Common use of Term Note Clause in Contracts

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14, 1997. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: (a) nine (9) consecutive installments each equal to SEVENTY-ONE THOUSAND AND NO/100 DOLLARS ($71,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April 1, 1997 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April 1, 1999; and (b) a final installment due and payable on July 1, 1999 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus one-half of one percent (1/2%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B hereto, with appropriate insertions (individually, a “Term Note” and, collectively, the “Term Notes”) payable to such Lender and representing the obligation of Borrower the Company to pay the unpaid principal amount of the term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan shall be evidenced made by such Lender in accordance with the terms of its Term Note and this Agreement. Subject to Section 10.05(d), the Term Note executed by BorrowerNote, payable to the order grid schedule and the books and records of Lender, in the principal amount each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Loan and dated February 14, 1997. The principal of the Term Loan, plus accrued and unpaid interest thereon, Note shall be due and payable in: (a) nine (9) consecutive installments each equal to SEVENTY-ONE THOUSAND AND NO/100 DOLLARS ($71,000.00) of principalbe dated the Closing Date, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April 1, 1997 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April 1, 1999; and (b) a final installment due and payable on July 1, 1999 in an amount equal be stated to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus one-half of one percent (1/2%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest mature on the Term Loan Maturity Date and (c) be payable as to be limited to principal in quarterly installments beginning on September 30, 2012. The Company shall make principal payments in respect of the Maximum Rate, then any subsequent reduction Term Loans on each date set forth below and in the Bank One Texas Base Rate aggregate principal amount set forth opposite such date: Date Amount September 30, 2012 $ 1,000,000 December 31, 2012 $ 1,000,000 March 31, 2013 $ 1,000,000 June 30, 2013 $ 2,000,000 September 30, 2013 $ 2,000,000 December 31, 2013 $ 2,250,000 March 31, 2014 $ 2,250,000 June 30, 2014 $ 39,500,000 To the extent not previously repaid, the aggregate unpaid principal amount under the Term Loans shall not reduce be paid in full by the rate of interest Company on the Term Loan below the Maximum Rate until the aggregate Maturity Date. The amount of interest accrued such quarterly principal payments as well as the payment on the Term Loan equals Maturity Date received by each Lender on each date shall be the amount of each Lender’s Commitment Proportion of the aggregate principal amount of interest which would have accrued being paid on the such date. Each Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the Maximum Rateapplicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14, 1997. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: (a) nine (9) consecutive installments each equal to SEVENTYSIX HUNDRED FORTY-ONE NINE THOUSAND AND NO/100 DOLLARS ($71,000.00649,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April 1, 1997 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April 1, 1999; and (b) a final installment due and payable on July 1, 1999 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus one-half of one percent (1/2%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14, 1997of even date herewith. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: (a) nine seven (97) consecutive installments each equal to SEVENTY-ONE THOUSAND AND NO/100 DOLLARS ($71,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April January 1, 1997 1996 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April July 1, 19991997; and (b) a final installment due and payable on July October 1, 1999 1997 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Effective October 1, 1995, the Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus one-half of one percent (1/2%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14October 1, 19971995. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: (a) nine seven (97) consecutive installments each equal to FIVE HUNDRED SEVENTY-ONE NINE THOUSAND AND NO/100 DOLLARS ($71,000.00579,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April January 1, 1997 1996 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April July 1, 19991997; and (b) a final installment due and payable on July October 1, 1999 1997 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Effective October 1, 1995, the Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus one-half of one percent (1/2%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14, 1997of even date herewith. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: : (a) nine thirteen (913) consecutive installments each equal to SEVENTY-ONE THOUSAND AND NO/100 DOLLARS ($71,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April July 1, 1997 1994 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April July 1, 19991997; and and (b) a final installment due and payable on July October 1, 1999 1997 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus onethree-half quarters of one and percent (1/23/4%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.

Term Note. The obligation of Borrower to repay the Term Loan shall be evidenced by the Term Note executed by Borrower, payable to the order of Lender, in the principal amount of the Term Loan and dated February 14, 1997of even date herewith. The principal of the Term Loan, plus accrued and unpaid interest thereon, shall be due and payable in: : (a) nine fourteen (914) consecutive installments each equal to FOUR HUNDRED SEVENTY-ONE NINE THOUSAND AND NO/100 DOLLARS ($71,000.00479,000.00) of principal, together with all accrued and unpaid interest, the first of such installments being due and payable on or before April 1, 1997 1994 and like installments being due and payable on the first day of each succeeding third calendar month thereafter through and including April July 1, 19991997; and and (b) a final installment due and payable on July October 1, 1999 1997 in an amount equal to the remaining unpaid principal amount outstanding on the Term Loan, together with all accrued and unpaid interest. The Term Loan shall bear interest prior to maturity at a varying rate per annum equal from day to day to the lesser of (a) the Maximum Rate or (b) the sum of the Bank One Texas Base Rate in effect from day to day plus onethree-half quarters of one percent (1/23/4%), each such change in the rate of interest charged hereunder to become effective, without notice to Borrower, on the effective date of each change in the Bank One Texas Base Rate; provided, however, if at any time the rate of interest specified in clause (b) preceding shall exceed the Maximum Rate, thereby causing the interest on the Term Loan to be limited to the Maximum Rate, then any subsequent reduction in the Bank One Texas Base Rate shall not reduce the rate of interest on the Term Loan below the Maximum Rate until the aggregate amount of interest accrued on the Term Loan equals the aggregate amount of interest which would have accrued on the Term Loan if the interest rate specified in clause (b) preceding had at all times been in effect. All past due principal and interest shall bear interest at the Maximum Rate.