Common use of Procedures for Advances Clause in Contracts

Procedures for Advances. Borrower shall submit to Administrative Agent a request for the advance of proceeds of the Loans (each, an "Advance", and the initial Advance made on the date hereof, the "Initial Advance") no later than 11:00 a.m. (New York time) on the date which is three (3) Business Days, prior to the date the advance is to be made. Administrative Agent, upon its receipt and approval of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on the date set for such advance, each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereof.

Procedures for Advances. Borrower (a) With respect to each funding of an Advance, the Lessee shall submit to Administrative Agent a request for give the advance of proceeds of the Loans (each, an "Advance", Lessor and the initial Advance made on Agent prior written notice pursuant to a Funding Request substantially in the date hereofform of Exhibit A (a "Funding Request"), the "Initial Advance") no which Funding Request shall be delivered not later than 11:00 a.m. 10:00 a.m., five (New York time) on the date which is three (35) Business Days, Days prior to the date proposed Funding Date, specifying: (i) the advance proposed Funding Date, (ii) the amount of Advance requested,(iii) to which Properties such Advance is being allocated and the amount allocated to be madeeach Property. Administrative Agent, upon its receipt The Agent and approval the Lessor shall calculate the amounts of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on Lessor Amounts and the date set for such advance, Loans required to fund the requested Advance as it relates to each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is requiredProperty. In the event that the Remediation Evidence is not received by Lessor and the first anniversary Lenders are unable to obtain a LIBO Rate (Reserve Adjusted) for the period of the Advance requested in any Funding Request, the Lessor and the Lenders shall make available Lessor Amounts and Loans, as the case may be, at the Alternate Base Rate equal to the Advance requested in such Funding Request and (iv) in the case of a Construction Advance, requesting that the proceeds of such Construction Advance be wire transferred to the accounts and Persons specified therein. Such Lessor Amounts and Loans shall accrue Yield or Interest, as the case may be, at the Alternate Base Rate until the date hereof (i) $600,000 on which the Lessor and the Lenders shall be advanced from able to obtain a LIBO Rate (Reserve Adjusted) for the Loan on said date amount of such Advance, at which time such Lessor Amounts and Loans shall convert and thereafter accrue Yield and Interest, as the case may be, at the LIBO Rate (Reserve Adjusted); provided, however, that no such conversion shall occur unless the Lessee shall have submitted an Interest Period Selection Notice in connection therewith. (b) The proceeds of each Advance shall be deposited in an interest-bearing account used solely to provide the Lessee with Administrative Agent funds with which to be held as additional collateral pay or reimburse itself for the Loan until receipt of the Remediation Evidence Property Acquisition Costs and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereof.Property Improvement Costs. Participation Agreement

Procedures for Advances. (a) In the case of the making of any Advance or any termination, increase or reduction of the Facility Amount, the Borrower shall submit to give the Administrative Agent a request for Borrower Notice. Each Borrower Notice shall specify the advance amount (subject to Section 2.1 hereof) of proceeds of the Loans (each, an "Advance", Advances to be borrowed and the initial Advance made on Funding Date (which shall be a Business Day). (b) Subject to the date hereofconditions described in Section 2.1, the "Initial Advance"Borrower may request an Advance from the Lenders by delivering to the Administrative Agent at certain times the information and documents set forth in this Section 2.2. (c) no No later than 11:00 a.m. (New York City time) on the proposed Funding Date (or, other than in the case of clause (i) below, such shorter period of time or later date which is three (3) Business Daysas may be agreed to by the Required Lenders), prior to the date the advance is to be made. Administrative Agent, upon its receipt each Managing Agent, the Document Custodian and approval the Collateral Custodian, as applicable, shall receive or shall have previously received the following: (i) a Funding Request in the form of Exhibit A (including a duly completed Borrowing Base Certificate as of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on the date set for such advance, each Lender shall, through its Applicable Lending Office proposed Funding Date and subject giving pro forma effect to the conditions Advance requested and the use of this Agreement, make proceeds thereof); and (ii) a wire disbursement and authorization form shall be delivered to the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shalland each Managing Agent. (d) Each Funding Request shall specify the aggregate amount of the requested Advance, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement which shall be in an amount at least equal to more than $5,000,000 and in integral multiples of $100,000500,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement Each Funding Request shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared accompanied by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof (i) $600,000 a Borrower Notice, depicting the outstanding amount of Advances under this Agreement and representing that all conditions precedent for a funding have been met, including a representation by the Borrower that the requested Advance shall be advanced from not, on the Loan Funding Date thereof, exceed the Availability on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and such day, (ii) the full amount a Borrowing Base Certificate as of the Loan shall be available to be drawn subject applicable Funding Date (giving pro forma effect to the satisfaction Advance requested and the use of the conditions of Section 4.01 hereof.proceeds thereof),

