Common use of Credit Extensions Clause in Contracts

Credit Extensions. (a) Borrowers jointly and severally promise to pay to the order of Lender, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder by Lender to each Borrower. Borrowers shall also pay interest on the unpaid principal amount of such Credit Extensions at rates in accordance with the terms hereof. (b) Subject to and upon the terms and conditions of this Agreement, Borrowers may request Credit Extensions in an aggregate principal amount not to exceed Twenty-Five Million Dollars ($25,000,000). Borrowers may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment of the interest accrued and unpaid with respect to such prepaid principal. (c) Borrowers may request a Credit Extension at any time during the Availability Period provided that each Borrower has met the Borrowing Criteria. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (g) Whenever Borrowers desire a Credit Extension, Borrowers will deliver to Lender an irrevocable written notice signed by a Responsible Officer specifying the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice"). Each such Borrowing Notice shall be in substantially the form of Exhibit B hereto. Lender is authorized to honor a Credit Extension request under this Agreement, based upon instructions received from a Responsible Officer. Borrowers shall indemnify and hold Lender harmless for any damages or loss suffered by Lender as a result of such reliance. Lender will wire the Credit Extension to the Borrowers' account in accordance with the wiring instructions provided by the Borrowers within five (5) Business Days of Borrowers' satisfaction of the conditions precedent set forth in Sections 3.1 and/or 3.2.

Credit Extensions. (a) Borrowers jointly Subject to and severally promise upon the terms and conditions hereof, Borrower promises to pay to the order of LenderBank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder made by Lender Bank to each BorrowerBorrower hereunder. Borrowers Borrower shall also pay interest on the unpaid principal amount of such Credit Extensions at rates in accordance with the terms hereofthereof. (ba) Subject to and upon the terms and conditions of this Agreement, Borrowers may request Credit Extensions Bank agrees to make Advances to Borrower in an aggregate principal outstanding amount not to exceed Twenty-Five Million Dollars ($25,000,000i) the Committed Revolving Line or the Borrowing Base, whichever is less, minus (ii) the face amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit). Borrowers Subject to the terms and conditions of this Agreement, amounts borrowed pursuant to this Section 2.1 may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment of the interest accrued repaid and unpaid with respect to such prepaid principal. (c) Borrowers may request a Credit Extension reborrowed at any time during the Availability Period provided that each Borrower has met the Borrowing Criteriaterm of this Agreement. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (gb) Whenever Borrowers desire a Credit ExtensionBorrower desires an Advance, Borrowers Borrower will deliver to Lender an irrevocable written notice signed notify Bank by a Responsible Officer specifying facsimile transmission or telephone no later than 3:00 p.m. Eastern time, on the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying Business Date that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice")Advance is to be made. Each such Borrowing Notice notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit EXHIBIT B hereto. Lender Bank is authorized to honor a Credit Extension request make Advances under this Agreement, based upon instructions received from a Responsible OfficerOfficer or a designee of a Responsible Officer as designated in writing in accordance with the terms hereof, or without instructions if in Bank's discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Borrowers Bank shall be entitled to rely on any telephonic notice given by a person who Bank reasonable believes to be a Responsible Officer or a designee thereof as designated in writing in accordance with the terms hereof, and Borrower shall indemnify and hold Lender Bank harmless for any damages or loss suffered by Lender Bank as a result of such reliance. Lender Bank will wire credit the Credit Extension amount of Advances made under this Section 2.1 to Borrower's deposit account. (c) The Committed Revolving Line shall terminate on the Borrowers' account in accordance with the wiring instructions provided by the Borrowers within five Revolving Maturity Date, at which time all Advances under this Section 2.1 and other amounts due under this Agreement (5except as otherwise expressly specified herein) Business Days of Borrowers' satisfaction of the conditions precedent set forth in Sections 3.1 and/or 3.2shall be immediately due and payable.

