Common use of EFFECT OF AN EVENT OF DEFAULT Clause in Contracts

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to the satisfaction of Lender and Ex-Im Bank, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose of the Collateral or the Proceeds thereof; and (f) exercise all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to the satisfaction of Lender and Ex-Im Bank, Lender may, at its option, without further notice or demand, in addition to the rights and remedies provided by any law or agreement, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; , (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to BorrowersBorrower, if any; (c) declare the Loan and any other indebtedness of Borrowers Borrower (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the NoteAgreement; (e) assemble, sell, lease, buy, transfer or otherwise dispose of the Collateral or the Proceeds thereof; and (f) exercise all the rights and remedies provided in this Agreement, the Note Agreement or in any of the other Financing Documents or available at law, in equity, or otherwise; provided, however, that if any Event the default relates to a matter of Default of the type described in the Subsection 8.1(g) shall occur, bankruptcy or insolvency the Loan and any other indebtedness of Borrowers Borrower (contingent or otherwise) to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or of any Guarantor shall not affect Lender's ’s right to declare a default and to exercise its rights and remedies.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make Loan Advances or disbursements), selland, leaseat Lender's option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. DEFAULT RATE. Following an Event of Default, including failure to pay upon final maturity, Lender, at its option, may do one or both of the following: (a) increase the variable interest rate on the Note to five percentage points (5.000%) over the otherwise effective interest rate payable thereunder, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the interest rate provided in the Note. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make further Loan Advances or disbursements), selland, leaseat Lender's option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional, in addition. Lender shall hove all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights BUSINESS LOAN AGREEMENT Loan No: 200505006 (Continued) Page 4 -------------------------------------------------------------------------------- and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make further Loan Advances or disbursements), selland, leaseat Lender`s option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's Lender`s rights and remedies shall be he cumulative and may be he exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's Lender`s right to declare a default and to exercise its rights and remedies.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: AMENDMENTS, This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Loan No 0300818580 BUSINESS LOAN AGREEMENT Page 4 (Continued) --------------------------------------------------------------------------------