Procedures for Advances. Borrower With respect to each funding of an Advance, the Lessee shall submit give the Lessor and the Agent prior written notice not later than 10:00 a.m., San Francisco time, three Business Days prior to Administrative Agent a request for (or, in the advance case of proceeds of the Loans (each, an "Advance", and the initial Advance made on the date hereofLand Interest Acquisition Date, the "Initial Advance") no later than 11:00 a.m. (New York time) on the date which is three day of) the proposed Funding Date, pursuant, in each case, to a Funding Request substantially in the form of Exhibit B (3a "Funding Request"), specifying (i) Business Daysthe proposed Funding Date, prior (ii) the amount and purpose of the Advance requested, (iii) the Type of Advance, (iv) the initial Interest Period for such Advance, (v) the payee of such Advance, and (vi) the allocation of such Advance to the date respective Land Interest Acquisition Cost and Property Improvements Costs of the advance is Property (and pro rata portions of the related remittances from the Participants shall likewise be deemed to be madeso allocated). Administrative Agent, upon its receipt and approval The Agent shall promptly forward a copy of such Funding Request to each Participant. The Lessee shall not request more than one Funding Date during any calendar month. Each Advance (other than an Interest Payment Advance) shall be in a minimum amount of $1,000,000 or in amounts of $100,000 in excess thereof. Subject to the satisfaction or waiver of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on the date conditions precedent to such Advance set for such advanceforth in Section 6, each Lender shall, through Participant shall purchase its Applicable Lending Office and subject Participation Interest in such Advance by making available to the conditions Lessor its proportionate share of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and Advance in immediately available federal funds for the account of Borrower. The amount so received by Administrative Agent shall, subject wire transfer to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request Agent for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior deposit to the date which is twelve (12) months from Lessee's demand deposit account with the date hereofAgent not later than 12:00 noon, San Francisco time, on the applicable Funding Date. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof Upon (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until Lessee's receipt of the Remediation Evidence funds provided by the Participants with respect to an Advance, and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction or waiver of the conditions precedent to such Advance set forth in Section 6, the Lessee shall (1) in the case of Section 4.01 hereofan Advance for the acquisition of the Land Interest, pay the acquisition price for such Land Interest to the Existing Owner, and (2) in the case of other Advances, pay or retain as payment or reimbursement of, Property Improvements Costs, in each case from the funds provided by the Participants for such Advance.

Procedures for Advances. All advances to Borrower are to be made at Administrative Agent's Office. Borrower shall submit Requisitions to Administrative Agent a request for the advance of proceeds of the Loans (each, an "Advance", and the initial Advance made on the date hereof, the "Initial Advance") no later than 11:00 10:00 a.m. (New York time) on the date which is three eight (3) 8) Business Days, Days prior to the date the advance is to be made. Administrative Agent may reject any Requisition that is not signed by an Authorized Representative. Administrative Agent, upon its receipt and approval of no later than three (3) Business Days prior to the request for advancedate a requested advance is to be made, will so shall (i) notify all Lenders each Lender either by telephone or by facsimilefacsimile of the amount requested by Borrower, the amount approved by Administrative Agent, the portion of such advance to be funded by such Lender and the proposed date of such advance and (ii) send to each Lender by facsimile the summary pages of Borrower's Requisition (without attachments except for Borrower's Requisition Spreadsheet). Not later than 10:00 a.m. (New York time) on the date set for such of each advance, each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrowerfunds. The amount so received by Administrative Agent shallshall by 3:00 p.m. (New York time) on the same Business Day, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting depositing said amount by wire transfer of immediately available funds into the Building Loan Trust Account, which shall be subject to immediate withdrawal by Borrower. Subsequent to the making of an account advance, Administrative Agent shall deliver to a Lender, within eight (8) Business Days of such Lender's request, such material relating to the Requisition for such advance as such Lender may reasonably request. If Borrower designated withdraws any Requisition submitted as contemplated above, Borrower shall pay, in addition to any amounts set forth in Section 3.03, promptly following demand therefor, all reasonable costs and expenses incurred by Borrower Lenders, Administrative Agent and by the Construction Consultant in its request for connection with reviewing such Requisition in contemplation of an advance. Each Advance made pursuant to Borrower agrees that, by its acceptance of any advance of Loan proceeds under this Agreement Agreement, it shall be bound in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received all respects by the first anniversary of Requisition submitted on its behalf in connection therewith with the date hereof (i) $600,000 shall be advanced from same force and effect as if Borrower had itself executed and submitted the Loan on said date Requisition and shall be deposited in whether or not the Requisition is executed and/or submitted by an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereofAuthorized Representative.

