Common use of Term Loan Advances Clause in Contracts

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during the Draw Period, Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). The aggregate outstanding amount of the Term Loan Advances shall not, at any time, exceed the Term Line. (ii) The Term Loan Advances shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances shall be payable in thirty (30) equal monthly installments of principal plus accrued and unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on the Term Loan Maturity Date, shall include all outstanding principal and accrued and unpaid interest on the Term Loan Advances. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 p.m. Eastern time three (3) Business Days before the day on which the Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. The notice shall be signed by a Responsible Officer or its designee.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during the Draw Period, Lender agrees to make Term Loan Advances to Borrower may upon ▇▇▇▇▇▇▇▇’s request and Bank shall make term loan advances in an aggregate principal amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances")Commitment. Each Term Loan Advance shall be in an original principal amount not less than Two of at least Seven Million Five Hundred Fifty Thousand Dollars Dollar ($250,000). The aggregate outstanding amount 7,500,000) or Seven Million Five Hundred Thousand Dollar ($7,500,000) increments in excess thereof; provided that the initial Loan Advance of Seven Million Five Hundred Thousand Dollar ($7,500,000) shall be made on the Term Loan Advances shall not, at date that is three (3) Business Days after the Closing Date (or such shorter period as Lender approves in its sole discretion) without any time, exceed the Term Linerequirement to provide an Advance Request Form. (ii) The Term Loan Advances Except as set forth in this Section 2.1(a)(iii) below, Borrower shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances shall be payable in thirty (30) equal monthly installments of principal plus accrued and repay all unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due Obligations on the Term Loan Maturity Date, at which time all amounts owing under this Section 2.1(a) and any other amounts owing under this Agreement shall include all outstanding principal be immediately due and accrued and unpaid interest on the Term Loan Advancespayable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time Advances, in part or in whole, without penalty or premium. (iii) Upon consummation of the Merger (as defined in the Merger Agreement), all unpaid Obligations shall be automatically forgiven. (iv) When Borrower desires to obtain a Term Loan AdvanceAdvance after the Closing Date, Borrower shall notify Bank the Lender (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received delivery of an Advance Request Form no later than 2:00 12:00 p.m. Eastern time three at least five (35) Business Days before the day on which the such Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. The notice shall be signed by a Responsible Officer or its designeeof Borrower.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during the Draw Period, Bank agrees to make Term Loan Advances to Borrower. Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectivelyAdvances from the date hereof through August , the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000)2012. The aggregate outstanding amount of the Term Loan Advances shall not, at any time, not exceed the Term LineLoan. The proceeds of the Term Loan shall be used to finance the Acquisition. (ii) The Interest shall accrue from the date of each Term Loan Advances Advance at the rate specified in Section 2.3(a), and shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof2.3(c). Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Any Term Loan Advances that are outstanding on August , 2012 shall be payable in thirty forty two (3042) equal monthly installments of principal principal, plus all accrued interest, beginning on September 1, 2012, and unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due continuing on the Term Loan Maturity Date, shall include all outstanding principal and accrued and unpaid interest on the Term Loan Advancessame day of each month thereafter until paid in full. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 3:00 p.m. Eastern Central (1:30 p.m. Central time three (3) for wire transfers), on the Business Days before the day on which Day the Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. of Exhibit C. The notice shall be signed by a Responsible Officer or its designeedesignee and include a copy of the invoice for any Equipment to be financed. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during at any time from the Draw Perioddate hereof through the Interest-Only End Date, Bank agrees to make Term Loan Advances to Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances")Line. Each Term Loan Advance shall be in an amount not less than Two minimum increments of Five Hundred Fifty Thousand Dollars ($250,000500,000). The aggregate outstanding amount of the Term Loan Advances shall not, at any time, exceed the Term Line. (ii) The Interest shall accrue from the date of each Term Loan Advances Advance at the rate specified in Section 2.3, and shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning monthly on the Amortization Start Date and continuing on the first twenty-ninth (1st29th) day of each month thereafter, the so long as any Term Loan Advances are outstanding. Any Term Loan Advances that are outstanding on the Interest-Only End Date shall be payable in (x) if the Amortization Start Date is May 29, 2022, thirty (30) and (y) if the Amortization Start Date is November 29, 2022, twenty-four (24), equal monthly installments of principal principal, plus all accrued interest, beginning on the Amortization Start Date, and unpaid interest (continuing on the same day of each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on month thereafter through the Term Loan Maturity Date, at which time all amounts owing under this Section 2.1(d) and any other amounts owing under this Agreement shall include all outstanding principal be immediately due and accrued and unpaid interest on the Term Loan Advancespayable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time time, in whole or in part, without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 3:00 p.m. Eastern time three two (32) Business Days (or in the case of the Term Loan Advance made on the date hereof, one (1) Business Day) before the day on which the Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. of Exhibit B. The notice shall be signed by a Responsible Officer or its designeeOfficer.

