Common use of Capex Loans Clause in Contracts

Capex Loans. (a) The Lenders agree, subject to Section 2.5 and the other terms and conditions of this Agreement, to make loans to the Borrower to finance the purchase by the Borrower of Equipment (the "CapEx Loans"), from time to time from the Closing Date to but excluding the date that is six months before the Expiration Date, at the Borrower's request to the Agent, the aggregate principal amount at any time outstanding which shall not exceed the lesser of (i) $15,000,000 and (ii) 80% of the cost of such Equipment (excluding the cost of any software, warranties or other intangible assets related thereto). (b) Each CapEx Loan shall be in a minimum principal amount of $3,000,000, and no more than five CapEx Loans may be outstanding at any time. (c) The CapEx Loans shall be evidenced by a promissory note payable to the order of each Lender, substantially in the form of Exhibit B (as amended, supplemented or otherwise modified from time to time, the "CapEx Notes"), executed by the Borrower and delivered to each Lender on the Closing Date. The CapEx Note payable to the order of a Lender shall be in a stated maximum principal amount equal to such Lender's Pro Rata Share of $15,000,000. (d) The principal amount of each CapEx Loan shall be payable in equal and consecutive monthly installments each in an amount equal to 1.67% of the amount of such CapEx Loan on the first Business Day of each month commencing on the first Business Day following the first anniversary of the Closing Date or, if such CapEx Loan is made after the first anniversary of the Closing Date, on the first Business Day of the month following the month in which such CapEx Loan is made, provided that the entire unpaid principal balance of each CapEx Loan shall be payable in full, with all interest accrued thereon, on the Expiration Date. Amounts repaid on account of a CapEx Loan may not be reborrowed as a CapEx Loan, provided that, (i) to the extent a repayment or prepayment, in whole or in part, of a CapEx Loan creates availability to borrow Revolving Credit Loans, such amounts may be reborrowed as Revolving Credit Loans; and (ii) to the extent any CapEx Loan is repaid or prepaid in full (and not in part), such amounts may be reborrowed as CapEx Loans to finance a different item of Equipment.

Capex Loans. (a) The Lenders agree, subject Subject to Section 2.5 and upon the other terms and conditions of this Agreementherein set forth, each Lender severally agrees to make to Borrower, to make loans to the Borrower to finance extent of the purchase by CapEx Loan Commitment, CapEx Loan Advances on any Business Day during the Borrower of Equipment (the "CapEx Loans"), from time to time period from the First Amendment Closing Date to but excluding the date that is six months before the Expiration DateMay 10, 2007, to finance Borrower's purchase of Eligible Equipment and Eligible Real Estate Improvements. In no event shall any Lender have any obligation to honor a request of Borrower for a CapEx Loan unless at the Borrower's time of such request to the Agent, the aggregate principal amount at any time outstanding which shall not exceed the lesser of (i) $15,000,000 and (ii) 80% each of the cost of such Equipment (excluding the cost of any software, warranties or other intangible assets related thereto). (b) Each CapEx Loan shall be in a minimum principal amount of $3,000,000Conditions is satisfied, and no more than five CapEx Loans may be outstanding at any time. (c) The CapEx Loans shall be evidenced by a promissory note payable to the order of each Lender, substantially in the form of Exhibit B (as amended, supplemented or otherwise modified from time to time, the "CapEx Notes"), executed by the Borrower and delivered to each Lender on the Closing Date. The CapEx Note payable to the order of a Lender shall be in a stated maximum principal amount equal to such Lender's Pro Rata Share of $15,000,000. (d) The principal amount of each CapEx Loan that is requested by Borrower shall not be payable in equal and consecutive monthly installments each in an amount equal to 1.67% of the amount of such CapEx Loan on the first Business Day of each month commencing on the first Business Day following the first anniversary of the Closing Date or, if such CapEx Loan is made after the first anniversary of the Closing Date, on the first Business Day of the month following the month in which such CapEx Loan is made, provided that the entire unpaid