Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, L/C Borrowings, interest and fees then due hereunder, such funds shall be applied # first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and # second, toward payment of principal and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

Unallocated Funds. If the Administrative Agent receives funds for application to the Obligations of the Loan Parties under or in respect of the Loan Documents under circumstances for 83894470_5

Application of Funds. After the exercise of remedies provided for in [Section 8.02] (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to [Section 8.02]), any amounts received on account of the Obligations shall, subject to the provisions of [Sections 2.15 and 2.16]6] hereof, be applied by the Administrative Agent in the following order:

Availability of Funds. The Purchaser will have all of the funds necessary to pay the Purchase Price and consummate the Transactions under this Agreement at the Closing.

Disbursement of Funds. No later than ​ (Omaha time) on the date specified in each Notice of Borrowing, Lender will make available such Borrowing requested to be made on such date. All such amounts will be made available in Dollars and in immediately available funds by deposit into the Primary Concentration Account, or as otherwise directed by Borrower.

Deemed Investment Funds. Upon notice to the Committee, Employee shall be permitted to reallocate the Deferred Compensation Account balance among the available Deemed Investment Funds as determined by the Committee. The manner in which such elections shall be made and the frequency with which such elections may be changed and the manner in which such elections shall become effective shall be determined in accordance with the procedures to be adopted by the Committee or its delegate from time to time. Once Employee designates all or a portion of the Deferred Compensation Account to be allocated to one or more Deemed Investment Funds, the Prescribed Rate shall no longer be available with respect to such portion of the Deferred Compensation Account, and such portion of the Employee’s Deferred Compensation Account shall not accrue earnings other than in connection with the Deemed Investment Funds.

Replacement Reserve Funds. Commencing on the Payment Date occurring in ​, and on each Payment Date occurring thereafter until the Loan is paid in full in accordance with this Agreement, ​ shall pay to ​ an amount equal to the greater of # the amount recommended by ​’s engineering consultant and # 1/12th of # ​ per bed plus # ​ per rentable square foot of commercial/retail space (the “Replacement Reserve Monthly Deposit”) (all said amounts, collectively being hereinafter called the “Replacement Reserve Funds” and the account in which such amounts are held shall hereinafter be referred to as the “Replacement Reserve Account”). Moneys in the Replacement Reserve Account shall be used solely to pay the costs of replacements and repairs required to be made to the Property which, under the Approved Accounting Method, are categorized as capital expenses and not as operating expenses (collectively, the “Replacements”), as more fully set forth in this [Section 7.4]. ​ may reassess its estimate of the amount of Replacement Reserve Funds required from time to time, and may increase the monthly amounts required to be deposited into the Replacement Reserve Account upon thirty (30) days’ notice to ​ if ​ determines in its reasonable discretion that an increase is necessary to maintain the proper maintenance and operation of the Property.

APPLICATION OF FUNDS. All funds received or held by the Company or a Participating Subsidiary under this Plan may be used by the Company or such Participating Subsidiary for any corporate purpose.

In addition to the foregoing, if, during the term of this Agreement, Timberline raises additional funds, whether through equity, debt or a sale of assets (an “Additional Funding Arrangement”, and if the gross funds received from any single Additional Funding Arrangement are at least US ​, then Timberline shall pay to Vista 5% of any such gross proceeds (an “Additional Proceeds Payment”) up to the then-current amount of the Debt plus Interest, with such Additional Proceeds Payment coming due to Vista immediately upon receipt of such funds by Timberline.

the SOWs are good faith estimates only for the time period specified and not a guarantee of the cost to conduct the R&D Activities. If at any time Penn determines that it will require additional funds for the R&D Activities, it shall, as soon as it becomes aware of such required additional funds, promptly notify Company and provide an estimate of the additional amount. Company shall not be liable for any costs in excess of the amount of set forth in the relevant SOW unless it has agreed in a writing, signed by both Parties, to provide additional funds.