Availability Notice. As soon as practicable prior to the date that any ROFO Space is scheduled to become or is reasonably anticipated by Landlord to become vacant and available, Landlord shall notify Tenant in writing (the “Availability Notice”) of the availability of the ROFO Space in question (such ROFO Space being referred to herein as the “Available ROFO Space”), and shall further set forth in such Availability Notice the Landlord’s proposed determination of the Prevailing Market Rent for the Available ROFO Space and any concessions not already set forth in this Lease, and the location, size, and expected delivery date of the Available ROFO Space. The Available ROFO Space shall be available for lease by Tenant upon all of the terms and conditions set forth in this Lease, except that the Base Rent therefor shall be 100% of the Prevailing Market Rate for such Available ROFO Space as mutually agreed by the parties or determined pursuant to the Baseball Arbitration Method. In no event shall Tenant be required to lease other space from Landlord as a condition to its exercise of the ROFO. The ROFO shall not be applicable to any portion of the ROFO Space which does not become available for Lease during the ROFO Period.

“Availability Period” means the period of time commencing on the Effective Date and ending on the Termination DateTranche A Availability Period or the [[Organization M:Organization]] Availability Period, as the context may require.

Availability Period. The period from and including the Closing Date to the Availability Period Termination Date.

Clause (b) of [Section 8.12] is hereby deleted and the following is inserted in its stead; the [following clause (c)] is hereby inserted into [Section 8.12]:

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.

Minimum US Availability. Permit US Availability to less than # $2,000,000 at any time between and including the Seventh Amendment Effective Date and June 15, 2018, or # $3,000,000 at any time on or after June 16, 2018.

Availability of Facility. Subject to the terms of this Agreement, the facility is available from the date hereof to the Termination Date, and the Borrowers may borrow, repay and reborrow at any time prior to the Termination Date. The Commitments to lend hereunder shall expire on the Termination Date. Principal payments made after the Termination Date may not be reborrowed.

Availability of Power. Subject to the other provisions of this contract, WKRECC shall, commencing with the effective date hereof, make available to Customer, and Customer shall take and buy from WKRECC, Customer's requirement for firm power and energy for the operation of Customer's facility up to a maximum of 25,001 kW (Off-Peak), and 500 kW (On-Peak), which amount shall be the "Contract Demands" under this contract.

SECTION # Amendment to Credit Agreement. Effective as of the Amendment No. 1 Closing Date, [Section 1.01] of the Credit Agreement shall be amended by replacing the definition of “Incremental Availability Period” in its entirety with the following: ““Incremental Availability Period” means the period from the Effective Date to and including January 31, 2023”.

The accrued commitment fee is payable on the last day of each successive period of three months which ends during the relevant Availability Period, on the last day of the Availability Period and, if cancelled in full, on the cancelled amount of the relevant Lender's Commitment at the time the cancellation is effective.