Common use of Right to Receive Construction Cost Clause in Contracts

Right to Receive Construction Cost. In connection with the development, acquisition, installation, 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 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, construction and testing of the 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 Date or (iii) any other purpose.

Right to Receive Construction Cost. (a) In connection with the development, acquisition, installation, construction construction, repair, renovation, replacement and testing of any the Property and during the course of the construction of the Improvements on any the Property, the Construction Agent may deliver Requisitions to 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 provided for under the Participation AgreementAgreement and the other Operative Agreements. 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 Lenders and the Holders Primary Financing 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 Commitments of the Lenders plus the aggregate amount of the Holder CommitmentsPrimary Financing Parties, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the PropertiesProperty, (ii) additional amounts which accrue or become due and owing under the either Credit Agreement or Trust the Participation Agreement as obligations of the Lessor prior to any the Completion Date or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Costs shall be made available to or for the benefit of 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 Costs set forth in the Requisition relating to such funds.

Right to Receive Construction Cost. (a) In connection with the development, acquisition, installation, construction and testing acquisition 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 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 foregoing, it is specifically understood and agreed that in no event shall the aggregate amounts advanced by the Lenders and or the Holders Investors 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$500,000,000, including without limitation such amounts owing for (ia) development, acquisition, installation, construction the acquisition and testing development of the Properties, (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 Date (for interest payments on the Loans or payments of the Investor Yield on the Investor Advances) or (iiic) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Project Costs shall be made available to the Construction Agent or its designee 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 Project Costs set forth in the Requisition relating to such funds.

Right to Receive Construction Cost. (a) In connection with the development, acquisition, installation, construction construction, repair, renovation, replacement and testing of any the Property and during the course of the construction of the Improvements on any the Property, the Construction Agent may deliver Requisitions to 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 provided for under the Participation AgreementAgreement and the other Operative Agreements. 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 Lenders and the Holders Primary Financing 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 Commitments of the Lenders plus the aggregate amount of the Holder CommitmentsPrimary Financing Parties, including without limitation such amounts owing for (i) development, acquisition, installation, construction and testing of the PropertiesProperty (including without limitation all Capitalized Costs), (ii) additional amounts which accrue or become due and owing under the either Credit Agreement or Trust the Participation Agreement as obligations of the Lessor prior to any the Completion Date or (iii) any other purpose. (b) The proceeds of any funds made available to the Lessor to pay Property Costs shall be made available to or for the benefit of 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 Costs set forth in the Requisition relating to such funds.