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make further Loan Advances or disbursements), selland, leaseat Lender’s option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; “Insolvency” subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender ▇▇▇▇▇▇ to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's ▇▇▇▇▇▇’s right to declare a default and to exercise its rights and remedies. LETTER OF CREDIT AVAILABILITY. In addition to the terms previously set forth, availability under the Note shall be reduced by the amount of any outstanding documentary or standby Letters of Credit issued by the Lender for the Borrower’s account. Letters of Credit issued under this line of credit must be issued with an expiration date prior to the maturity date of the Note. Letters of Credit issued for the Borrower, which are presented for payment prior to the maturity date of the Note, shall be funded by an advance from the line of credit as evidenced by the Note. If not sooner paid, all Letters of Credit presented for payment and funded by an advance from the line of credit shall be due and payable upon the maturity date of the Note.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose of the Collateral or the Proceeds thereof; and (f) exercise all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available any other agreement immediately will terminate (including any obligation to make Loan Advances or disbursements), and, at lawLender's option all Indebtedness immediately will become due and payable, all without notice of any kind to Borrower, except that in equity, or otherwise; provided, however, that if any the case of an Event of Default of the type described in the Subsection 8.1(g) "Insolvency" subsection above, such acceleration shall occurbe automatic and not optional. In addition, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due have all the rights and payableremedies provided in the Related Documents or available at Law, without any noticein equity, demand or action by Lenderotherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and any may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. DEFAULT RATE. Following an Event of Default, including failure to pay upon final maturity, Lender, at its option, may do one or both of the following: (a) increase the variable interest rate on the Note to five percentage points (5.000%) over the otherwise effective interest rate payable thereunder, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the interest rate provided in the Note. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and unless such obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be cured automatic and not optional. Furthermore, upon the occurrence of an Event of Default, including failure to pay upon final maturity, the satisfaction of Lender and Ex-Im Bank, Lender mayLender, at its option, without further notice may also, if permitted under applicable law, increase the Interest Rate to a rate equal to the Prime Borrowing Rate plus 5%. The Interest Rate will not exceed the maximum rate permitted by applicable law. In addition, if any payment of principal or demandinterest is 15 or more days past due, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as Borrower will be charged a late charge of 5% of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of delinquent payment. In addition, Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose of the Collateral or the Proceeds thereof; and (f) exercise shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make further Loan Advances or disbursements), selland, leaseat Lender's option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies. NOTICE OF FINAL AGREEMENT. THIS WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender under this agreement immediately will terminate (including any obligation to make loans further Loan Advances or other credit accommodations to Borrowersdisbursements), if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender and, at Lender's option, all Indebtedness immediately will become due and payable; (d) refuse , all without notice of any kind to make or incur any additional Credit Accommodations under this Agreement or Borrower, except that in the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies. FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; (e) assembleRelated Documents or any other agreement immediately will terminate and, sellat Lender’s option, leaseall indebtedness immediately will become due and payable, buyall without notice of any kind to the Borrower, transfer or otherwise dispose except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; “Insolvency” subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly singularity or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of an Grantor shall not affect Lender's ’s right to declare a default and to exercise its rights and remedies. Should Lender elect to declare Borrower in default in the event and event of default should occur, Lender shall do so in writing and upon such notice Borrower shall have five (5) days from the date of the notice to cure any monetary default so declared by Lender and fifteen (15) days to cure any non-monetary default so declared by Lender.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender under this Agreement immediately will terminate (including any obligation to make loans further Loan Advances or other credit accommodations to Borrowersdisbursements), if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender and, at Lender's option, all Indebtedness immediately will become due and payable; (d) refuse , all without notice of any kind to make or incur any additional Credit Accommodations under this Agreement or Borrower, except that in the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies. LENDER'S LOAN FEES. In consideration for Lender holding itself ready, willing and able to extend the loan evidenced by this Note, Borrower has paid Lender a loan fee of $5,000.00, which represents 1.00% of the original amount of this Note. If Lender extends the maturity date of this Note beyond its stated maturity, Lender shall have the right, in its sole discretion to automatically assess a fee for the extension, which fee shall be same percentage as the original loan fee, pro-rated to account for the length of the extension.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender under this Agreement, the Related Documents, and every other agreement between Lender and any one or more of the Borrowers immediately will terminate (including any obligation to make loans Loan Advances or other credit accommodations to Borrowersdisbursements), if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender and, at Lender's option, all Indebtedness immediately will become due and payable; (d) refuse , all without notice of any kind to make or incur any additional Credit Accommodations under this Agreement or Borrower, except that in the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose case of an Event of Default of the Collateral type described in the "Death or the Proceeds thereof; Insolvency" subsection above, including any such event as it applies to any Guarantor, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies expressly provided elsewhere in this Agreement, Agreement and in the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or of any Guarantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender under this Agreement, the Related Documents, and every other agreement between Lender and Borrower immediately will terminate (including any obligation to make loans Loan Advances or other credit accommodations to Borrowersdisbursements), if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender and, at Lender’s option, all Indebtedness immediately will become due and payable; (d) refuse , all without notice of any kind to make or incur any additional Credit Accommodations under this Agreement or Borrower, except that in the Note; (e) assemble, sell, lease, buy, transfer or otherwise dispose case of an Event of Default of the Collateral type described in the “Death or the Proceeds thereof; Insolvency” subsection above, including any such event as it applies to any Guarantor, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies expressly provided elsewhere in this Agreement, Agreement and in the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or of any Guarantor shall not affect Lender's ’s right to declare a default and to exercise its rights and remedies.

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, and unless such Event of Default shall be cured to except where otherwise provided in this Agreement or the satisfaction of Lender and Ex-Im BankRelated Documents, Lender may, at its option, without further notice or demand, (a) accelerate the Commitment Termination Date, whereupon the Commitment shall terminate as of the accelerated Commitment Termination Date; (b) terminate all other commitments and obligations of Lender to make loans or other credit accommodations to Borrowers, if any; (c) declare the Loan and any other indebtedness of Borrowers (contingent or otherwise) to Lender immediately due and payable; (d) refuse to make or incur any additional Credit Accommodations under this Agreement or the Note; Related Documents or any other agreement immediately will terminate (e) assembleincluding any obligation to make Loan Advances or disbursements), selland, leaseat Lender's option, buyall Indebtedness immediately will become due and payable, transfer or otherwise dispose all without notice of any kind to Borrower, except that in the case of an Event of Default of the Collateral or type described in the Proceeds thereof; "Insolvency" subsection above, such acceleration shall be automatic and (f) exercise not optional. In addition, Lender shall have all the rights and remedies provided in this Agreement, the Note or in any of the other Financing Related Documents or available at law, in equity, or otherwise; provided, however, that if any Event of Default of the type described in the Subsection 8.1(g) shall occur, the Loan and any other indebtedness of Borrowers to Lender shall automatically become fully due and payable, without any notice, demand or action by Lender. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of any Borrower or Guarantor of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. DEFAULT RATE. Upon default, including failure to pay upon final maturity, Lender, at its option, may do one or both of the following: (a) increase the variable interest rate on this Note to five percentage points (5.000%) over the Interest Rate otherwise payable thereunder, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in the Note. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Amendment and Restatement: