Common use of Requests for Advance Clause in Contracts

Requests for Advance. Borrower shall give to the Agent written notice executed by an Authorized Officer in the form of Exhibit C hereto (or telephonic notice confirmed in writing in the form of Exhibit C hereto) of each Advance requested hereunder (a “Loan Request”) by 1:00 p.m. (Eastern time) one (1) Business Day prior to the proposed Drawdown Date with respect to Base Rate Advances and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) Business Days prior to the Closing Date and (b) in the case of any other LIBOR Rate Advances, three (3) Business Days prior to the proposed Drawdown Date, unless the timing of such notice is waived or reduced by the Agent in its sole discretion. Each such notice shall specify with respect to the requested Advance the proposed principal amount of such Advance, the Type of Advance, the initial Interest Period (if applicable) for such Advance and the Drawdown Date. Promptly upon receipt of any such notice, the Agent shall notify each of the Lenders thereof. Each Loan Request shall be irrevocable and binding on Borrower and shall obligate Borrower to accept the Advance requested from the Lenders on the proposed Drawdown Date. Nothing herein shall prevent Borrower from seeking recourse against any Lender that fails to advance its proportionate share of a requested Advance as required by this Agreement. Each Loan Request shall be, subject to § 2.1(b), (a) for Base Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof; or (b) for LIBOR Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $250,000 in excess thereof; provided, however, that there shall be no more than ten (10) LIBOR Rate Advances outstanding at any one time.

Requests for Advance. (a) Subject to the terms and conditions of this Agreement, Advances shall be made available to Borrower prior to the Termination Date, provided that the Agent receives, at the time and in accordance with the terms of this Section 2.02, a request ("Request") specifying the amount thereof. All Advances shall be made on a pro rata basis in accordance with each Bank's Commitment. (b) The Borrower shall give to the Agent written notice executed by an Authorized Officer in the form of Exhibit C hereto its Request not later than (or telephonic notice confirmed in writing in the form of Exhibit C heretoi) of each Advance requested hereunder 11:30 a.m. Indianapolis time (a “Loan Request”A) by 1:00 p.m. (Eastern time) one (1) Business Day prior to the proposed Drawdown Date with respect to Base Rate Advances and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) three Eurodollar Business Days prior to the Closing Date date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Advance, and (bB) one day prior to the date such Advance is requested to be made if such Advance is to be made as a Prime Rate Advance, which notice shall specify whether a Eurodollar Rate Advance or a Prime Rate Advance is requested and, in the case of any other LIBOR each requested Eurodollar Rate Advances, three (3) Business Days prior to the proposed Drawdown Date, unless the timing of such notice is waived or reduced by the Agent in its sole discretion. Each such notice shall specify with respect to the requested Advance the proposed principal amount of such Advance, the Type Eurodollar Interest Period to be initially applicable to such Advance. The Agent, on the same day such Request is received, shall provide notice of such Request to each Bank. (c) Not later than 1:00 p.m. Indianapolis time, on the date of the Advance, each Bank shall make available the initial Interest Period amount of its pro rata share of each Advance to be made on such date, in immediately available funds to the Agent at its office specified herein. (if applicabled) for The Agent will thereupon advance to Borrower the amount so requested unless the Banks shall determine that any condition precedent applicable to the Advance set forth in Section 4.01 or 4.02 shall not be fulfilled as of the date of such Advance and the Drawdown DateAgent has so notified Borrower. Promptly upon receipt of any such noticeAll Advances will be made to Borrower by a credit to Borrower's account with the Agent. (e) All notices (including Requests for Advances), made by Borrower to the Agent shall notify each of and received by the Lenders thereof. Each Loan Request Agent after 11:30 a.m., Indianapolis time, (or such other time as is specified in any section hereof) on a Banking Day shall be irrevocable and binding on Borrower and shall obligate Borrower to accept the Advance requested from the Lenders deemed received on the proposed Drawdown Date. Nothing herein next succeeding Banking Day. (f) Each Prime Rate Advance shall prevent Borrower from seeking recourse against any Lender that fails to advance its proportionate share of a requested Advance as required by this Agreement. Each Loan Request shall be, subject to § 2.1(b), (a) for Base Rate Advances be in a minimum an aggregate amount of One Million and 00/100 Dollars ($1,000,000 or 1,000,000) and each Eurodollar Rate Advance shall be in an integral multiple of $100,000 in excess thereof; or (b) for LIBOR Rate Advances in a minimum aggregate amount of Five Million and 00/100 Dollars ($1,000,000 or an integral multiple 5,000,000) and, with respect to both types of $250,000 Advances, Advances in excess thereofof such amounts shall be in integral multiples of One Million and 00/100 Dollars ($1,000,000); provided, however, that there in the event that the amount available to be borrowed is less than One Million and 00/100 Dollars ($1,000,000) in the case of Prime Rate Advances or Five Million and 00/100 Dollars ($5,000,000) in the case of Eurodollar Rate Advances, then the Advance shall be permitted in such lesser amount. (g) The failure of any Bank to make its pro rata portion of any Advance available to the Agent shall not relieve any other Bank of its obligations to make available its pro rata portion of such Advance on the date such Advance is requested to be made, but no more than ten (10) LIBOR Rate Advances outstanding at Bank shall be responsible for failure of any one timeother Bank to make such pro rata portion available to the Agent on the date of any such Advance.