Credit Extensions. (a) Borrowers jointly and severally promise Borrower promises to pay to the order of LenderBank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder made by Lender Bank to each BorrowerBorrower hereunder. Borrowers Borrower shall also pay interest on the unpaid principal amount of such Credit Extensions Advances at rates in accordance with the terms hereof. (ba) Subject to and upon the terms and conditions of this Agreement, Borrowers may request Credit Extensions Bank agrees to make Advances to Borrower in an aggregate principal outstanding amount not to exceed Twenty(i) the Committed Revolving Line or the then-Five Million Dollars current Borrowing Base, whichever is less, minus ($25,000,000)ii) the face amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit) and minus (iii) the Foreign Exchange Reserve. Borrowers Subject to the terms and conditions of this Agreement, amounts borrowed pursuant to this Section 2.1 may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment of the interest accrued repaid and unpaid with respect to such prepaid principal. (c) Borrowers may request a Credit Extension reborrowed at any time during the Availability Period provided that each Borrower has met the Borrowing Criteriaterm of this Agreement. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (gb) Whenever Borrowers desire a Credit ExtensionBorrower desires an Advance, Borrowers Borrower will deliver to Lender an irrevocable written notice signed notify Bank by a Responsible Officer specifying facsimile transmission or telephone no later than 3:00 p.m. Pacific time, on the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying Business Day that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice")Advance is to be made. Each such Borrowing Notice notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit B hereto. Lender Bank is authorized to honor a Credit Extension request make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank's discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Borrowers Bank shall be entitled to rely on any telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Lender Bank harmless for any damages or loss suffered by Lender Bank as a result of such reliance. Lender Bank will wire credit the Credit Extension amount of Advances made under this Section 2.1 to Borrower's deposit account or another account as designated by Borrower in the Borrowers' account in accordance with relevant Payment/Advance Form. (c) The Committed Revolving Line shall terminate on the wiring instructions provided by the Borrowers within five Maturity Date, at which time all Advances under this Section 2.1 and other amounts due under this Agreement (5except as otherwise expressly specified herein) Business Days of Borrowers' satisfaction of the conditions precedent set forth in Sections 3.1 and/or 3.2shall be immediately due and payable.

Credit Extensions. (a) Borrowers jointly and severally promise Borrower promises to pay to the order of LenderBank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder made by Lender Bank to each BorrowerBorrower hereunder. Borrowers shall Borrower also promises to pay interest on the unpaid principal amount of such Credit Extensions Advances at rates in accordance with the terms hereof. (ba) Subject to and upon the terms and conditions of this Agreement, Borrowers may request Credit Extensions Bank agrees to make Advances to Borrower in an aggregate principal outstanding amount not to exceed Twenty-Five Million Dollars ($25,000,000). Borrowers may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment i) the lesser of the interest accrued Committed Revolving Line and unpaid with respect the Borrowing Base minus (ii) the amount advanced pursuant to such prepaid principal. (c) Borrowers Section 2.1.2 hereof. Subject to the terms and conditions of this Agreement, amounts borrowed pursuant to this Section 2.1 may request a Credit Extension be repaid and reborrowed at any time during the Availability Period provided that each Borrower has met the Borrowing Criteriaterm of this Agreement. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (gb) Whenever Borrowers desire a Credit ExtensionBorrower desires an Advance, Borrowers Borrower will deliver to Lender an irrevocable written notice signed notify Bank by a Responsible Officer specifying facsimile transmission or telephone no later than 5:00 p.m. Central time, on the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying Business Day that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice")Advance is to be made. Each such Borrowing Notice notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit B hereto. Lender Bank is authorized to honor a Credit Extension request make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank's discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Borrowers BANK SHALL BE ENTITLED TO RELY ON ANY TELEPHONIC REQUEST FOR AN ADVANCE FROM ANY PERSON WHO BANK REASONABLY BELIEVES TO BE A RESPONSIBLE OFFICER OR A DESIGNEE THEREOF, AND BORROWER SHALL INDEMNIFY AND HOLD BANK HARMLESS FOR ANY DAMAGES OR LOSS SUFFERED BY BANK AS A RESULT OF SUCH RELIANCE. Bank will credit the amount of Advances made under this Section 2.1 to Borrower's deposit account. (c) The Committed Revolving Line shall indemnify terminate on the Revolving Maturity Date, at which time all Advances under this Section 2.1 and hold Lender harmless for any damages or loss suffered by Lender other amounts due under this Agreement (except as a result of such reliance. Lender will wire the Credit Extension to the Borrowers' account in accordance with the wiring instructions provided by the Borrowers within five (5otherwise expressly specified herein) Business Days of Borrowers' satisfaction of the conditions precedent set forth in Sections 3.1 and/or 3.2shall be immediately due and payable.