Procedures for Advances. Borrower (a) On the terms and conditions hereinafter set forth, the Issuer may, by delivery of an Advance Request to the Initial Purchasers and the Trustee, from time to time, on any Business Day during the Funding Period, request that each Initial Purchaser make Advances to it in an amount which, at any time, shall submit to Administrative Agent a request not exceed its Percentage Interest of the Advance Availability in effect for the advance of proceeds of the Loans proposed Advance Date. (each, an "Advance", and the initial b) Each Advance made on the date hereof, the "Initial Advance") no Request shall be delivered not later than 11:00 a.m. 1:00 P.M. (New York time) on the date which is three (3) Business Days, Days prior to the date requested Advance Date; provided, however, that the advance is Issuer may revoke an Advance Request upon written notice to be made. Administrative Agent, upon its receipt and approval of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not Initial Purchasers delivered not later than 10:00 a.m. 3:00 P.M. (New York time) on the date set for such advance, each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or Business Day prior to the date which is twelve requested Advance Date. (12c) months from Each Advance Request shall contain the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof following information: (i) $600,000 shall the proposed Advance Date; (ii) the amount of the requested Advance; (iii) the Advance Availability for such Advance Date; (iv) the amount of Principal Proceeds to be advanced withdrawn from the Loan Collection Account and deposited to the Principal Reinvestment Account on said date such Advance Date; (v) the Advance Account to which the Advance should be funded; and (vi) a certification that, as of the related Advance Date, the conditions set forth in Section 3.1 hereof have been satisfied. (d) Each Advance Request must be accompanied by (i) a Borrowing Base Certificate as of the Business Day before the Issuer’s delivery of such Advance Request (giving pro forma effect to the Advance requested and shall be deposited in an interest-bearing account with Administrative Agent any Loans to be held as additional collateral for acquired on the Loan until receipt of the Remediation Evidence proposed Advance Date) and (ii) the full amount an updated List of the Loan shall be available Loans (including any Loans to be drawn subject to acquired on such Advance Date). (e) On each Advance Date, upon the satisfaction of the applicable conditions set forth in this Section 2.2 and ARTICLE III hereof, the Initial Purchasers shall transfer to the Advance Account, an amount equal to the requested Advance. Each wire transfer of an Advance to the Issuer shall be initiated by the Initial Purchasers at the later of (i) 12:00 P.M. (New York time) on the applicable Advance Date and (ii) satisfaction of the conditions set forth in Section 4.01 3.1 hereof.

Procedures for Advances. Borrower (a) With respect to each funding of an Advance, the applicable Lessee shall submit to give the Administrative Agent prior written notice pursuant to a request for Funding Request substantially in the advance form of proceeds of the Loans EXHIBIT A (eacha "FUNDING REQUEST"), an "Advance", and the initial Advance made on the date hereof, the "Initial Advance") no which Funding Request shall be delivered not later than 11:00 a.m. (12:00 noon, New York City time) on the date which is , three (3) Business Days, Days prior to the date proposed Funding Date, specifying: (i) the advance proposed Funding Date, (ii) the amount of Advance requested, (iii) whether such proposed Funding Date will also be an Acquisition Date and (iv) to which Properties such Advance is being allocated and the allocation of such Advance to the respective Land Acquisition Costs, Existing Improvement Costs, and Property Improvement Costs of such Properties (and PRO RATA portions of the related Equity Amounts and Loans shall likewise be deemed to be madeso allocated). Administrative AgentWith respect to any Funding Request related to the acquisition of a Property, upon its receipt and approval in addition to the foregoing, the applicable Lessee shall also specify: (i) the Property to be acquired, (ii) the seller of the request for advanceProperty (or, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. in the case of the Headquarters Building, the ground lessor of such Property), (New York timeiii) on the date set Transaction Expenses relating to such Property that are to be paid with such Advance and (iv) the Estimated Improvement Costs for such advance, each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of BorrowerProperty. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement There shall be in an amount at least equal to $5,000,000 no more than one Construction Advance during any calendar month and in integral multiples of $100,000each such Construction Advance shall occur only on a Scheduled Funding Date. All Advances made pursuant by the Lessor to this Agreement must the Construction Agent shall be made on or prior the applicable Funding Date in immediately available federal funds by wire transfer, not later than 1:00 p.m. New York City time, to the date which is twelve account(s) as may be specified by such Lessee or Construction Agent in its Funding Request. (12b) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof Upon (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until a Lessee's receipt of the Remediation Evidence funds provided by such Advance and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction or waiver of the conditions precedent to such Advance set forth in ARTICLE VI, the applicable Lessee shall (1) in the case of Section 4.01 hereofan Advance for the acquisition of Land, pay on behalf of the Lessor the acquisition price to the seller for such Land, the