Common use of Effectiveness Clause in Contracts

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment to Bank of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed become effective upon (ai) the due execution and delivery to Bank of this Amendment Amendment, duly executed by each party hereto Borrower and Bank, and (bii) Borrower’s payment of Bank’s legal all fees and expenses incurred expenses, as described in connection with Section 5 of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of (i) this Amendment by each party hereto and (bii) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment to Bank of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s reasonable legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees receipt of a loan fee in the amount of $10,000, fully earned and expenses incurred in connection with this Amendmentpayable to Bank as of the Amendment Date.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lender of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses all Lender Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of (i) this Amendment by each party hereto and (bii) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.. [Balance of Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of updated Borrowing Resolutions of Borrower and (bc) Borrower’s payment of Bank’s legal fees and expenses all Bank Expenses incurred in connection with through the date of this Amendment, which may be debited from any of Borrower’s accounts with Bank.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) updated Borrowing Resolutions for Borrower and (c) payment of all Bank Expenses incurred through the date of this Amendment, which may be debited from any of Borrower’s payment accounts at Bank. [Balance of Bank’s legal fees and expenses incurred in connection with this Amendment.Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of (i) a fully-earned, non-refundable amendment fee in an amount equal to Thirty-Two Thousand Dollars ($32,000.00) and (ii) Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of all Bank Expenses due and owing as of the date hereof, which may be debited from any of Borrower’s accounts at Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment Co-Borrowers’ payments to Bank of Bank’s legal fees and expenses all Bank Expenses incurred in connection with this Amendmentthrough the date hereof.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred an amendment fee in connection with this Amendmentan amount equal to $10,000.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of the updated Perfection Certificate by Borrower and the completed Borrowing Resolutions for Borrower, (c) Borrower’s payment of the Commitment Fee, and (bd) Borrower’s payment of Bank’s reasonable out-of-pocket legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this AmendmentAmendment for which Bank has invoiced Borrower on or prior to the date hereof.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lenders of (i) this Amendment by each party hereto hereto, and (ii) a fully-executed copy the License Agreement together with all other documents entered into in connection therewith, and (b) Borrower’s payment to Lenders of all Lenders’ Expenses due and owing as of the date hereof, which may be debited from any of Borrower’s accounts at Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto (other than Bank), and (b) Borrower’s payment to Bank of Bank’s reasonable documented legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of this Amendment by each party hereto Amendment, and (b) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this AmendmentAmendment and (c) such other documents and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Agent of this Amendment by each party hereto and (b) Borrower’s payment to Agent of BankAgent’s and the Lenders’ reasonable legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of a facility fee in an amount equal to Twenty Thousand Dollars ($20,000), and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment., and (c) such other documents and completion of such other matters, as Bank may reasonably deem necessary or appropriate. [Balance of Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses an amount equal to the Bank Expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment the due execution and/or delivery to Bank of Bank’s legal fees and expenses incurred the items listed on the Closing Checklist delivered to Borrowers in connection with this Amendment, and (c) Borrowers’ payment of all Bank Expenses in connection herewith.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Bank’s receipt of the Subordinated Horizon Loan Documents, (c) Bank’s receipt of the Restated Horizon Subordination Agreement substantially in the form attached hereto as Schedule 2 and dated as of even date herewith, duly executed and delivered by Borrower’s , Horizon Collateral Agent and each of the Subordinated Horizon Creditors, and (d) payment of Bank’s legal fees and expenses incurred in connection with this Amendment.expenses

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of (i) a commitment fee in the amount of Two Thousand Dollars ($2,000.00), and (ii) Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of this Amendment by each party hereto Amendment; and (b) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective on the Second Amendment Effective Date upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees all Bank Expenses incurred and expenses incurred in connection with this Amendmentinvoiced as of the date hereof.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees and expenses an amount equal to all Bank Expenses incurred in connection with through the date of this Amendment, and (c) such other documents as Bank may reasonably request.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s receipt by Bank of a fee of $10,000 and payment of Bank’s legal fees and expenses the Bank Expenses incurred in connection with this Amendment, and (c) and such other documents as Bank may reasonably request.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s delivery to Bank of a duly executed signature to the Growth Capital Warrant, and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of all Bank’s legal fees and expenses incurred in connection with the preparation and negotiation of this AmendmentAmendment and the other Loan Documents.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Collateral Agent and Lenders of (i) this Amendment by each party hereto hereto, and (bii) Borrower’s payment of Bank’s legal fees and expenses all Lenders’ Expenses incurred in connection with through the date of this Amendment.. [Balance of Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s the due execution and delivery to Bank of the Warrant to be issued on the date hereof, and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment the due execution and delivery to Bank of Bank’s legal fees and expenses incurred in connection with this Amendmentthe Mezzanine Loan Documents.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (ii) the due execution and delivery to Bank of Borrowing Resolutions for each Borrower, and (biii) the delivery of each Borrower’s payment of Bankcurrent Operating Documents reflecting each Borrower’s legal fees and expenses incurred in connection with this Amendmentupdated corporate name.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto and (bii) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendmentreceipt of duly executed copies of the CLRS Merger Documents.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of the Joinder and Second Amendment to Amended and Restated Loan and Security Agreement, and (bc) Borrower’s payment to Bank of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lenders of this Amendment by each party hereto and (b) Borrower’s payment of Bankall Lenders’ Expenses incurred through the date hereof, which may be debited from any of Borrower’s legal fees and expenses incurred in connection accounts with this AmendmentLenders.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of (i) this Amendment by each party hereto and (ii) the Mezzanine Loan Documents, and (b) Borrower’s Co-Borrowers’ payment of Bank’s legal fees and expenses all Bank Expenses incurred in connection with this Amendmentthrough the date hereof.