Term Loan Advances. (a) Bank will make Term Loan Advances not exceeding the lesser of (i) Subject to the Committed Term Loan, or (ii) the Term Loan Borrowing Base, whichever is less. Amounts borrowed under this Section may not be repaid and upon reborrowed during the terms and conditions term of this Agreement, during the Draw Period, Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). The aggregate outstanding amount of the Term Loan Advances shall not, at any time, exceed the Term Line. (iib) The Term Loan Advances shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances shall be payable in thirty (30) equal monthly installments of principal plus accrued and unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on the Term Loan Maturity Date, shall include all outstanding principal and accrued and unpaid interest on the Term Loan Advances. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to To obtain a Term Loan Advance, Borrower shall must notify Bank (which notice shall be irrevocable) by electronic mail facsimile or facsimile transmission to be received no later than 2:00 telephone by 3:00 p.m. Eastern Pacific time three (3) on the Business Days before the day on which Day the Term Loan Advance is to be made. Such notice shall be substantially in Borrower must promptly confirm the form set forth in notification by delivering to Bank the Client Reporting FilePayment/Advance Form attached as Exhibit B, along with copies of appropriate equipment Invoices. The notice shall be signed by Bank will credit Term Loan Advances to Borrower's deposit account. Bank may make Term Loan Advances under this Agreement based on Instructions from a Responsible Officer or its his or her designee or without instructions if the Term Loan Advances are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given by a person whom Bank believes is a Responsible Officer or designee. Borrower will indemnify Bank for any loss Bank suffers due to reliance. (c) Bank shall make Term Loan Advances under the Committed Term Loan, in accordance with the conditions described above, during the twelve month period beginning with the date of this Agreement, and ending on that date which is twelve months thereafter (the "Advance Period"). During the Advance Period, interest shall be paid monthly, in arrears, on the first day of each month. At the end of the Advance Period, the Committed Term Line shall convert to a fully amortizing term loan, with thirty-six (36) equal monthly payments of principal, plus interest. The first monthly payment of principal and interest shall be due and payable on the first day of the first full month following the end of the Advance Period. The final payment of all outstanding principal, plus any accrued but unpaid interest, shall be due on the first day of that month which is thirty-six (36) months from the end of the Advance Period (the "Term Loan Maturity Date").

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during the Draw Period, Bank agrees to make Term Loan Advances to Borrower. Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectivelyAdvances from the date hereof through December 29, the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000)2015. The aggregate outstanding amount of the Term Loan Advances shall not, at any time, not exceed the Term LineLoan. (ii) The Interest shall accrue from the date of each Term Loan Advances Advance at the rate specified in the Pricing Addendum, and shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning 2.3(b) and on the Amortization Start Date and continuing on terms set forth in the first (1st) day of each month thereafter, the Pricing Addendum. Any Term Loan Advances that are outstanding on December 29, 2015 shall be payable in thirty six (3036) equal monthly installments of principal principal, plus all accrued interest, beginning on January 1, 2016, and unpaid interest (continuing on the same day of each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on month thereafter until the Term Loan Maturity Date, shall include at which time all outstanding principal and accrued and unpaid interest on the Term Loan AdvancesAdvances made under this Section 2.1(b) and any other amounts due under this Agreement shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Except as set forth in the Pricing Addendum, Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a an Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 3:00 p.m. Eastern Pacific time three (3) Business Days before the day on which the Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. of Exhibit C. The notice shall be signed by a Responsible Officer Officer. Bank shall be entitled to rely on any facsimile or its designeetelephonic notice given by a person who Bank reasonably believes to be a Responsible Officer, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (ia) Subject Through February 28, 2004, Bank will make advances (individually referred to herein as an “Term Loan Advance” and upon collectively as the terms and conditions of this Agreement, during the Draw Period, Borrower may request and Bank shall make term loan advances “Term Loan Advances”) in an aggregate amount not to exceed Four Million Dollars ($4,000,000). (b) Interest accrues from the date of the making of each Term Line (each a "Loan Advance at the applicable interest rates as set forth in Section 2.3(a) hereof and is payable as set forth therein beginning on the first possible interest payment date following the making of such Term Loan Advance" and collectively, . Borrower shall repay the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). The aggregate outstanding amount of the Term Loan Advances shall not, at any time, exceed the Term Line. to Bank in forty-eight (ii) The Term Loan Advances shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances shall be payable in