title to which will be taken by the Lessor, and (2) in the case of other Advances, pay or retain as payment or reimbursement of Property Improvement Costs the funds provided by the Participants for such Advance. The transfer by the Lessor of its portion of an Advance shall evidence its satisfaction that the conditions precedent to such Advance have been met or waived. Except as the parties may otherwise agree in writing, Advances shall be made solely to provide the Construction Agent with funds with which to pay Land Acquisition Costs and Existing Improvement Costs or pay or reimburse itself for Property Improvement Costs, as the case may be, and to pay (or reimburse itself for) Transaction Expenses related thereto, up to the maximum amounts set forth in such provisions. (c) All remittances made by the Lenders and the Lessor for the funding of any Advance shall be made on the applicable Funding Date in immediately available federal funds by wire transfer to the account of the Administrative Agent specified on SCHEDULE III under the heading "Wire Transfer Instructions for Participants".

Procedures for Advances. Borrower shall submit (a) With respect to Administrative Agent a request for the advance of proceeds of the Loans (each, an "Advance", and the initial Advance made on the date hereofAcquisition Date, the Lessee shall give the Lessor, the Indenture Trustee and each Purchaser prior written notice pursuant to a Funding Request substantially in the form of Exhibit B (a "Initial AdvanceFunding Request") no ), which Funding Request shall be delivered not later than 11:00 a.m. (New York time) on the date which is three ), one (31) Business Days, Day prior to the date proposed Acquisition Date. Such Funding Request shall set forth (i) the advance is proposed Acquisition Date, (ii) the amount of the Advance requested, (iii) a description of the Property to which the Funding Request relates, (iv) the seller of the Property, (v) the principal amount of the Notes of each series to be made. Administrative Agent, upon its receipt purchased by each Purchaser and approval (vi) wire transfer instructions for the disbursement of the request for advanceproceeds of such Advance. Subject to timely delivery of a Funding Request and the other terms and conditions of the Operative Documents, will so notify all Lenders either (x) each Purchaser shall purchase Notes representing its Commitment Percentage and transmit the proceeds therefore to the Indenture Trustee at the Account by telephone or by facsimile. Not later than 10:00 a.m. 2:00 p.m., (New York time) on the date set for such advance, each Lender shall, through requested Acquisition Date and (y) the Lessor shall make its Applicable Lending Office and subject Commitment Percentage of the requested Advance available to the Indenture Trustee at the Account by 2:00 p.m. (New York time) on the requested Acquisition Date. Promptly upon the Indenture Trustee's receipt of such funds from the Participants, and upon satisfaction of all conditions of this Agreementprecedent, make the amount Indenture Trustee shall wire such funds on the Acquisition Date to be advanced by it on the Persons entitled thereto and to such day available to Administrative Agent, at Administrative Agent's Office and accounts as the Lessee shall have indicated in immediately available funds for the account of BorrowerFunding Request. The amount so received by Administrative Agent shall, subject to the conditions Advance shall consist of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent a Lessor Amount equal to be held as additional collateral for the Loan until receipt 5.75% of the Remediation Evidence such Advance and (ii) proceeds from the full amount sale of the Loan Notes in an aggregate amount equal to 94.25% of such Advance, such Notes to be allocated between Series A Notes and Series B Notes in accordance with Schedule I hereto. (b) Except as the Participants may otherwise agree in writing, Advances shall be available made solely to be drawn subject to pay the satisfaction Property Cost of the conditions of Section 4.01 hereof.Property and related Fees and Transaction Expenses. ARTICLE IV

Procedures for Advances. Borrower (a) The Agent shall submit give written notice to Administrative Agent a each Lender of each request for an Advance by facsimile transmission, electronic mail or hand delivery on the advance of proceeds same Business Day as received from the Borrower pursuant to Section 2.3.1. Each such notice shall be accompanied by a written summary of the Loans request for an Advance and shall specify (eachi) the date of the requested Advance, an "(ii) the aggregate amount of the requested Advance", and (iii) each Lender’s pro rata share of the initial Advance made requested Advance. Each Lender shall, before 11:00 a.m. on the date hereofset forth in any such request for an Advance, make available to the Agent, at an account to be designated by the Agent at Bank of America, N.A. ( or at such other financial institution as the Agent may designate from time to time), in same day funds, each Lender’s ratable portion of the requested Advance. After the Agent’s receipt of such funds and upon the Agent’s determination that the applicable conditions to making the requested Advance have been fulfilled, the "Initial Agent shall make such funds available to the Borrower as provided for in this Agreement. Within a reasonable period of time following the making of each Advance", the Agent shall deliver to each Lender a copy of the Borrower’s request for such Advance. Promptly after receipt by the Agent of written request from any Lender, the Agent shall deliver to the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of the Borrower to the Agent in support of the requested Advance. (b) no later than 11:00 a.m. Notwithstanding clause (New York timea) on above, unless the date which is three (3) Business