Common use of Capital Expenditure Loan Clause in Contracts

Capital Expenditure Loan. Subject to the terms and conditions of this Agreement and the Other Agreements, absent the existence of an Event of Default upon request by Borrower, LaSalle shall make one or more Capital Expenditure Advances to Borrower for the acquisition of Eligible Capital Expenditures in the maximum aggregate principal amount outstanding at any one time of Five Hundred Thousand Dollars ($500,000.00) ("Capital Expenditure Loan"). Principal payable on account of the Capital Expenditure Loan shall be payable in accordance with the terms of the Capital Expenditure Loan Note. Notwithstanding anything hereinabove to the contrary, the entire unpaid principal balance of the Capital Expenditure Loan, and any accrued and unpaid interest thereon, shall be immediately due and payable upon the earlier to occur of (i) the last day of the Original Term or the last day of any Renewal Term, if either LaSalle or Borrower elects to terminate this Agreement as of the end of the Original or any Renewal Term, or (ii) the acceleration of the Obligations pursuant to paragraph 17 of this Agreement. Capital Expenditure Advances shall be made between the Closing Date and the date occurring six (6) months after the Closing Date, for the acquisition of Eligible Capital Expenditures. Capital Expenditure Advances shall be provided to Borrower upon the receipt by LaSalle of a written request for such advance together with invoices to evidence the cost of the capital asset for which the advance is being requested, and such other information as LaSalle may request. Each Capital Expenditure Advance shall be in a minimum amount of One Hundred Fifty Thousand Dollars ($150,000.00). LaSalle shall have no obligation to advance to Borrower more than eighty percent (80%) of the net invoice cost (less the value of all rebates, trade-ins, taxes, labor and shipping and installation charges) of any Eligible Capital Expenditure.

Capital Expenditure Loan. Subject Borrower has requested that LaSalle extend to Borrower a line of credit for the acquisition of Capital Expenditures. In the event that LaSalle in its sole discretion agrees to extend such financing to Borrower, then Borrower shall execute and deliver to LaSalle a promissory note in the form of the Capital Expenditure Loan Note attached hereto as Exhibit B ("Capital Expenditure Loan Note"), and subject to the terms and conditions of this Agreement and the Other Agreements, during the period set forth below, absent the continuing existence of an Event of Default upon request by BorrowerDefault, LaSalle shall thereafter make one or more Capital Expenditure Advances advances to Borrower for the acquisition of Eligible Capital Expenditures in the maximum aggregate principal amount outstanding at any one time of Five Hundred Thousand up to Three Million Dollars ($500,000.003,000,000.00) ("Capital Expenditure Loan")) upon the request of Borrower, for the acquisition of Eligible Capital Expenditures. Principal payable on account of the Capital Expenditure Loan shall be payable in accordance with the terms of the Capital Expenditure Loan Note. Notwithstanding anything hereinabove herein above to the contrary, the entire unpaid principal balance of the Capital Expenditure Loan, and any accrued and unpaid interest thereon, shall be immediately due and payable upon the earlier to occur of (i) the last day of the Original Term or the last day of any Renewal Term, if either LaSalle or Borrower elects to terminate this Agreement as of the end of the Original or any Renewal Term, or (ii) the acceleration of the Obligations pursuant to paragraph 17 18 of this Agreement. If LaSalle agrees to extend the Capital Expenditure Advances Loan to Borrower, then advances under the Capital Expenditure Loan shall be made between during the Closing Date and the date occurring six (6) months after the Closing DateOriginal Term, for the acquisition of Eligible Capital Expenditures. Capital Expenditure Advances shall be provided to Borrower upon , the receipt by LaSalle of a written request for such advance together with invoices to evidence the cost of the capital asset for which the advance is being requested, and such other information as LaSalle may request. Each Capital Expenditure Advance shall be in a minimum amount of One Hundred Fifty Thousand Dollars ($150,000.00). LaSalle shall have no obligation to advance to Borrower more than eighty percent (80%) of the net invoice cost (less the value of all rebates, trade-ins, taxes, labor labor, and shipping and installation charges) of any Eligible Capital Expenditure.