Credit Extensions. (a) Borrowers jointly and severally promise to ----------------- pay to the order of LenderBank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder made by Lender Bank to each Borrowerany Borrower hereunder. Borrowers shall also pay interest on the unpaid principal amount of such Credit Extensions Advances at rates in accordance with the terms hereof. (ba) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Advances to Borrowers may request Credit Extensions in an aggregate principal outstanding amount not to exceed Twenty-Five Million Dollars ($25,000,000i) the Committed Revolving Line or the Borrowing Base, whichever is less, minus (ii) the face amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit). Borrowers Subject to the terms and conditions of this Agreement, amounts borrowed pursuant to this Section 2.1 may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment of the interest accrued repaid and unpaid with respect to such prepaid principal. (c) Borrowers may request a Credit Extension reborrowed at any time during the Availability Period provided that each Borrower has met the Borrowing Criteriaterm of this Agreement. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (gb) Whenever the Borrowers desire a Credit Extensionan Advance, the Borrowers will deliver to Lender an irrevocable written notice signed notify Bank by a Responsible Officer specifying facsimile transmission or telephone no later than noon Atlanta, Georgia time, on the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying Business Day that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice")Advance is to be made. Each such Borrowing Notice notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit B hereto. Lender Bank is authorized to honor a Credit Extension request make Advances --------- under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank's discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Borrowers Bank shall be entitled to rely on any telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and each Borrower shall jointly and severally indemnify and hold Lender Bank harmless for any damages or loss suffered by Lender Bank as a result of such reliance. Lender will wire . (c) The Committed Revolving Line shall terminate on the Credit Extension Revolving Maturity Date, at which time all Advances under this Section 2.1 and other amounts due under this Agreement (except as otherwise expressly specified herein) shall be immediately due and payable. (d) The proceeds of the Advances shall be used to finance the working capital and general corporate needs of the Borrowers' account in accordance with . In no event shall the wiring instructions provided proceeds of any Advance be invested, loaned or otherwise advanced or transferred by any Borrower to SQL Europe or any Subsidiary created or acquired by any Borrower after the Borrowers within five (5) Business Days of Borrowers' satisfaction date hereof without the prior written consent of the conditions precedent set forth in Sections 3.1 and/or 3.2Bank.

Credit Extensions. (a) Borrowers jointly and severally promise Borrower promises to pay to the order of LenderBank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Credit Extensions and other Obligations extended hereunder made by Lender Bank to each BorrowerBorrower hereunder. Borrowers shall Borrower also promises to pay interest on the unpaid principal amount of such Credit Extensions Advances at rates in accordance with the terms hereof. (ba) Subject to and upon the terms and conditions of this Agreement, Borrowers may request Credit Extensions Bank agrees to make Advances to Borrower in an aggregate principal outstanding amount not to exceed Twenty-Five Million Dollars ($25,000,000)i) the Committed Revolving Line or the Borrowing Base, whichever is less, minus (ii) the face amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit) and any Letter of Credit Reserve. Borrowers Subject to the terms and conditions of this Agreement, amounts borrowed pursuant to this Section 2.1 may prepay all or any part of a Credit Extension without penalty or premium. Any principal prepayment shall be accompanied by payment of the interest accrued repaid and unpaid with respect to such prepaid principal. (c) Borrowers may request a Credit Extension reborrowed at any time during the Availability Period provided that each Borrower has met the Borrowing Criteriaterm of this Agreement. (d) Each Credit Extension shall be in the amount of Five Million ($5,000,000). (e) Each Credit Extension shall be used solely for payment of operating expenses, trade debt and other debt all of which are incurred in the ordinary course of Borrowers' business and in payment of reasonable attorneys' fees and costs incurred by the Company in connection with the Merger and for payment of those expenses set forth in Section 7.11 of the Schedule. (f) Each Credit Extension shall be evidenced by a promissory note in the form attached hereto as Exhibit D (the "Note"). (gb) Whenever Borrowers desire a Credit ExtensionBorrower desires an Advance, Borrowers Borrower will deliver to Lender an irrevocable written notice signed notify Bank by a Responsible Officer specifying facsimile transmission or telephone no later than 3:00 p.m. Pacific time, on the amount of the requested Credit Extension, providing instructions for the wire transfer of such funds and certifying Business Day that the Borrowers have satisfied each of the Borrowing Criteria (the "Borrowing Notice")Advance is to be made. Each such Borrowing Notice notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit EXHIBIT B hereto. Lender Bank is authorized to honor a Credit Extension request make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank's discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Borrowers Bank shall be entitled to rely on any telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Lender Bank harmless for any damages or loss suffered by Lender Bank as a result of such reliance. Lender Bank will wire credit the Credit Extension amount of Advances made under this Section 2.1 to Borrower's deposit account. (c) The Committed Revolving Line shall terminate on the Borrowers' account in accordance with Revolving Maturity Date, at which time all Advances under this Section 2.1 and other amounts due under this Agreement (except as otherwise expressly specified herein) shall be immediately due and payable. Notwithstanding the wiring instructions provided by foregoing, Bank's commitment to make any Overadvance shall terminate on the Borrowers within five (5) Business Days of Borrowers' satisfaction of the conditions precedent set forth in Sections 3.1 and/or 3.2Overadvance Maturity Date at which time all outstanding Overadvance principal plus all accrued interest not yet paid shall be immediately due and payable.