Days, Agent shall have been notified by any Lender prior to the date the advance on which an Advance is to be made. Administrative Agent, upon its receipt and approval made to the Borrower that such Lender does not intend to make available to the Agent such Lender’s ratable portion of the request for advancerequested Advance, the Agent may assume that such Lender will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. make such amount available to the Agent on such date and the Agent may, in its sole discretion (New York time) provided that the other applicable conditions to making the requested Advance have been fulfilled), but shall not be obligated to, make available to the Borrower a corresponding amount on the date set of such Advance (the “Corresponding Amount”). The Lender shall reimburse the Agent in same day funds for any such advance, each Lender shall, through its Applicable Lending Office and subject Corresponding Amount by 2:00 p.m. on the same day that the Agent makes available to the conditions of Borrower such Corresponding Amount. If such Corresponding Amount is not in fact reimbursed to the Agent, the Agent may, in its unrestricted discretion, by providing written notice to such Lender, deem such Lender a Delinquent Lender for all purposes under this AgreementAgreement and the Agent shall be entitled to such rights and remedies against such Lender as set forth in Section 11.2.8 hereof. In addition to any rights or remedies to which the Agent may be entitled under Section 11.2.8, make in the event that such Lender reimburses the Agent for a Corresponding Amount on the same day that the Agent makes available to the Borrower such Corresponding Amount, but later than 2:00 pm on such date, then the Lender shall also pay to the Agent a late intraday reimbursement charge in an amount to be advanced assessed by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject equal to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received charged by the first anniversary of the date hereof Agent from time to time in other substantially similar circumstances not to exceed (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for product of such Corresponding Amount times the Loan until receipt of the Remediation Evidence and Default Rate, (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereofdivided by 360.

Procedures for Advances. (a) In the case of the making of any Advance or any termination, increase or reduction of the Facility Amount, the Borrower shall submit to give the Administrative Agent a request for Borrower Notice. Each Borrower Notice shall specify the advance amount (subject to Section 2.1 hereof) of proceeds of the Loans (each, an "Advance", Advances to be borrowed and the initial Advance made on Funding Date (which shall be a Business Day). (b) Subject to the date hereofconditions described in Section 2.1, the "Initial Advance"Borrower may request an Advance from the Lenders by delivering to the Administrative Agent at certain times the information and documents set forth in this Section 2.2. (c) no No later than 11:00 a.m. (New York City time) on the proposed Funding Date (or, other than in the case of clause (i) below, such shorter period of time or later date which is three (3) Business Daysas may be agreed to by the Required Lenders), prior to the date the advance is to be made. Administrative Agent, upon its receipt each Managing Agent, the Document Custodian and approval the Collateral Custodian, as applicable, shall receive or shall have previously received the following: (i) a Funding Request in the form of Exhibit A (including a duly completed Borrowing Base Certificate as of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on the date set for such advance, each Lender shall, through its Applicable Lending Office proposed Funding Date and subject giving pro forma effect to the conditions Advance requested and the use of this Agreement, make proceeds thereof); and (ii) a wire disbursement and authorization form shall be delivered to the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shalland each Managing Agent. (d) Each Funding Request shall specify the aggregate amount of the requested Advance, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement which shall be in an amount at least equal to more than $5,000,000 and in integral multiples of $100,000500,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement Each Funding Request shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared accompanied by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof (i) $600,000 a Borrower Notice, depicting the outstanding amount of Advances under this Agreement and representing that all conditions precedent for a funding have been met, including a representation by the Borrower that the requested Advance shall be advanced from not, on the Loan Funding Date thereof, exceed the Availability on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and such day, (ii) the full amount a Borrowing Base Certificate as of the applicable Funding Date (giving pro forma effect to the Advance requested and the use of proceeds thereof), (iii) an updated Loan shall be available to be drawn List including each Loan that is subject to the requested Advance (if any), (iv) the proposed Funding Date, and (v) wire transfer instructions for the Advance. (e) On the Funding Date following the satisfaction of the applicable conditions set forth in this Section 2.2 and Article III, the Lenders shall deposit to the Collection Account in same day funds, in accordance with the wire transfer instructions specified in the Funding Request, an amount equal to such Lender’s ratable share of Section 4.01 hereofthe Advance then being made. Each wire transfer of an Advance to the Borrower shall be initiated by the applicable Lender no later than 2:00 p.m. (New York City time) on the applicable Funding Date.

