Outstanding Construction Allowance Clause Samples

Outstanding Construction Allowance. Outstanding Construction Allowance" means at any time the amount equal to (1) the total Construction Advances made by Landlord, PLUS (2) all Carrying Costs added to the Outstanding Construction Allowance under subparagraph 6.(a)(ii) on or prior to the date in question, LESS (3) the amount (if any) of Qualified Payments paid to Landlord and applied to the Outstanding Construction Allowance on or prior to such date, and LESS (4) any payments previously made by Tenant to Landlord pursuant to subparagraph 3.(i). (bq)

Outstanding Construction Allowance. Outstanding Construction Allowance" means at any time the amount equal to (1) the total Construction Advances made by Landlord, PLUS (2) all Carrying Costs added to the Outstanding Construction Allowance under subparagraph 6.(a)(ii) on or prior to the date in question, LESS (3) the amount (if any) of Qualified Payments paid to Landlord and applied to the Outstanding Construction Allowance on or prior to such date, and LESS (4) any payments previously made by Tenant to Landlord pursuant to subparagraph 3.(i). (bq) Participant. "Participant" means any Person, including Landlord's Parent, that agrees with Landlord or another Participant to participate in all or some of the risks and rewards to Landlord of this Lease and the Purchase Documents. As of the effective date hereof, the only Participants are those which have executed the Participation Agreement, but such Participants and Landlord may agree to share in risks and rewards of this Lease and the Purchase Documents with other Participants in the future. However, no Person other than Landlord's Parent and the Approved Participants shall qualify as a Participant for purposes of this Lease, the Purchase Documents or any other agreement to which Tenant is a party unless, with Tenant's prior written approval or when an Event of Default had occurred and was continuing, such Person became a party to the Pledge Agreement and to the Participation Agreement by executing supplements to those agreements as contemplated therein. (br) Participation Agreement. "Participation Agreement" means the Participation Agreement dated the date hereof among Landlord, Landlord's Parent, and the Participants named therein, pursuant to which Landlord's Parent and such Participants have agreed to participate in certain risks and rewards to Landlord of this Lease and the Purchase Agreement, as such Participation Agreement may be extended, supplemented, amended, restated or otherwise modified from time to time in accordance with its terms.

Outstanding Construction Allowance. 22 PARTICIPANT .................................................................. 22

Outstanding Construction Allowance. The --------------------------------------------------------- Building 3 CMA entitles Zhone to receive from BNPLC - subject to the terms and conditions set forth in the Building 3 CMA - Construction Advances on Advance Dates from time to time to pay or reimburse Zhone for the costs of the Construction Project and certain other costs described in the Building 3 CMA. In addition, BNPLC may from time to time make expenditures or incur costs constituting Construction Advances after a Landlord's Election to Continue Construction as described in subparagraph 6.(e). As used herein, references to the "Outstanding Construction Allowance" mean the difference on the date in question (but not less than zero) of (A) the total of all Prior Advances and Construction Advances made by or on behalf of BNPLC on or prior to the date in question, plus (B) all Carrying Costs added on or prior to the date in question, less (C) any funds received and applied as Qualified Prepayments on or prior to the date in question. Base Rent will not accrue for any Construction Period. But for each Construction Period charges ("Carrying Costs") shall accrue for each Construction Period as described below and will be added to (and thereafter be included in) the Outstanding Construction Allowance on the last day of such Construction Period (i.e., generally on the Advance Date upon which such Construction Period ends). However, if for any reason Stipulated Loss Value (and thus the Outstanding Construction Allowance included as a component thereof) must be determined as of any date between Advance Dates, the Outstanding Construction Allowance determined on such date shall include not only Carrying Costs added on or before the immediately preceding Advance Date computed as described below, but also Carrying Costs accruing on and after such preceding Advance Date to but not including the date in question.