Common use of Minimum Usage Clause in Contracts

Minimum Usage. The Company and OOMC hereby acknowledge that the Note Purchaser is entering into this facility with the understanding that the Note Purchaser expects to receive at least $546,978.74 (the “Minimum Usage Fee”) in spread (“spread” being the cumulative dollar amount of that portion of the Note interest represented by the Margin) during the Commitment Term (i.e., on or prior to October 10, 2006). If, by the end of the Commitment Term, the total spread paid to the Note Purchaser is less than the Minimum Usage Fee, then the Company and OOMC, jointly and severally, shall pay to the Note Purchaser, on the last day of the Commitment Term, an amount equal to such shortfall.”

Minimum Usage. The Company and OOMC hereby acknowledge that the Note Purchaser is entering into this facility with the understanding that the Note Purchaser expects to receive at least $546,978.74 6,563,744.82 (the “"Minimum Usage Fee”") in spread (“"spread” " being the cumulative dollar amount of that portion of the Note interest represented by the Margin) during the Commitment Term (i.e., on or prior to October 10September 8, 2006). If, by the end of the Commitment Term, the total spread paid to the Note Purchaser is less than the Minimum Usage Fee, then the Company and OOMC, jointly and severally, shall pay to the Note Purchaser, on the last day of the Commitment Term, an amount equal to such shortfall.”"