Procedures for Advances. Borrower (a) With respect to each funding of an Advance, the Lessee shall submit to Administrative Agent a request for give the advance of proceeds of the Loans (each, an "Advance", Lessor and the initial Advance made on Agent prior written notice pursuant to a Funding Request substantially in the date hereofform of EXHIBIT A (a "FUNDING REQUEST"), the "Initial Advance") no which Funding Request shall be delivered not later than 11:00 a.m. 10:00 a.m., five (New York time) on the date which is three (35) Business Days, Days prior to the date proposed Acquisition Date, specifying: (i) the advance proposed Acquisition Date, (ii) the amount of Advance requested, and (iii) to which Properties such Advance is being allocated and the amount allocated to be madeeach Property. Administrative Agent, upon its receipt The Agent and approval the Lessor shall calculate the amounts of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on Lessor Amounts and the date set for such advance, Loans required to fund the requested Advance as it relates to each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is requiredProperty. In the event that the Remediation Evidence is not received by Lessor and the first anniversary Lenders are unable to obtain a LIBO Rate (Reserve Adjusted) for the period of the Advance requested in any Funding Request, the Lessor and the Lenders shall make available Lessor Amounts and Loans, as the case may be, at the Alternate Base Rate equal to the Advance requested in such Funding Request. Such Lessor Amounts and Loans shall accrue Yield or Interest, as the case may be, at the Alternate Base Rate until the date hereof (i) $600,000 on which the Lessor and the Lenders shall be advanced from able to obtain a LIBO Rate (Reserve Adjusted) for the Loan on said date amount of such Advance, at which time such Lessor Amounts and Loans shall convert and thereafter accrue Yield and Interest, as the case may be, at the LIBO Rate (Reserve Adjusted); PROVIDED, HOWEVER, that no such conversion shall occur unless the Lessee shall have submitted an Interest Period Selection Notice in connection therewith. (b) The proceeds of each Advance shall be deposited in an interest-bearing account used solely to provide the Lessee with Administrative Agent funds with which to be held as additional collateral pay or reimburse itself for the Loan until receipt of the Remediation Evidence and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereofProperty Acquisition Costs.

Procedures for Advances. Borrower (a) The Agent shall submit give written notice to Administrative Agent a each Lender of each request for the advance of proceeds of the Loans (eachan Advance by facsimile transmission, an "Advance", and the initial Advance made electronic mail or hand delivery on the date hereof, same Business Day as received from the "Initial Advance") no later than 11:00 a.m. (New York time) on the date which is three (3) Business Days, prior Borrowers pursuant to the date the advance is to Section 2.3.1. Each such notice shall be made. Administrative Agent, upon its receipt and approval accompanied by a written summary of the request for advancean Advance and shall specify (i) the date of the requested Advance, will so notify all Lenders either by telephone or by facsimile(ii) the aggregate amount of the requested Advance, and (iii) each Lender’s pro rata share of the requested Advance. Not later than 10:00 Each Lender shall, before 11:00 a.m. (New York Eastern time) on the date set forth in any such request for such advancean Advance, each Lender shall, through its Applicable Lending Office and subject make available to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative an account to be designated by the Agent at Bank of America, N.A., in same day funds, each Lender’s ratable portion of the requested Advance. After the Agent's Office ’s receipt of such funds and in immediately upon the Agent’s determination that the applicable conditions to making the requested Advance have been fulfilled, the Agent shall make such funds available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of Borrowers as provided for in this Agreement. Within a reasonable period of time following the making of each Advance, be made available the Agent shall deliver to Borrower, in immediately available funds, by Administrative Agent's crediting an account each Lender a copy of Borrower designated by Borrower in its the Borrowers’ request for advancesuch Advance. Each Advance made pursuant Promptly after receipt by the Agent of written request from any Lender, the Agent shall deliver to this Agreement the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of the Borrowers to the Agent in support of the requested Advance. (b) Notwithstanding clause (a) above, unless the Agent shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or have been notified by any Lender prior to the date on which an Advance is twelve to be made to the Borrowers that such Lender does not intend to make available to the Agent such Lender’s ratable portion of the requested Advance, the Agent may assume that such Lender will make such amount available to the Agent on such date and the Agent may, in its