding shall occur on a Business Day and shall be in an amount equal to $500,000 100,000 or an integral multiple of $100,000 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 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 LesseeConstruction Agent, with receipt by the Lessee 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 Section SECTION 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 Seller, or ground rent to the applicable Ground Lessor, for the related Land and any Building thereon and pay the Lessee development, transaction and closing costs Construction 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 costsCosts incurred through such Funding Date and not previously paid or reimbursed.

Appears in 1 contract

Samples: Master Agreement (Allete Inc)

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