Capital Expenditure Loan. (a) Subject to the terms and conditions hereof, each Lender agrees to make available from time to time, until December 31, 1999, in connection with the financing of Capital Expenditures constituting the acquisition cost of Equipment, its Pro Rata Share of advances (each, a "Capital Expenditure Advance") under the Capital Expenditure Loan. The aggregate Capital Expenditure Advances incurred during the term of this Agreement and the Other Agreements, absent the existence of an Event of Default upon request by Borrower, LaSalle shall make one or more Capital Expenditure Advances to Borrower for the acquisition of Eligible Capital Expenditures in the maximum aggregate principal amount outstanding at any one time of Five Hundred Thousand Dollars ($500,000.00) ("Capital Expenditure Loan"). Principal payable on account of not exceed the Capital Expenditure Loan Commitment. In addition, each Capital Expenditure Advance shall be payable in accordance with not exceed the terms lesser of (x) the Maximum Capital Expenditure Advance Amount or (y) Capital Expenditure Loan Note. Notwithstanding anything hereinabove to the contrary, the entire unpaid principal balance of the Capital Expenditure Loan, and any accrued and unpaid interest thereon, shall be immediately due and payable upon the earlier to occur of (i) the last day of the Original Term or the last day of any Renewal Term, if either LaSalle or Borrower elects to terminate this Agreement Availability as of the end date of the Original or any Renewal Term, or (ii) the acceleration of the Obligations pursuant to paragraph 17 of this Agreement. such Capital Expenditure Advances Advance. Amounts from time to time borrowed under this Section 1.3(a) and repaid may not be reborrowed. Each Capital Expenditure Advance must be in a minimum amount of $500,000 and integral multiples of $500,000 in excess of such amount. Subject to the additional advance notice requirements set forth in Section 2.3, each Capital Expenditure Advance shall be made between on notice by Borrower to the Closing Date individual responsible for Borrower as identified on Annex E at the address specified thereon, given no later than (1) 11:30 a.m. (Chicago time) on the Business Day of the proposed Capital Expenditure Advance, in the case of an Index Rate Loan and (2) 11:30 a.m. (Chicago time) on the date occurring six (6) months after which is two Business Days prior to the Closing Date, for the acquisition of Eligible Capital Expenditures. proposed Capital Expenditure Advances Advance, in the case of a LIBOR Loan. Each such notice (a "Notice of Capital Expenditure Advance") shall be provided to Borrower upon substantially in the receipt by LaSalle form of a written request for Exhibit E, specifying therein the requested date, the amount of such advance together with invoices to evidence the cost of the capital asset for which the advance is being requestedCapital Expenditure Advance, and such other information as LaSalle may requestbe required by Agent and shall be given in writing (by telecopy, telex or cable) or by telephone confirmed immediately in writing. Each If Borrower desires to have the Capital Expenditure Advance bear interest by reference to a LIBOR Rate, it must comply with Section 1.9(f). Agent shall be entitled to rely upon, and shall be fully protected under this Agreement in relying upon, any Notice of Capital Expenditure Advance believed by Agent to be genuine and to assume that each Person executing and delivering the same was duly authorized unless the responsible individual, or a minimum designee thereof, acting thereon for Agent shall have, at the time of reliance thereon, actual knowledge to the contrary. (b) Borrower shall execute and deliver to each Lender a note to evidence the Capital Expenditure Loan, such note to be in the maximum principal amount of One Hundred Fifty Thousand Dollars the Capital Expenditure Loan Commitment of such Lender, dated the Closing Date and substantially in the form of Exhibit G ($150,000.00each, as executed and as it may be amended, restated, supplemented or otherwise modified from time to time, a "Capital Expenditure Loan Note" and, collectively, the "Capital Expenditure Loan Notes"). LaSalle The Capital Expenditure Loan Notes shall have no represent the obligation of Borrower to advance pay the amount of the Capital Expenditure Loan Commitment or, if less, the aggregate unpaid principal amount of the Capital Expenditure Loan made by Lenders to Borrower more than eighty percent (80%) of the net invoice cost (less the value of and all rebates, trade-ins, taxes, labor and shipping and installation charges) of any Eligible Capital Expenditureother Obligations with interest thereon as prescribed in Section 1.