Requests for Advance. Borrower Borrowers shall give to the Agent written notice executed by an Authorized Officer in the form of Exhibit C hereto (or telephonic notice confirmed in writing in the form of Exhibit C hereto) of each Advance requested hereunder (a “Loan Request”) by 1:00 p.m. (Eastern time) one (1) Business Day prior to the proposed Drawdown Date with respect to Base Rate Advances and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) Business Days prior to the Closing Date and (b) in the case of any other LIBOR Rate Advances, three (3) Business Days prior to the proposed Drawdown DateDate with respect to LIBOR Rate Advances, unless unless, with respect to the Initial Advance only, the timing of such notice is waived or reduced by the Agent in its sole discretion. Each such notice shall specify with respect to the requested Advance the proposed principal amount of such Advance, the Type of Advance, the initial Interest Period (if applicable) for such Advance and the Drawdown Date. Promptly upon receipt of any such notice, the Agent shall notify each of the Lenders thereof. Each Loan Request shall be irrevocable and binding on Borrower Borrowers and shall obligate Borrower Borrowers to accept the Advance requested from the Lenders on the proposed Drawdown Date. Nothing herein shall prevent Borrower Borrowers from seeking recourse against any Lender that fails to advance its proportionate share of a requested Advance as required by this Agreement. Each Loan Request shall be, subject to § 2.1(b), (a) for Base Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof; or (b) for LIBOR Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $250,000 in excess thereof; provided, however, that there shall be no more than ten (10) LIBOR Rate Advances outstanding at any one time.

Requests for Advance. Borrower shall give Company may request an Advance under this Section 2 upon the delivery to the Agent written notice Bank of a Request for Advance executed by an Authorized Officer in authorized officer of Company, subject to the following: (a) each such Request for Advance shall set forth the information required on the Request for Advance form of annexed hereto as Exhibit C hereto “D”; (or telephonic notice confirmed in writing in the form of Exhibit C heretob) of each such Request for Advance requested hereunder shall be delivered to Bank by 11:00 a.m. (a “Loan Request”) by 1:00 p.m. (Eastern Detroit time) one (1) Business Day prior to on the proposed Drawdown Date date of Advance with respect to Base Rate Advances and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) Business Days prior to the Closing Date and (b) in the case of any other LIBOR Rate Prime-based Advances, and by 11:00 a.m. (Detroit time) three (3) Business Days prior to the proposed Drawdown Date, unless the timing date of such notice is waived or reduced by the Agent in its sole discretion. Each such notice shall specify Advance with respect to Eurodollar-based Advances; (c) the requested Advance principal amount of any Eurodollar-based Advance, plus the amount of any outstanding Advances to be then combined therewith having the same Applicable Interest Rate and Interest Period, if any, shall be at least $100,000 or any larger amount in $25,000 increments; (d) on the proposed date of such Advance, after giving effect to all Advances and Letters of Credit and Acceptances requested on that day, the principal amount of such Advance, plus the Type aggregate amount of all other outstanding Advances under this Section 2 (including, without duplication, any deemed Advances funded by Bank under Sections 3.5 and 4.3 in respect of the Company’s reimbursement obligations thereof) plus the Letter of Credit Reserve, plus the aggregate unpaid face amount of all outstanding Acceptances shall not exceed the Revolving Credit Aggregate Commitment; (e) on the proposed date of such Advance, after giving effect to all Advances and Letters of Credit and Acceptances requested on that day, the principal amount of such Advance, plus the aggregate amount of all other outstanding Advances under this Section 2 (including, without duplication, any deemed Advances funded by Bank under Sections 3.5 and 4.3 in respect of the Company’s reimbursement obligations thereof), plus the Letter of Credit Reserve with respect to Standby Letters of Credit and Xxxxx Fargo Letters of Credit only, plus the aggregate unpaid face amount of all outstanding Acceptances shall not exceed the lesser of the then applicable (i) Revolving Credit Aggregate Commitment and (ii) Borrowing Base; (f) a Request for Advance, once delivered to Bank, shall not be revocable by Company; (g) each Request for Advance shall constitute a certification by Company, as of the date thereof: (i) both before and after such Advance, the initial Interest Period obligations of the Loan Parties set forth in this Agreement and the other Loan Documents to which such Persons are parties are valid, binding and enforceable obligations of such Persons; (if applicableii) for all conditions to Advances of the Revolving Credit have been satisfied (including, without limitation, the delivery of the required Borrowing Base Certificate), and shall remain satisfied to the date of such Advance (both before and after giving effect to such Advance); (iii) there is no Default or Event of Default in existence, and none will exist upon the making of such Advance (both before and after giving effect to such Advance); (iv) the representations and warranties contained in this Agreement and the Drawdown Date. Promptly upon receipt other Loan Documents are true and correct in all material respects and shall be true and correct in all material respects as of the making of such Advance (both before and after giving effect to such Advance), other than any representation or warranty that expressly speaks only as of a different date; and (v) the execution of such Request for Advance will not violate the material terms and conditions of any material contract, agreement or other borrowing of Company. Bank may, at its option, lend under this Section 2 upon the telephone request of an authorized officer of Company and, in the event Bank makes any such noticeadvance upon a telephone request, the Agent requesting officer shall, if so requested by Bank, fax to Bank, on the same day as such telephone request, a Request for Advance in the form attached as Exhibit “D”. Company hereby authorizes Bank to disburse Advances under this Section 2 pursuant to the telephone instructions of any person purporting to be an authorized officer of Company and Company shall notify each bear all risk of loss resulting from disbursements made upon any telephone request. Each telephone request for an Advance shall constitute a certification of the Lenders thereof. Each Loan Request shall be irrevocable and binding on Borrower and shall obligate Borrower to accept the Advance requested from the Lenders on the proposed Drawdown Date. Nothing herein shall prevent Borrower from seeking recourse against any Lender that fails to advance its proportionate share matters set forth in clause (g) of a requested Advance as required by this Agreement. Each Loan Request shall be, subject to § 2.1(b), (a) for Base Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $100,000 in excess thereof; or (b) for LIBOR Rate Advances in a minimum aggregate amount of $1,000,000 or an integral multiple of $250,000 in excess thereof; provided, however, that there shall be no more than ten (10) LIBOR Rate Advances outstanding at any one timeSection 2.3.

