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.

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.

Retention Bonuses Availability. In recognition of Executive’s continued service with Employer through and until the employment dates set forth below (the "Retention Periods") and in addition to Executive’s market-based, regular salary, the Employer is offering Executive retention bonuses in the amounts set forth below, less all applicable withholdings and deductions required by law (the "Retention Bonuses"). Executive will be eligible to receive one or both of the Retention Bonuses if all of the following eligibility criteria are satisfied:

Unsuppressed Canadian Availability. As long as there are any Canadian Total Revolving Credit Outstandings, permit the amount equal to the Canadian Borrowing Base minus Canadian Total Revolving Credit Outstandings to be less than $500,000 at any time.

Availability of Funds. Farmee has cash available or has existing borrowing facilities or other sources of immediately available funds which together are sufficient to enable it to consummate the transactions contemplated herein and the obligations attributable to the Farmee Interest under the Contract and this Agreement.

Circumstances Affecting LIBOR Rate Availability. Unless and until a Replacement Rate is implemented in accordance with clause (c) below, in connection with any request for a LIBOR Rate Loan or a conversion to or continuation thereof or otherwise, if for any reason # the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable amount and Interest Period of such Loan, # the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that reasonable and adequate means do not exist for the ascertaining the LIBOR Rate for such Interest Period with respect to a proposed LIBOR Rate Loan or # the Required ​ shall determine (which determination shall be conclusive and binding absent manifest error) that the LIBOR Rate does not adequately and fairly reflect the cost to such ​ of making or maintaining such Loans during such Interest Period, then the Administrative Agent shall promptly give notice thereof to the Borrower. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, the obligation of ​ to make LIBOR Rate Loans and the right of the Borrower to convert any Loan to or continue any Loan as a LIBOR Rate Loan shall be suspended, and the Borrower shall either # repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan together with accrued interest thereon (subject to Section 5.1(d)), on the last day of the then current Interest Period applicable to such LIBOR Rate Loan; or # convert the then outstanding principal amount of each such LIBOR Rate Loan to a Base Rate Loan as of the last day of such Interest Period.