Effectiveness. This Amendment shall be deemed effective upon (a1) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b1) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto and delivery of same to Bank; (bii) Borrower’s the due execution and delivery of a guaranty in form satisfactory to Bank by Drive Capital Fund I, L.P.; and (iii) payment of Bank’s legal fees and expenses a loan fee of $5,000 together with Bank Expenses incurred in connection with this Amendmentthrough the First Amendment Date.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of the Pro-Rated Commitment Fee; and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s the due execution and delivery to Bank of the First Amendment to Loan and Security Agreement by the Borrower and Bank dated of even date herewith (the “Domestic Amendment”), and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment and the Domestic Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s the due execution and delivery to Bank of the First Amendment to Loan and Security Agreement (Exim Loan Facility) by the Borrower and Bank dated of even date herewith (the “Exim Amendment”), and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment and the Exim Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of the Cash Pledge Agreement by each party thereto, and (bc) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lenders of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s Lenders’ legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) Borrower’s payment of a fully-earned, non-refundable amendment fee in an amount equal to Fifty Thousand Dollars ($50,000), and (bc) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment to Bank of (i) a fully-earned, non-refundable amendment fee in an amount equal to Thirty Thousand Dollars ($30,000.00), and (ii) Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed become effective upon as of the date first above written when the Bank shall have received (ai) the due execution and delivery to Bank counterparts of this Amendment duly executed by each party hereto the parties hereto, and (bii) Borrower’s payment of Bank’s legal all fees due and expenses incurred payable under or in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment to Bank of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.. ​

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and delivery of seine to Bank and (b) Borrower’s payment by Borrower of Bank’s legal all Bank Expenses (including all reasonable attorneys’ fees and expenses reasonable expenses) incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of the Joinder and Second Amendment to Mezzanine Loan and Security Agreement, and (bc) Borrower’s payment to Bank of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees an fee as stated above, and expenses incurred (c) the delivery of such other agreements and documents by Borrower and the taking of such other actions Borrower, in connection with this Amendmenteach case as Bank shall determine are necessary or advisable in order to effectuate the terms and provisions hereof and of the Loan Agreement.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and delivery of same to Bank, (b) Borrower’s payment by Borrower of Bank’s legal all Bank Expenses (including all reasonable attorneys’ fees and expenses reasonable expenses) incurred through the date of this Amendment and (c) payment by Borrower of the prorated Commitment Fee in connection with this Amendmentthe amount of $14,336.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred all Bank Expenses in connection with this Amendmentherewith.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and delivery of same to Bank, and (b) Borrower’s payment by Borrower of Bank’s legal all Bank Expenses (including all reasonable attorneys’ fees and expenses reasonable expenses) incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred an amendment fee in connection with this Amendmentan amount equal to $10,000.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment to Bank of Bank’s reasonable and documented legal fees and expenses incurred in connection with this AmendmentAmendment which shall have been invoiced within five (5) days of the date hereof.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with all Bank Expenses relating to this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) due execution and delivery to Bank of the Warrant to Purchase Limited Liability Company Common Units dated as of the date hereof by each party thereto (the “2017 Warrant”), (c) Borrower’s payment of the Final Payment, (d) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this AmendmentAmendment and the 0000 Xxxxxxx.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees and expenses an amount equal to the Bank Expenses incurred in connection with this Amendment, and (c) and such other documents as Bank may reasonably request.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto (ii) the due execution and delivery to Bank of Borrowing Resolutions for New Borrower and (bii) Borrower’s payment by Borrowers’ of Bank’s legal fees and expenses incurred a facility fee in connection with this Amendmentthe amount of One Thousand Dollars ($1,000).

