Common use of Right to Receive Construction Cost Clause in Contracts

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing of any Property and during the course of the construction of the Improvements on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the Properties and (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion Date. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing of any Property and during the course of the construction of the Improvements on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders Bank for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the Properties and Properties, (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion DateDate or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing of any Property and during the course of the construction of the Improvements on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment Commitments of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the Properties and Properties, (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion DateDate or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing acquisition of any Property and during the course of the construction of the Improvements and installation of any Equipment on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs Costs, Transaction Expenses or any other Property Cost (such Property Acquisition Expenses, Transaction Expenses and other Property Cost being referred to collectively as "Project Costs"), and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Project Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing foregoing, it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and or the Holders to the Lessor for Property Acquisition Costs or other Property Project Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment Commitments of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (ia) development, acquisition, installation, construction the acquisition and testing development of the Properties and or (iib) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion DateDate (for interest payments on the Loans or payments of the Holder Yield for the Holder Advances). (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Project Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Project Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing of any Property and during the course of the construction of the Improvements on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, acquisition, installation, design, construction and testing of the Properties and Properties, (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion DateDate or (iii) any other purpose specified in the Operative Agreements. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the design, development, refinancing, acquisition, installation, procurement, construction and testing of any the Property and during the course of the construction of the Improvements on any PropertyImprovements, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's ’s right to request such funds and the Lessor's ’s obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Mortgage Lenders, the Credit Lenders and the Holders Lessor for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders Mortgage Loan Commitments plus the aggregate amount of Credit Loan Commitments plus the Holder Commitmentsaggregate Lessor Commitment, including without limitation such amounts owing for (i) design, development, acquisition, installation, construction and testing of the Properties and Property, (ii) additional amounts which accrue or become due and owing under regarding the Credit Agreement or Trust Agreement as obligations of Loans and the Lessor Advance prior to any Completion DateDate or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the development, refinancing, acquisition, installation, procurement, construction and testing of any Property and during the course of the construction of the Improvements on any Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders Lender Commitments plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the Properties and Properties, (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to any Completion DateDate or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the design, development, refinancing, acquisition, installation, procurement, construction and testing of any the Property and during the course of the construction of the Improvements on any the Property, the Construction Agent may request that the Lessor Parties advance funds for the payment of Property Acquisition Costs or other Property Costs, and the Lessor Parties will comply with such request to the extent allowed provided for under the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's ’s right to request such funds and the Lessor's Lessor Parties’ obligation to advance such funds for the payment of Property Acquisition Costs or other Property Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders Lessor Parties for Property Acquisition Costs or other Property Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders plus the aggregate amount of the Holder CommitmentsLessor Parties Commitment, including without limitation such amounts owing for (i) design, development, acquisition, installation, construction and testing of the Properties and Property, (ii) additional amounts which accrue or become due and owing under regarding the Credit Agreement or Trust Agreement as obligations of the Lessor Advances prior to the Completion Date or (iii) any Completion Dateother purpose. (b) The proceeds of any funds made available to by the Lessor Parties to pay Property Acquisition Costs or other Property Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Acquisition Costs or other Property Costs set forth in the Requisition relating to such funds. ARTICLE.

Right to Receive Construction Cost. (a) In connection with the development, refinancingconstruction, acquisition, installation, procurement, construction and testing of any the Property and during the course of the construction of the Improvements on any the Property, the Construction Agent may request that the Lessor advance funds for the payment of Property Land Acquisition Costs or other Property Project Costs, and the Lessor will comply with such request to the extent allowed under provided for in the Participation Agreement. The Construction Agent and the Lessor acknowledge and agree that the Construction Agent's right to request such funds and the Lessor's obligation to advance such funds for the payment of Property Land Acquisition Costs or other Property Project Costs is subject in all respects to the terms and conditions of the Participation Agreement and each of the other Operative Agreements. Without limiting the generality of the foregoing it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and the Holders for Property Land Acquisition Costs or other Property Project Costs and any other amounts due and owing hereunder or under any of the other Operative Agreements exceed the sum of the aggregate Commitment of the Lenders plus the aggregate amount of the Holder Commitments, including without limitation such amounts owing for (i) development, construction, acquisition, installation, construction and testing of the Properties and Property, (ii) additional amounts which accrue or become due and owing under the Credit Agreement or Trust Agreement as obligations of the Lessor prior to the Completion Date (for interest payments on the Loans or payments of the Holder Yield on the Holder Advances) or (iii) any Completion Dateother purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Land Acquisition Costs or other Property Project Costs shall be made available to the Construction Agent in accordance with the Requisition relating thereto and the terms of the Participation Agreement. The Construction Agent will use such proceeds only to pay the Property Land Acquisition Costs or other Property Project Costs set forth in the Requisition relating to such funds. ARTICLE.