Common use of Cash Burn Clause in Contracts

Cash Burn. At all times when any amount is outstanding pursuant to the Initial Equipment Loan or the Second Equipment Loan, measured on a trailing three-months basis, a Cash Burn of not more than the amounts shown in the table immediately below for the corresponding monthly reporting period. Amounts required by this covenant for 2012 shall be reasonably set by Bank (and incorporated herein by an amendment hereto, which Borrower hereby agrees to promptly execute) based upon Borrowers’ 2012 budget, which shall be approved by Borrowers’ boards of directors, as applicable, and delivered to Bank no later than November 30, 2011. Jan-11 $ 7,611,829 Feb-11 $ 7,072,674 Mar-11 $ 7,293,392 Apr-11 $ 7,102,145 May-11 $ 7,358,123 Jun-11 $ 6,768,760 Jul-11 $ 6,752,993 Aug-11 $ 6,282,012 Sep-11 $ 5,703,002 Oct-11 $ 4,599,703 Nov-11 $ 4,272,005 Dec-11 $ 3,652,230

Cash Burn. At all times when any amount is outstanding pursuant to the Initial Equipment Loan or the Second Equipment Loan, measured on a trailing three-months basis, a Cash Burn of not more than the amounts shown in the table immediately below for the corresponding monthly reporting period. Amounts required by this covenant for 2012 2011 shall be reasonably set by Bank (and incorporated herein by an amendment hereto, which Borrower hereby agrees to promptly execute) based upon Borrowers’ 2012 2011 budget, which shall be approved by Borrowers’ boards of directors, as applicable, and delivered to Bank no later than November 30, 20112010. Jan-11 Mar-10 $ 7,611,829 Feb-11 6,152,021 Apr-10 $ 7,072,674 Mar-11 5,472,801 May-10 $ 7,293,392 Apr-11 4,786,896 Jun-10 $ 7,102,145 May-11 4,824,807 Jul-10 $ 7,358,123 Jun-11 5,052,808 Aug-10 $ 6,768,760 Jul-11 5,972,531 Sep-10 $ 6,752,993 Aug-11 5,499,620 Oct-10 $ 6,282,012 Sep-11 4,796,006 Nov-10 $ 5,703,002 Oct-11 3,548,868 Dec-10 $ 4,599,703 Nov-11 $ 4,272,005 Dec-11 $ 3,652,2303,128,374