thirty (3048) equal monthly installments of principal plus accrued beginning on March 1, 2004 and unpaid interest continuing on the first day of each of the succeeding forty-seven (each a "47) months thereafter (such final installment payment date for the Term Loan Advance Payment"). Borrower's final Advances is referred to herein as the “ Term Loan Advance PaymentMaturity Date”), due with the understanding that on the Term Loan Maturity Date, shall include Date all outstanding principal and accrued and unpaid interest on the Term Loan AdvancesAdvances and all related Obligations shall be repaid in full. Term Loan Advances, once repaid, Advances when repaid may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iiic) When Borrower desires to To obtain a Term Loan Advance, Borrower shall must notify Bank (which the notice shall be is irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 12:00 p.m. Eastern Pacific time three (3) one Business Days Day before the day on which the Term Loan Advance is to be made. Such The notice shall be substantially in the form set forth in the Client Reporting File. The notice shall of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or its designee. The proceeds of each Term Loan Advances shall be used for general corporate purposes. 2. Revised Section 2.3(a) and Section 2.3(b). Subsections (a) and (b) of Section 2.3 are hereby amended and restated to read, respectively, as follows:

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, during the Draw Period, Bank agrees to make Term Loan Advances to Borrower. Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances"). Each Term Loan Advance shall be , in an a minimum amount not less than Two Hundred Fifty Thousand Dollars (of $250,000)250,000 or whole number multiples thereof, from the date hereof through December 14, 2012. The aggregate outstanding amount of the Term Loan Advances shall not, at any time, not exceed the Term LineLoan Maximum Amount. (ii) The Interest shall accrue from the date of each Term Loan Advances Advance at the rate specified in Section 2.3(a), and shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof2.3(c). Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Any Term Loan Advances that are outstanding on December 14, 2012 shall be payable in thirty (30) equal monthly installments of principal principal, plus all accrued interest, beginning on January 1, 2013, and unpaid interest (continuing on the same day of each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on month thereafter through the Term Loan Maturity Date, shall include at which time all outstanding principal and accrued and unpaid interest on the amounts due in connection with Term Loan AdvancesAdvances shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 2:00 3:00 p.m. Eastern Pacific time three (3) Business Days before the day on which the Term Loan Advance is to be made. Such notice shall be substantially in the form set forth in the Client Reporting File. of Exhibit C. The notice shall be signed by a Responsible Officer or its designee. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (i) Subject to and upon the terms and prior satisfaction of all other applicable conditions to the making of a Term Loan Advances set forth in this Agreement, during the Draw Period, Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advance" and collectively, the "Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). The aggregate outstanding amount of the Term Loan Advances shall not, at any time, exceed the Term Line. (ii) The Term Loan Advances shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3 hereof. Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances shall be payable in thirty (30) equal monthly installments of principal plus accrued and unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, due on the Term Loan Maturity Date, shall include all outstanding principal and accrued and unpaid interest on the Term Loan Advances. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank Agent (which notice shall be irrevocable) by electronic mail mail, facsimile, or facsimile transmission to be received no later than 2:00 telephone by 12:00 p.m. Eastern time three at least five (35) Business Days before the day proposed Funding Date (with the exception of the Term B Loan Advance that shall be made on the First Amendment Effective Date, which shall be one (1) Business Day before the proposed Funding Date) of the Term Loan Advance. Together with any such electronic or facsimile notification, Borrower shall deliver to Agent by electronic mail or facsimile a completed Disbursement Letter (and Payment Advance Request Form) executed by an Authorized Signer. Agent may rely on any telephone notice given by a person whom Agent believes is an Authorized Signer. On the Funding Date, Agent shall credit each Term Loan Advance to the Designated Deposit Account. Agent may make a Term Loan Advance under this Agreement based on instructions from an Authorized Signer or without instructions if such Term Loan Advance is necessary to be mademeet Obligations which have become due.” 5. Such notice The Credit Agreement shall be substantially amended by deleting the following first sentence of Section 6.6(a) thereof: “Borrower shall, and shall cause each Credit Party to, maintain all of its operating and other deposit accounts, the Cash Collateral Account and securities/investment accounts with SVB and SVB’s Affiliates.” and inserting in lieu the form set forth in following: “Borrower shall, and shall cause each Credit Party to, maintain all of its operating accounts, the Client Reporting FileCash Collateral Account and excess cash with SVB and SVB’s Affiliates. 6. The notice Credit Agreement shall be signed amended by a Responsible Officer or its designee.deleting the following, appearing as Section 6.13 thereof: