Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19, 2010, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 of which $4,292,566 is due on account of the March 2009 Note, $1,206,750 is due on account of the July 2009 Note and $6,678,805 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19September 30, 2010, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 14,458,000.00 of which $4,292,566 4,481,000.00 is due on account of the March 2009 Note, $1,206,750 1,275,000.00 is due on account of the July 2009 Note and $6,678,805 8,702,000.00 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19January 10, 2010, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 7,570,411 of which $4,292,566 4,597,733 is due on account of the March 2009 Note, $1,206,750 1,164,333 is due on account of the July 2009 Note and $6,678,805 1,808,345 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19February 17, 20102012, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 29,427,000 of which $4,292,566 4,849,000 is due on account of the March 2009 Note, $1,206,750 1,486,000 is due on account of the July 2009 Note and $6,678,805 23,092,000 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19March 31, 20102011, Company was indebted to Lender Investor without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 19,004,881.98 of which $4,292,566 4,529,000.00 is due on account of the March 2009 Note, $1,206,750 1,350,916.67 is due on account of the July 2009 Note and $6,678,805 13,124,965.31 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19September 28, 20102011, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 24,340,000 of which $4,292,566 4,641,000 is due on account of the March 2009 Note, $1,206,750 1,426,000 is due on account of the July 2009 Note and $6,678,805 18,273,000 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.

Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19October 12, 20102011, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 24,217,000 of which $4,292,566 4,661,000 is due on account of the March 2009 Note, $1,206,750 1,432,000 is due on account of the July 2009 Note and $6,678,805 18,524,000 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.