Common use of Procedures for Advance Clause in Contracts

Procedures for Advance. (a) The Lessee shall give the Lessor prior written notice not later than 9:00 a.m., New York City time, five (5) Business Days prior to the Acquisition Date, pursuant to a Funding Request substantially in the form of Exhibit A (the "Funding Request"), specifying the proposed Acquisition Date and the amount of Advance requested. Except as the parties may otherwise agree in writing, the Advance shall be made solely to provide the Lessee with funds with which to pay or reimburse itself for amounts paid or payable to third parties as Property Cost and Transaction Expenses paid or payable by the Lessee in connection with the preparation, execution and delivery of the Operative Documents, and all fees paid or payable by the Lessee to the Lessor in connection with the Operative Documents and any amounts paid or payable by Lessee pursuant to Section 31.2 hereof. (b) The Advance shall be made on the Acquisition Date in immediately available federal funds by wire transfer to the account designated by the Lessee, except that a portion of the Advance shall be made (in accordance with instructions to be included in the Funding Request) by wire transfer directly to an account designated by Lessee to pay the Seller and/or to reimburse the Lessee for Transaction Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Brookdale Living Communities Inc), Lease (Brookdale Living Communities Inc)

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Procedures for Advance. (a) The Lessee shall give the Lessor prior written notice not later than 9:00 a.m., New York City time, five (5) Business Days prior to the Acquisition Date, pursuant to a Funding Request substantially in the form of Exhibit A (the "Funding Request"), specifying the proposed --------- --------------- Acquisition Date and the amount of Advance requested. Except as the parties may otherwise agree in writing, the Advance shall be made solely to provide the Lessee with funds with which to pay or reimburse itself for amounts paid or payable to third parties as Property Cost and Transaction Expenses paid or payable by the Lessee in connection with the preparation, execution and delivery of the Operative Documents, and all fees paid or payable by the Lessee to the Lessor in connection with the Operative Documents and any amounts paid or payable by Lessee pursuant to Section 31.2 hereof.. ------------ (b) The Advance shall be made on the Acquisition Date in immediately available federal funds by wire transfer to the account designated by the Lessee, except that a portion of the Advance shall be made (in accordance with instructions to be included in the Funding Request) by wire transfer directly to an account designated by Lessee to pay the Seller and/or to reimburse the Lessee for Transaction Expenses.

Appears in 2 contracts

Samples: Lease (Brookdale Living Communities Inc), Lease (Brookdale Living Communities Inc)

Procedures for Advance. (a) The Lessee shall give the Lessor prior written notice not later than 9:00 a.m., New York City time, five two (52) Business Days prior to the Acquisition Date, pursuant to a Funding Request substantially in the form of Exhibit A (the "Funding Request"), specifying the proposed Acquisition Date and the amount of Advance requested. Except as the parties may otherwise agree in writing, the Advance shall be made solely to provide the Lessee with funds with which to pay or reimburse itself for amounts paid or payable to third parties as Property Cost and Transaction Expenses paid or payable by the Lessee in connection with the preparation, execution and delivery of the Operative Documents, and all fees paid or payable by the Lessee to the Lessor in connection with the Operative Documents and any amounts paid or payable by Lessee pursuant to Section 31.2 hereof. If the Eurodollar Rate is unavailable on the Acquisition Date because less than two (2) Business Days' notice has been provided to the Lessor pursuant to this Section 3.2(a), the Advance shall bear interest at the Alternate Base Rate until such time as the Eurodollar Rate can be obtained. (b) The Advance shall be made on the Acquisition Date in immediately available federal funds by wire transfer to the account designated by the Lessee, except that a portion of the Advance shall be made (in accordance with instructions to be included in the Funding Request) by wire transfer directly to an account designated by Lessee to pay the Seller and/or to reimburse the Lessee for Transaction Expenses.

Appears in 2 contracts

Samples: Lease (Brookdale Living Communities Inc), Lease Agreement (Brookdale Living Communities Inc)

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Procedures for Advance. (a) The Lessee shall give the Lessor prior written notice not later than 9:00 a.m., New York City time, five two (52) Business Days prior to the Acquisition Date, pursuant to a Funding Request substantially in the form of Exhibit A (the "Funding Request"), specifying the proposed Acquisition Date and the amount of Advance requested. Except as the parties may otherwise agree in writing, the Advance shall be made solely to provide the Lessee with funds with which to pay or reimburse itself for amounts paid or payable to third parties as Property Cost and Transaction Expenses paid or payable by the Lessee in connection with the preparation, execution and delivery of the Operative Documents, and all fees paid or payable by the Lessee to the Lessor in connection with the Operative Documents and any amounts paid or payable by Lessee pursuant to Section 31.2 hereof. If the Eurodollar Rate is unavailable on the Acquisition Date because less than two (2) Business Days' notice has been provided to the Lessor pursuant to this Section 3.2(a), that portion of the Advance subject to the Eurodollar Rate shall bear interest at the Alternate Base Rate until such time as the Eurodollar Rate can be obtained. (b) The Advance shall be made on the Acquisition Date in immediately available federal funds by wire transfer to the account designated by the Lessee, except that a portion of the Advance shall be made (in accordance with instructions to be included in the Funding Request) by wire transfer directly to an account designated by Lessee to pay the Seller and/or to reimburse the Lessee for Transaction Expenses.

Appears in 1 contract

Samples: Lease (Brookdale Living Communities Inc)

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