principal balance less than $200,000. The proceeds of each CapEx Loan shall be payable used solely to purchase Eligible Equipment and Eligible Real Estate Improvements and the amount of each CapEx Loan shall not exceed 80% of the Equipment Purchase Price of the Eligible Equipment or 80% of the Real Estate Improvement Purchase Price of the Eligible Real Estate Improvements so purchased. Each Lender shall make its CapEx Loan Advance available to Agent in fullimmediately available funds, with all interest accrued thereonto such account of Agent as Agent may designate, not later than 12:00 noon on the Expiration Datedate that Borrower requests such CapEx Loan. Amounts repaid on account After Agent's receipt of a the proceeds of such CapEx Loan Advance, and upon satisfaction of the conditions precedent set forth in Section 10 hereof and Section 10 of the First Amendment, Agent shall make the proceeds of all such CapEx Loan Advances available to Borrower on the date requested by Borrower by transferring same day funds equal to the proceeds of such CapEx Loan Advances received by Agent to an account designated by Borrower in writing. All CapEx Loans shall be secured by the Collateral. Borrower may not be reborrowed as a reborrow any amount repaid with respect to any of the CapEx Loan, provided that, (i) to the extent a repayment or prepayment, in whole or in part, of a CapEx Loan creates availability to borrow Revolving Credit Loans, such amounts may be reborrowed as Revolving Credit Loans; and (ii) to the extent any CapEx Loan is repaid or prepaid in full (and not in part), such amounts may be reborrowed as . The CapEx Loans to finance a different item of Equipmentshall bear interest as set forth in Section 2.1.1 hereof.

Capex Loans. (ai) The Lenders agree, subject Subject to Section 2.5 and the other terms and conditions of this Agreement, to make loans to the Borrower to finance the purchase by the Borrower of Equipment (the "CapEx Loans")each Lender, severally and not jointly, shall, from time to time from time, make available Advances to one or more Borrowers (each, a “CapEx Loan” and collectively, the “CapEx Loans”) to finance each applicable Borrower’s purchase of Equipment for use in each such Borrower’s business. All such CapEx Loans shall be in such amounts as are requested by Borrowing Agent, but in no event shall any CapEx Loan exceed ninety (90%) percent of the net invoice cost (excluding taxes, shipping, delivery, handling, installation, overhead and other so called “soft” costs) of the Equipment then to be purchased by Borrowers and the total amount of all CapEx Loans outstanding hereunder shall not exceed, in the aggregate, the sum of Six Million Five Hundred Thousand Dollars ($6,500,000.00). Once repaid CapEx Loans may not be reborrowed. (ii) Advances constituting CapEx Loans shall be accumulated during each six month period (each a “Borrowing Period”) during the Term. Notwithstanding the foregoing, the first Borrowing Period shall commence on the Restated Closing Date to but excluding and end on December 31, 2007 (the date that is “Initial Borrowing Period”). Each subsequent Borrowing Period shall consist of six months before month periods commencing on January 1, 2008. For the Expiration Datetwelve-month period commencing on the Restated Closing Date and ending on December 31, 2007, only interest will be due and payable on the CapEx Loans. Thereafter, at the Borrower's request to the Agentend of each Borrowing Period, the aggregate sum of all CapEx Loans made during the Borrowing Period shall amortize on the basis of a forty-eight (48) month schedule (such amount as determined with respect to any Borrowing Period, the “Amortization Amount”). Monthly principal payments will be initially determined for the CapEx Loans made during the Initial Borrowing Period and the amount at any time outstanding which of such monthly principal payments shall not exceed be increased upon the lesser completion of (i) $15,000,000 each such subsequent Borrowing Period by the Amortization Amount for each such subsequent Borrowing Period. The CapEx Loans shall be, with respect to principal, payable in equal monthly installments based upon the amortization schedule set forth above, commencing on January 1, 2008 and (ii) 80% on the first day of each month thereafter with the balance payable upon the expiration of the cost Term, subject to acceleration upon the occurrence of such Equipment (excluding the cost an Event of any software, warranties