Requests for Advance. Except with respect to the Initial Advance on the Closing Date, the Borrower shall give to the Agent written notice executed by an Authorized Officer in the form of Exhibit C hereto (or telephonic notice confirmed in writing in the form of Exhibit C hereto) of each Advance requested hereunder (a “Loan Request”) by 1:00 p.m. 11:00 a.m. (Eastern New York time) one (1) Business Day prior to the proposed Drawdown Date with respect to Base Rate Advances Loans and with respect to LIBOR Rate Advances (a) in the case of the Advances to be made on the Closing Date, two (2) Business Days prior to the Closing Date and (b) in the case of any other LIBOR Rate Advances, three (3) Business Days prior to the proposed Drawdown Date, unless the timing of such notice is waived or reduced by the Agent in its sole discretionDate with respect to LIBOR Rate Loans. Each such notice shall specify with respect to the requested Advance the proposed principal amount of such Advance, the Type of Advance, the initial Interest Period (if applicable) for such Advance and the Drawdown Date. Each such notice shall also contain (i) a general statement as to the purpose for which such Advance shall be used (which purpose shall be in accordance with the terms of §2.9) and (ii) a certification by the chief financial officer or chief accounting officer of Borrower (or of the REIT) that the Borrower and Guarantors are and will be in compliance with all covenants under the Loan Documents after giving effect to the making of such Advance and that all conditions set forth herein to making such Advance have been satisfied. Promptly upon receipt of any such notice, the Agent shall notify each of the Lenders thereof. Each such Loan Request shall be irrevocable and binding on the Borrower and shall obligate the Borrower to accept the Advance requested from the Lenders on the proposed Drawdown Date. Nothing herein shall prevent the Borrower from seeking recourse against any Lender that fails to advance its proportionate share of a requested Advance as required by this Agreement. Each Loan Request shall be, be subject to § Section 2.1(b), (a) for a Base Rate Advances Loan in a minimum aggregate amount of $1,000,000 1,000,000.00 or an integral multiple of $100,000 100,000.00 in excess thereof; or (b) for a LIBOR Rate Advances Loan in a minimum aggregate amount of $1,000,000 1,000,000.00 or an integral multiple of $250,000 250,000.00 in excess thereof; provided, however, that there shall be no more than ten eight (10) 8) LIBOR Rate Advances Loans outstanding at any one time.