Advance Limitations Clause Samples

Advance Limitations. Regardless of the number of Advance Shares requested by the Company in the Advance Notice, the final number of Shares to be issued and sold pursuant to an Advance Notice shall be reduced (if at all) in accordance with each of the following limitations:

Advance Limitations. Regardless of the amount of an Advance requested by the Company in the Advance Notice, the final amount of an Advance pursuant to an Advance Notice shall be reduced in accordance with each of the following limitations:

Advance Limitations. Regardless of the Advance amount requested by the Company in the Advance Notice and the adjustments contemplated by Section 2.01(c), the Adjusted Advance Amount shall be reduced in accordance with each of the following limitations:

Advance Limitations. Regardless of the amount of an Advance requested by the Company in the Advance Notice, in no event shall an Advance to any Investor exceed the greater of 9.99% of the outstanding shares of Common Stock held by such Investor unless otherwise agreed in writing by the parties hereto. In connection with each Advance Notice, any portion of an Advance that would exceed this limitation for any Investor shall automatically be withdrawn with no further action required by the Company, and such Advance Notice shall be deemed automatically modified to reduce the aggregate amount of the requested Advance by an amount equal to such withdrawn portion for that Investor; provided that in the event of any such automatic withdrawal and modification, the Investor will promptly notify the Company of such event.

Advance Limitations. The Request for an Advance shall be irrevocable, made in the time frame as specified in Section 2.4 hereof, and shall be for the amount of the Loan specified in Section 2.1 hereof.

Advance Limitations. The advances made by Lessor to purchase property under the Facilities (collectively, the "Acquisition Advances") and the Improvement/Expense Advances made by Lessor under Facility 2 (the Acquisition Advances and the Improvement/Expense Advances to be referred to collectively as the "Advances") shall be subject to the following limitations: (i) The aggregate amount of all Acquisition Advances made by Lessor under Facility 1 on account of all Facility 1 Property shall not exceed the sum of all Facility 1 Expiration Date Appraisals for such property; (ii) The aggregate amount of all Advances made by Lessor under Facility 2 on account of all Facility 2 Property shall not exceed the sum of all Facility 2 Expiration Date Appraisals for such property; (iii) The aggregate amount of all Acquisition Advances made by Lessor under Facility 1 on account of the Tract 2 Property, the Tract 3 Property and the Tract 4 Property acquired by Lessor under Facility 1 shall not exceed $20,500,000; (iv) The aggregate amount of all Advances made by Lessor under Facility 2 on account of the Tract 1 Property and the Facility 2 Property located on the Tract 2 Land, the Tract 3 Land and the Tract 4 Land acquired by Lessor under Facility 2 shall not exceed $77,500,000; (v) The aggregate amount of all Advances made during the period commencing on the date of this Agreement and ending on the date 364 days thereafter (the "364-Day Commitment Termination Date") shall not exceed One Hundred Twenty-Five Million Dollars ($125,000,000) (the "364-Day Commitment"); and (vi) The aggregate amount of all Advances made during the period commencing on the date of this Agreement and ending on the Commitment Termination Date (such period to be referred to as the "Commitment Period") shall not exceed One Hundred Twenty-Five Million Dollars ($125,000,000) (the "Total Commitment"). Of the Total Commitment, Zero Dollars ($0) (the "Two-Year Commitment") is available at any time during the entire Commitment Period. Each Advance under Facility 2 shall consist of a Tranche A Portion and a Tranche B Portion.

Advance Limitations. Any Request for an Advance or filing of any Application shall be irrevocable, made in the time frame as specified in Section 2.4 hereof, in the case of an Advance, shall be in a minimum amount of $100,000 or a whole multiple of $100,000 in excess thereof, or Equivalent Amounts thereof for Optional Currency Advances. No Request for an Advance may be made or Application filed after the Credit Facility B Maturity.

Advance Limitations. With respect to each Advance that is not a Big Advance (i) the amount for each Advance as designated by the Company in the applicable Advance Notice shall not be more than the Daily Maximum Advance Amount, (ii) the aggregate amount of all Advances and Big Advances pursuant to this Agreement shall not exceed the Commitment Amount, (iii) in no event shall the number of shares of Common Stock issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned (as calculated pursuant to Section 13(d) of the Exchange Act) by the Investor and its affiliates to exceed 4.99% of the then outstanding Common Stock (the “Ownership Limitation”) and (iv) under no circumstances shall the aggregate offering price or number of Shares, as the case may be, exceed the aggregate offering price or number of Shares, as the case may be, available for issuance under the Registration Statement (the “Registration Limitation”). Notwithstanding any other provision in this Agreement, the Company acknowledges and agrees that upon receipt of an Advance Notice, the Investor may sell shares that it is unconditionally obligated to purchase under such Advance Notice prior to taking possession of such shares.

Advance Limitations. Notwithstanding any conflicting provision of this Agreement, or any of the other Loan Documents, Lender shall have no obligation to (but may at its sole option and its absolute discretion) make any requested Advance from the 5 Loan at any time that the outstanding principal balance of the indebtedness evidenced by the Note exceeds (or if such Advance would cause such principal balance to exceed) the Maximum Available Amount.