A
LENDERS SHALL DISBURSE FACILITY A LOANS (OTHER THAN THE INITIAL RESTRUCTURING
LOAN AS PROVIDED FOR IN SECTION 4.2(D)) APPROXIMATELY TEN (10) DAYS AFTER
BORROWER'S SATISFACTION OF SUCH CONDITIONS.
SO LONG AS (I) THE FACILITY A
COMMITMENTS HAVE NOT BEEN TERMINATED OR FULLY UTILIZED AND (II) THERE SHALL
EXIST NO DEFAULT OF WHICH BORROWER HAS RECEIVED NOTICE FROM THE AGENT, OR ANY
LENDER OR EVENT OF DEFAULT, THEN THE FACILITY A LENDERS SHALL MAKE FACILITY A
LOANS ON
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EACH PAYMENT DATE IN AN AMOUNT EQUAL TO INTEREST DUE ON THE LOANS ON SUCH
PAYMENT DATE, AND THE DELIVERY OF A REQUISITION BY BORROWER SHALL NOT BE
REQUIRED FOR THE MAKING OF SUCH FACILITY A LOANS.
ON EACH DAY ON WHICH FACILITY
A LOANS ARE MADE TO PAY INTEREST DUE ON THE LOANS PURSUANT TO THE IMMEDIATELY
PRECEDING SENTENCE, BORROWER SHALL MAKE AN EQUITY CONTRIBUTION IN ACCORDANCE
WITH SECTION 12.1(L) AS IF SUCH FACILITY A LOANS WERE FUNDED PURSUANT TO A
REQUISITION DELIVERED IN ACCORDANCE WITH SECTION 12.1(L).
(F)
AFTER THE DISBURSEMENT OF THE INITIAL RESTRUCTURING LOAN AND
SUBJECT TO THE SECOND SENTENCE OF SECTION 4.2(J), EACH FACILITY A LENDER SHALL
MAKE SUCCESSIVE DISBURSEMENTS UNDER ITS FACILITY A COMMITMENT TO BORROWER, BUT
NOT MORE THAN ONCE PER CALENDAR MONTH, PROVIDED THAT (I) THERE SHALL THEN EXIST
NO DEFAULT OR EVENT OF DEFAULT, (II) NO MATERIAL ADVERSE CHANGE SHALL HAVE
OCCURRED WITH RESPECT TO BORROWER, GUARANTOR OR THE PROJECT, (III) THE LOANS
REMAIN IN BALANCE, (IV) ALL REQUIRED GOVERNMENTAL APPROVALS ARE IN FULL FORCE
AND EFFECT AS NEEDED FOR THE THEN-CURRENT STAGE OF CONSTRUCTION, AND
(IV) BORROWER SATISFIES THE CONDITIONS TO THE DISBURSEMENT OF THE FACILITY A
LOANS SET FORTH IN ARTICLES VIII, IX, X, XII AND XIII HEREOF, AS APPLICABLE.
ALL ADVANCES OF FACILITY A LOANS MADE BY THE FACILITY A LENDERS TO BORROWER
SHALL BE ADVANCED RATABLY AMONG THE FACILITY A LENDERS BASED ON THE AMOUNT OF
EACH FACILITY A LENDER'S FACILITY A PRO RATA SHARE.
(G)
TO THE EXTENT THAT THE FACILITY A LENDERS MAY HAVE ACQUIESCED
IN NONCOMPLIANCE WITH ANY REQUIREMENTS PRECEDENT TO THE DISBURSEMENT OF A
FACILITY A LOAN, SUCH ACQUIESCENCE SHALL NOT CONSTITUTE A WAIVER BY THE FACILITY
A LENDERS, AND THE FACILITY A LENDERS MAY AT ANY TIME AFTER SUCH ACQUIESCENCE
REQUIRE BORROWER TO COMPLY WITH ALL SUCH REQUIREMENTS.
(H)
EACH FACILITY A LENDER SHALL MAKE EACH FACILITY A LOAN TO BE
MADE BY IT HEREUNDER ON THE PROPOSED DATE THEREOF BY WIRE TRANSFER OF
IMMEDIATELY AVAILABLE FUNDS TO THE ACCOUNT OF THE AGENT.
(I)
BORROWER AUTHORIZES THE AGENT TO DISBURSE THE FACILITY A LOAN
PROCEEDS BY CREDITING THE OPERATING ACCOUNT; PROVIDED, HOWEVER, THAT THE AGENT
SHALL NOT BE OBLIGATED TO USE SUCH METHOD.
(J)
IF PURSUANT TO SECTION 4.10(B) PREPAYMENT PROCEEDS ARE
DEPOSITED INTO THE FACILITY A EXCESS PROCEEDS ACCOUNT, THEN ON THE DATE ON WHICH
SUCH DEPOSIT IS MADE THE FACILITY A COMMITMENTS SHALL BE PERMANENTLY REDUCED BY
THE AMOUNT OF SUCH DEPOSIT, WITH SUCH REDUCTION BEING MADE PRO RATA AMONG