Default under this Agreement or other intangible assets related thereto). (b) Each CapEx Loan shall be in a minimum principal amount termination of $3,000,000, and no more than five CapEx Loans may be outstanding at any time. (c) The this Agreement. CapEx Loans shall be evidenced by a one or more secured promissory note payable to notes (collectively, the order of each Lender, “CapEx Note”) in substantially in the form of attached hereto as Exhibit B (as amended, supplemented or otherwise modified from time to time, the "CapEx Notes"2.4(a), executed by the Borrower and delivered to each Lender on the Closing Date. The CapEx Note payable to the order of a Lender shall be in a stated maximum principal amount equal to such Lender's Pro Rata Share of $15,000,000. (diii) The principal amount Voluntary prepayments of each the CapEx Loan Loans shall be payable applied in equal the inverse order of scheduled payments and consecutive monthly installments each in an amount equal to 1.67% of the amount of such CapEx Loan on the first Business Day of each month commencing on the first Business Day following the first anniversary of the Closing Date or, if such CapEx Loan is made after the first anniversary of the Closing Date, on the first Business Day of the month following the month in which such CapEx Loan is made, provided that the entire unpaid principal balance of each CapEx Loan shall be payable in full, with all interest accrued thereon, on the Expiration Date. Amounts repaid on account of a CapEx Loan may not be reborrowed as a CapEx Loan, provided that, (i) to the extent a repayment or prepayment, in whole or in part, of a CapEx Loan creates availability to borrow Revolving Credit Loans, such amounts may be reborrowed as Revolving Credit Loans; and (ii) to the extent any CapEx Loan is repaid or prepaid in full (and not in part), such amounts may be reborrowed as CapEx Loans to finance a different item of Equipmentreborrowed.

Capex Loans. (a) The Lenders agreeLender agrees, subject to Section 2.5 and the other terms and conditions of this Agreement, to make loans to the Borrower to finance the purchase by the Borrower of Equipment (the "CapEx Loans")) to the Borrowers to finance the purchase by any of the Borrowers of new Equipment, from time to time from the Closing Date to but excluding the date that is six months before the Expiration Dateuntil May 25, 2009, at the Administrative Borrower's request to the AgentLender, the aggregate principal amount at any time outstanding of which shall not exceed the lesser of (i) $15,000,000 1,500,000 and (ii) 8085% of the cost of such Equipment (excluding sales or other taxes and the cost of freight, installation and any software, warranties or other intangible assets related thereto). (b) Each CapEx Loan shall be in a minimum principal amount of $3,000,000, and no more than five CapEx Loans may be outstanding at any time150,000. (c) The CapEx Loans shall be evidenced by a promissory note payable to the order of each the Lender, substantially in the form of Exhibit B (as amended, supplemented or otherwise modified from time to time, the "CapEx NotesNote"), executed by the Borrower Borrowers and delivered to each the Lender on the Closing Date. The CapEx Note payable to the order of a the Lender shall be in a the stated maximum principal amount equal to such Lender's Pro Rata Share of $15,000,0001,500,000. (d) The principal amount of each CapEx Loan shall be payable in equal and consecutive monthly installments each in an amount equal to 1.67% of the amount of such CapEx Loan on the first Business Day of each month commencing on the first Business Day following the first anniversary of the Closing Date or, if such CapEx Loan is made after the first anniversary of the Closing Date, on the first Business Day of the month following the month in which such CapEx Loan is made, provided PROVIDED that the entire unpaid principal balance of each CapEx Loan shall be payable in full, with all interest accrued thereon, on the Expiration Date. Amounts repaid on account of a CapEx Loan may not be reborrowed as a CapEx Loan, provided that, (i) to the extent a repayment or prepayment, in whole or in part, of a CapEx Loan creates availability to borrow Revolving Credit Loans, such amounts may be reborrowed as Revolving Credit Loans; and (ii) to the extent any CapEx Loan is repaid or prepaid in full (and not in part), such amounts may be reborrowed as CapEx Loans to finance a different item of Equipmentreborrowed.