sole discretion (12) months from provided that the date hereof. The Initial other applicable conditions to making the requested Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid have been fulfilled), but shall not be readvancedobligated to, make available to the Borrowers a corresponding amount on the date of such Advance (the “Corresponding Amount”). Notwithstanding The Lender shall reimburse the Agent in same day funds for any other provisions hereofsuch Corresponding Amount by 2:00 p.m. (Eastern time) on the same day that the Agent makes available to the Borrowers such Corresponding Amount. If such Corresponding Amount is not in fact reimbursed to the Agent, the maximum amount Agent may, in its unrestricted discretion, by providing written notice to such Lender, deem such Lender a Delinquent Lender for all purposes under this Agreement and the Agent shall be entitled to such rights and remedies against such Lender as set forth in Section 11.2.8 hereof. In addition to any rights or remedies to which the Agent may be entitled under Section 11.2.8, in the event that such Lender reimburses the Agent for a Corresponding Amount on the same day that the Agent makes available to the Borrowers such Corresponding Amount, but later than 2:00 pm (Eastern time) on such date, then the Lender shall also pay to the Agent a late intraday reimbursement charge to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received assessed by the first anniversary of the date hereof (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereofAgent.

Procedures for Advances. Borrower (a) With respect to each funding of an Advance, the Lessor shall submit authorize the Construction Agent to give the Administrative Agent prior written notice pursuant to a funding request for substantially in the advance form of proceeds of the Loans Exhibit A --------- hereto (eacha "Funding Request"), an "Advance"which Funding Request shall be delivered not later --------------- than 1:00 P.M., and the initial Advance made on the date hereof, the "Initial Advance") no later than 11:00 a.m. (New York City time) on the date which is , three (3) Business Days, Days prior to the date proposed Funding Date, specifying: (i) the advance is to be made. Administrative Agentproposed Funding Date, upon its receipt (ii) the total amount of Advance requested and approval of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York timeiii) on the date set wire transfer instructions for such advance, each Advance. Each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, shall make the amount to be advanced by it on such day of its pro rata share of each borrowing available to the Administrative Agent, at Administrative Agent's Office and in immediately available funds Agent for the account of Borrower. The amount so received by the Lessor at the office of the Administrative Agent shallspecified in Schedule II prior to 1:00 ----------- P.M., subject New York City time on the Funding Date requested by the Construction Agent in funds immediately available to the conditions of this Agreement, Administrative Agent. Such borrowing shall then be made available to Borrower, in immediately available funds, the Construction Agent by the Administrative Agent's Agent crediting an the account of Borrower designated the Construction Agent specified in Schedule II with the aggregate of the amounts ----------- made available to the Administrative Agent by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 the Lenders and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time like funds as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of Administrative Agent. (b) Except as the date hereof parties may otherwise agree in writing, (i) $600,000 Advances made on the Initial Funding Date shall be advanced from made in part to provide the Loan on said date and shall be deposited in an interest-bearing account Construction Agent with Administrative Agent funds with which to be held as additional collateral pay or reimburse itself for the Loan until receipt of the Remediation Evidence Land Costs and (ii) and on the full Initial Funding Date and thereafter, Advances shall be made solely to provide the Construction Agent with funds with which to pay or reimburse itself for Construction Costs and Land Costs as provided for in the Construction Agency Agreement. (c) In the event that the Administrative Agent is unable to obtain an Adjusted Eurodollar Rate with respect to an Advance for the interest period from the requested Funding Date to the twelfth (12th) day of the succeeding month, the Lessor and each Lender shall make available Lessor Amounts and Loans, as the case may be, equal to the Advance requested in such Funding Request at the applicable Base Rate. Such Lessor Amounts and Loans, as the case may be, shall be maintained at the Base Rate until the date on which the Lessor and the Lenders shall be able to obtain an Adjusted Eurodollar Rate for the amount of such Advance, at which time such Base Rate Lessor Amounts and such Base Rate Loans shall convert to Eurodollar Lessor Amounts or Eurodollar Loans, as the Loan shall be available to be drawn subject to the satisfaction of the conditions of Section 4.01 hereofcase may be.