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto and (bii) the due execution and delivery to Bank of Borrowing Resolutions for each Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s Borrowers’ payment of Bank’s legal fees a $10,000.00 modification and expenses incurred extension fee, which fee shall be deemed fully earned as of the date hereof, and all Bank Expenses in connection with this Amendmentherewith.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees all corporate and expenses incurred other proceedings taken or to be taken in connection with this AmendmentAmendment and all documents incidental thereto, whether or not referred to herein, shall be reasonably satisfactory in form and substance to Bank and (c) the representations and warranties in Section 4 of this Amendment shall be true, accurate and complete in all material respects.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of (i) this Amendment by each party hereto hereto, and (ii) updated Borrowing Resolutions, and (b) Borrowers’ payment all Bank Expenses, which may be debited from any Borrower’s payment of accounts with Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective as of March 3, 2010 upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment to Bank of Bank’s legal all Bank Expenses (including all reasonable attorneys’ fees and expenses reasonable expenses) incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lender of this Amendment by each party hereto and (b) Borrower’s payment execution and delivery to Lender of Bank’s legal fees the Note in the form attached hereto as Exhibit A, duly executed and expenses incurred in connection with this Amendmentdelivered by the Borrower.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of all Bank Expenses due and owing as of the date hereof, which may be debited from any of Borrower’s accounts at Bank’s legal fees and expenses incurred in connection with this Amendment.. [Balance of Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of (a) this Amendment by each party hereto and (b) the payment of all Bank Expenses, which may be debited from any Borrower’s payment accounts with Bank. [Balance of Bank’s legal fees and expenses incurred in connection with this Amendment.Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective as of the date hereof, upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto; and (b) Borrower’s payment by Borrower of Bank’s legal fees and expenses a fee of $25,000, plus an amount equal to the Bank Expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s 's payment of Bank’s legal fees and expenses incurred in connection with this Amendment's out-of-pocket expenses.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees and expenses the Bank Expenses incurred in connection with this Amendment, and (c) and such other documents as Bank may reasonably request.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment execution and delivery of a current Perfection Certificate, in form and substance satisfactory to Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of a non-refundable facility fee in an amount equal to $4,500 and Bank’s legal fees and expenses incurred in connection with this Amendment's out-of-pocket expenses.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s hereto, delivery of the attached acknowledgements executed by the Guarantor, payment of Bank’s a $2,431 extension fee, and payment of all legal fees and expenses incurred in connection with of Bank related to this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment to Bank of Bank’s legal all Bank Expenses (including all reasonable attorneys’ fees and expenses reasonable expenses) incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred receipt of the Corporate Borrowing Certificate substantially in connection with this Amendmentthe form of Exhibit B attached hereto.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lender of this Amendment by each party hereto hereto, and (b) Borrower’s Borrowers’ payment of Bank’s legal fees and expenses all Lender Expenses incurred in connection with this Amendmentthe existing Loan Documents and the modifications herein.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s the due execution and delivery to Bank of updated Borrowing Resolutions and (c) the payment by Borrower of Bank’s legal fees and expenses incurred an extension fee in connection with this Amendmentthe amount of Five Thousand Dollars ($5,000).

Effectiveness. This Amendment shall be deemed effective as of the Effective Date upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, (b) the due execution and delivery to Bank of updated Borrowing Resolutions of Borrower and (bc) Borrower’s payment of Bank’s legal fees and expenses all Bank Expenses incurred in connection with through the date of this Amendment., which may be debited from any of Borrower’s accounts with Bank. [Balance of Page Intentionally Left Blank]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank Lenders of (i) this Amendment by each party hereto hereto; and (bii) Borrower’s payment of Bank’s legal fees and expenses all Lender Expenses incurred in connection with through the date of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank of this Amendment by each party hereto and (bii) Borrower’s the payment by Borrower of Bank’s legal fees and expenses incurred an amendment fee in connection with this Amendmentthe amount of Thirty Thousand Dollars ($30,000).

Effectiveness. This Amendment shall be deemed effective upon (a7) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b7) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.. Active 33398170v2 220763.001325

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrowerthe due execution and delivery to Bank of a Warrant to Purchase Common Stock dated on or about the date hereof by each party thereto, and (c)Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto hereto, and (b) Borrower’s Borrowers’ payment of Bank’s legal fees and all Bank expenses incurred in connection with through the date of this Amendment.. [Signature page follows]

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of Bank’s legal fees a fee of $10,000 and expenses the Bank Expenses incurred in connection with this Amendment, and (c) and such other documents as Bank may reasonably request.

Effectiveness. This Amendment shall be deemed effective upon (a) the due execution and delivery to Bank of this Amendment by each party hereto and hereto, (b) Borrower’s payment of an amendment fee in an amount equal to One Thousand Dollars ($1,000), and (c) payment of Bank’s legal fees and expenses incurred in connection with the negotiation and preparation of this Amendment.

Effectiveness. This Amendment shall be deemed effective upon (ai) the due execution and delivery to Bank Collateral Agent of this Amendment and the Disbursement Letter attached hereto as Exhibit A by each party hereto thereto; (ii) Borrowers’ payment of the amounts set forth in the Disbursement Letter; and (biii) Borrowers’ payment of all Lenders’ Expenses incurred through the date of this Amendment, which may be debited (or ACH’d) from any of a Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendmentbank accounts.