Capital Expenditure Loan. (a) Subject to the terms and conditions hereof, each Lender agrees to make available from time to time, until the Commitment Termination Date, in connection with the financing of Capital Expenditures constituting the acquisition cost of Equipment, its Pro Rata Share of advances (each, a "Capital Expenditure Advance"). The aggregate Capital Expenditure Advances incurred during the term of this Agreement shall not exceed the Capital Expenditure Loan Commitment (Three Million Dollars ($3,000,000)). In addition, each Capital Expenditure Advance shall not exceed the lesser of (x) the Maximum Capital Expenditure Advance Amount or (y) Capital Expenditure Loan Availability as of the date of such Capital Expenditure Advance. Amounts from time to time borrowed under this Section 1.3(a) and repaid may not be reborrowed. Each Capital Expenditure Advance must be in a minimum amount of $500,000 and integral multiples of $500,000 in excess of such amount. Subject to the Other Agreementsadditional advance notice requirements set forth in Section 2.3, absent each Capital Expenditure Advance shall be made on notice by Borrower to the existence individual responsible for Borrower as identified on Annex E at the address specified thereon, given no later than (1) 11:30 a.m. (Chicago time) on the Business Day of the proposed Capital Expenditure Advance, in the case of an Event of Default upon request by Borrower, LaSalle shall make one or more Index Rate Loan and (2) 11:30 a.m. (Chicago time) on the date which is two Business Days prior to the proposed Capital Expenditure Advances Advance, in the case of a LIBOR Loan. Each such notice (a "Notice of Capital Expenditure Advance") shall be substantially in the form of Exhibit E, specifying therein the requested date, the amount of such Capital Expenditure Advance, and such other information as may be required by Agent and shall be given in writing (by telecopy, telex or cable) or by telephone confirmed immediately in writing. If Borrower desires to have the Capital Expenditure Advance bear interest by reference to a LIBOR Rate, it must comply with Section 1.8(f). Agent shall be entitled to rely upon, and shall be fully protected under this Agreement in relying upon, any Notice of Capital Expenditure Advance believed by Agent to be genuine and to assume that each Person executing and delivering the same was duly authorized unless the responsible individual, or a designee thereof, acting thereon for Agent shall have, at the time of reliance thereon, actual knowledge to the contrary. (b) Borrower for shall execute and deliver to each Lender a note to evidence the acquisition of Eligible Capital Expenditures Expenditure Loan, such note to be in the maximum aggregate principal amount outstanding at any one of the Capital Expenditure Loan Commitment of such Lender, dated the Closing Date and substantially in the form of Exhibit G (each, as executed and as it may be amended, restated, supplemented or otherwise modified from time of Five Hundred Thousand Dollars ($500,000.00) (to time, a "Capital Expenditure LoanLoan Note" and, collectively, the "Capital Expenditure Loan Notes"). Principal payable The Capital Expenditure Loan Notes shall represent the obligation of Borrower to pay the amount of the Capital Expenditure Loan Commitment or, if less, the aggregate unpaid principal amount of the Capital Expenditure Loan made by Lenders to Borrower and all other Obligations with interest thereon as prescribed in Section 1.8. Borrower shall pay the principal amount of each Capital Expenditure Advance in equal installments on account twelve (12) consecutive Payment Dates, commencing with the first Payment Date to occur after the making of such Capital Expenditure Advance. The date and amount of each Capital Expenditure Advance and each payment of principal with respect thereto shall be recorded on the books and records of Agent, which books and records shall constitute prima facie evidence of the accuracy of the information therein recorded. Notwithstanding the foregoing, the entire unpaid balance of the Capital Expenditure Loan shall be payable in accordance with the terms of the Capital Expenditure Loan Note. Notwithstanding anything hereinabove to the contrary, the entire unpaid principal balance of the Capital Expenditure Loan, and any accrued and unpaid interest thereon, shall be immediately due and payable upon on the earlier to occur of (i) the last day of the Original Term or the last day of any Renewal TermCommitment Termination Date, if either LaSalle or Borrower elects to terminate this Agreement as of the end of the Original or any Renewal Term, or (ii) the acceleration of the Obligations pursuant to paragraph 17 of this Agreement. Capital Expenditure Advances shall be made between the Closing Date and the date occurring six (6) months after the Closing Date, for the acquisition of Eligible Capital Expenditures. Capital Expenditure Advances shall be provided to Borrower upon the receipt by LaSalle of a written request for such advance together with invoices to evidence the cost of the capital asset for which the advance is being requested, and such other information as LaSalle may request. Each Capital Expenditure Advance shall be not sooner paid in a minimum amount of One Hundred Fifty Thousand Dollars ($150,000.00). LaSalle shall have no obligation to advance to Borrower more than eighty percent (80%) of the net invoice cost (less the value of all rebates, trade-ins, taxes, labor and shipping and installation charges) of any Eligible Capital Expenditurefull.