Procedures for Advances. Borrower shall submit to Administrative Agent a request for the advance of proceeds of the Loans (eacha) The Company may obtain an Advance hereunder, an "Advance", and the initial Advance made on the date hereof, the "Initial Advance") no later than 11:00 a.m. (New York time) on the date which is three (3) Business Days, prior to the date the advance is to be made. Administrative Agent, upon its receipt and approval of the request for advance, will so notify all Lenders either by telephone or by facsimile. Not later than 10:00 a.m. (New York time) on the date set for such advance, each Lender shall, through its Applicable Lending Office and subject to the conditions of this Agreement, make the amount to be advanced by it on such day available to Administrative Agent, at Administrative Agent's Office and in immediately available funds for the account of Borrower. The amount so received by Administrative Agent shall, subject to the conditions of this Agreement, be made available to Borrower, in immediately available funds, by Administrative Agent's crediting an account of Borrower designated by Borrower in its request for advance. Each Advance made pursuant to this Agreement shall be in an amount at least equal to $5,000,000 and in integral multiples of $100,000. All Advances made pursuant to this Agreement must be made on or prior to the date which is twelve (12) months from the date hereof. The Initial Advance made pursuant to this Agreement shall be in an amount at least equal to $16,000,000. Amounts advanced hereunder and repaid shall not be readvanced. Notwithstanding any other provisions hereof, the maximum amount available to be advanced hereunder shall be limited to $25,400,000 until such time as Administrative Agent has received reasonable evidence (the "Remediation Evidence") that applicable "Governmental Authorities", as hereinafter defined, are satisfied that the environmental conditions identified in the Phase I Environmental Assessment dated October 12, 2001 prepared by EMG have been remediated such that no further action is required. In the event the Remediation Evidence is not received by the first anniversary of the date hereof (i) $600,000 shall be advanced from the Loan on said date and shall be deposited in an interest-bearing account with Administrative Agent to be held as additional collateral for the Loan until receipt of the Remediation Evidence and (ii) the full amount of the Loan shall be available to be drawn subject to the satisfaction of the conditions set forth in Sections 4.1 and 4.2 hereof, upon -------------------- compliance with the procedures set forth in this Section 2.2. Requests for Advances shall be initiated by the ----------- Company by delivering to the Lender a completed and signed request for an Advance (an "Advance Request") in the form attached hereto as Exhibit A. The --------- Lender shall have the right to revise or supplement the form of Section 4.01 Advance Request (Exhibit A hereto) by giving notice thereof to the Company. --------- (b) The procedures to be followed by the Company in making an Advance Request and shall consist of those set forth in Exhibit B attached hereto. The --------- Collateral Documents to be delivered to the Lender shall consist of those identified in the definition of Collateral Documents herein together with any additional required documents identified in Exhibit B attached hereto. The --------- Lender shall have the right to modify said Exhibit B to conform to current legal --------- requirements or Lender practices, and, as so modified, said Exhibit B shall be --------- deemed part hereof. (c) Before funding any Advance, the Lender shall have not less than one (1) Business Day (or such greater period as Lender may require) to examine each Advance Request and the Collateral Documents to be delivered to the Lender with respect to the Advance; provided, however, with respect to any Wet Settlement, the Borrower may deliver those Collateral Documents identified below in this subsection (c) after the funding of the Advance, but within the time period set -------------- forth below. The Lender may reject any documents which do not meet the requirements of this Agreement or of the related Purchase commitment. With respect to any Wet Settlement, within two (2) Business Days (or such longer period as Lender may permit, in its sole discretion) after the date of the Wet Settlement, the following Collateral Documents shall be delivered to the Lender: (i) note shipping instructions, in form and content satisfactory to Lender; (ii) an original executed Mortgage Note, endorsed by the Company in blank, without recourse; (iii) a certified copy of the Mortgage; and (iv) an original Assignment to Lender, in recordable form, with legal description. (d) To make an Advance, the Lender shall wire funds to the closing agent (for Wet Settlements) or authorize payment of the Company's draft upon compliance by the Company with the terms of this Agreement. (e) All Advances under this Agreement shall constitute a single indebtedness and all of the Collateral shall be security for the Note and for the performance of all obligations of the Company to the Lender.