Credit Facility A Clause Samples

Credit Facility A. Subject to the terms, conditions and limitations hereof, including, without limitation, Section 4.1. hereof, and provided that no Event of Default has occurred hereunder, Lender agrees to lend (and upon repayment relend) money to Debtor in such amounts as Debtor from time to time requests, up to the maximum amount of Ten Million Dollars ($10,000,000.00). Advances by Lender hereunder shall be made by transfer to Debtor’s commercial demand account number ▇▇▇▇-▇▇▇-▇▇, maintained with First Business Bank. Loans so made shall be evidenced by Debtor’s Note A, and, in addition, Lender shall maintain a loan account ledger for Debtor, the debit balance of which shall reflect the amount of Debtor’s indebtedness to Lender from time to time by reason of any loans, advances or financial accommodations made in conformance with this Credit Facility A. Each month Lender shall render to Debtor a statement of account as of the last day of the preceding month, which statement shall be considered correct and accepted by Debtor and conclusively binding upon Debtor unless Debtor notifies Lender to the contrary within thirty (30) days from the date of mailing of said statement. Debtor promises to pay to Lender interest in accordance with Section 2.3 hereof and to pay all outstanding principal and accrued but unpaid interest under Note A in full on the date of the termination of this Agreement.

Credit Facility A. Subject to the terms and conditions of this Agreement, Lender agrees to make available to PowerSecure the Credit Facility A, provided that Advances may only be made under the Credit Facility A until the Maturity Date, and any Advances made thereunder shall not exceed an aggregate amount outstanding at any time equal to the lesser of (i) the Facility A Borrowing Base or (ii) the Facility A Total Draw Commitment. The indebtedness outstanding under the Credit Facility A shall be evidenced by a promissory note in the form of Exhibit B attached hereto ("Facility A Note"). Notwithstanding anything to the contrary in this Agreement, Lender shall not be required and shall have no obligation to make any such Advance (y) so long as any Default or an Event of Default has occurred and is continuing, or (z) if Lender has accelerated the maturity of any of the Notes as a result of an Event of Default.

Credit Facility A. Subject to the terms and conditions hereof, the Bank agrees to extend to the Borrower the Credit Facility and make a loan thereunder in one Advance in the aggregate amount of DM 21,600,000. The principal amount of borrowings under the Credit Facility shall be repaid as follows: (i) principal payments of DM 1,080,000.00 shall be due quarterly on January 1, April 1, July 1 and October 1 of each year beginning October 1, 1999; and (ii) the remaining outstanding principal balance together with all accrued interest of borrowings under Credit Facility, if not paid earlier, shall be due on July 1, 2004 ("Credit Facility Maturity").

Credit Facility A. Pursuant to the Prior Loan Agreement, FUNB has extended to the Borrower a credit facility referred to under the Prior Loan Agreement as Credit Facility A. There is presently outstanding under Credit Facility A the principal sum of Twenty-Two Million Dollars ($22,000,000.00), and accrued interest thereon of $75,625.00 through July 16, 1997 and if such date is prior to the Closing, the sum of $5,041.67 per each day thereafter through the date of Closing. That loan remains outstanding and shall be governed hereafter by the terms of this Agreement, and shall continue to be referred to as Credit Facility A. The principal amount of borrowings under Credit Facility A shall be repaid as follows: (i) principal payments of $2,200,000.00 shall be due on April 1 and October 1 of each year beginning October 1, 1997; and

Credit Facility A. Notwithstanding any contrary provisions in Note A, ----------------- Note A shall be non-interest bearing from the date hereof until January 1, 2005, as set forth in Restated Note A, a copy of which is annexed hereto as Exhibit A Star has executed and delivered to Lender Restated Note A in lieu of Note A and all references to Note A in the restated Loan Agreement refer to Restated Note A.

Credit Facility A. Sub Section (b) is amended to read as follows: