Common use of Equipment Advances Clause in Contracts

Equipment Advances. (a) Through February 15, 1999 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance Equipment and may not exceed 100% of the equipment invoice excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software may constitute up to 100% of the aggregate Equipment Advances. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a) and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th of each month following the Equipment Availability End Date and ending on February 15, 2002 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15June 7, 1999 2000 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance Equipment purchased on or after 90 days before the date of this Agreement and may not exceed 100% of the equipment invoice excluding taxes, shipping, warranty charges, freight discounts and discounts, installation expense, and other soft costs. Software may constitute up to 100% Each Equipment Advance must be for a minimum of the aggregate Equipment Advances$50,000. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a) and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th 7th day of each month following the Equipment Availability End Date and ending on February 15June 7, 2002 2003 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. Borrower may prepay any Credit Extension, in whole or in part, without penalty or premium. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15June 30, 1999 2001 (the "Equipment Availability End Date"), Bank will shall make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance purchase or refinance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such equipment) of the requested Equipment Advance, and no Equipment Advances may not exceed 100% of the equipment invoice for the Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software may constitute up to 100% Each Equipment Advance must be for a minimum of the aggregate Twenty Five Thousand Dollars ($25,000.00). There shall be a maximum of six (6) Equipment AdvancesAdvances hereunder. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a) and is payable monthly until the Equipment Availability End Date occursmonthly. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th Payment Date of each month following the Equipment Availability End Date and ending on February 15, 2002 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower Agent must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific Eastern time 1 one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15June 23, 1999 2000 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance Equipment purchased on or after 90 days before the respective Equipment Advance and may not exceed 100% of the equipment invoice excluding invoice. Software licenses, leasehold improvements and other soft costs (consisting of taxes, shipping, warranty charges, freight discounts and installation expense. Software ) may constitute up to 10050% of the aggregate Equipment Advances. Each Equipment Advance must be for a minimum of $25,000. In addition, the initial Equipment Advance may be used to purchase Equipment purchased on or after January 1, 1999. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a) and is payable monthly until the Equipment Availability End Date occurs. . (c) Equipment Advances outstanding on December 23, 1999 are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on January 23, 2000 and ending on December 23, 2002. (d) Equipment Advances made after December 23, 1999 and outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th 23rd of each month following the Equipment Availability End Date and ending on February 15June 23, 2002 2003 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. (ce) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15September 29, 1999 1998 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance Equipment Equipment, furniture and tenant improvements purchased on or after 90 days before the date of this Agreement and may not exceed one hundred percent (100% %) of the equipment invoice excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software or used equipment costs may constitute up to 10025% of the aggregate Equipment Advances. Each Equipment Advance must be for a minimum of $50,000. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a22() and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date March 29, 1998, are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on April 29, 1998 and all subsequent payments of principal plus interest are due on the 15th same day of each month after that. Additionally, Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal plus accrued interest, beginning on the twenty-ninth (29th) day of the month following the Equipment Availability End Date and ending Date. The final payment for all Equipment Advances will be due on February 15September 29, 2002 2001 (the "Equipment Loan Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15December 8, 1999 2002 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance or refinance Eligible Equipment purchased on or after 90 days before the date of each Equipment Advance and may not exceed 100% of the equipment invoice. Equipment Advances used to finance or refinance used Eligible Equipment (i) purchased 90 days before the date of each Equipment Advance may not exceed 75% of the equipment invoice excluding taxesand (ii) purchased more than 6 months before the date of each Equipment Advance, shipping, warranty charges, freight discounts and installation expensebut not more than 12 months may not exceed 50% of the equipment invoice. Software All invoices for used Eligible Equipment must be funded with the initial Equipment Advance. Other Equipment may constitute up to 100consist of 25% of the aggregate Equipment Advances. The number of Equipment Advances is limited to 6. (b) Interest accrues from the date of each Each Equipment Advance at the rate in Section 2.2(a) shall amortize immediately and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are be payable in 36 equal monthly installments payments of principal, principal plus accrued interest, interest beginning on the 15th first day of the month following each Equipment Advance and continuing on the first day of each month following thereafter. The final payment due on the Equipment Availability End Date and ending on February 15, 2002 (the "applicable Equipment Maturity Date")Date shall include all outstanding principal plus all accrued unpaid interest. Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 12:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) 2. The Committed Equipment Line terminates on following is hereby incorporated into the Equipment Maturity Date, when all Obligations under this Loan Agreement have been satisfied in full.to read as follows:

Equipment Advances. (a) Through February 15October 29, 1999 2005 (the "“Equipment Availability End Date"”), Bank will make advances ("“Equipment Advance" ” and, collectively, "“Equipment Advances"”) not exceeding the Committed Equipment Line$750,000. The Equipment Advances may only be used to finance or refinance Equipment purchased on or after 90 days before the date of each Equipment Advance and may not exceed 100% of the equipment invoice excluding taxesamount. Not more than 25% of each Equipment Advance may be for software licenses (which shall all be transferable), shipping, warranty chargesleasehold improvements or other “soft” costs (including without limitation sales tax, freight discounts and installation expenseexpenses). Software may constitute up Each Equipment Advance must be for a minimum of $50,000. Equipment Advances shall be limited to 100% one per calendar quarter. Equipment financed with Equipment Advances shall not be subject to any Liens in favor of any other Person (including without limitation Liens which would fall within the aggregate Equipment Advancesdefinition of ‘Permitted Liens’). (b) Interest accrues from the date of each Equipment Advance at a rate equal to the rate Prime Rate in Section 2.2(a) and is payable monthly until effect from time to time, plus 3.0% per annum, fixed, based on the Prime Rate in effect on the date of the Equipment Availability End Date occurs. Advance. (c) Each Equipment Advances outstanding Advance shall be repaid in 24 equal monthly payments of principal and interest, commencing on the Equipment Availability End Date are payable in 36 equal monthly installments first day of principal, plus accrued interest, beginning on the 15th of each first month following the date the Equipment Availability End Date Advance is made, and ending continuing on February 15, 2002 the first day of each succeeding month. (the "Equipment Maturity Date"). d) Equipment Advances when repaid may not be reborrowed. (ce) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 12:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B D (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15September 30, 1999 2004 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance Equipment purchased on the date of each Equipment Advance and may not exceed one hundred percent (100% %) of the equipment invoice invoice, excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software may constitute up to 100% twenty five percent (25%) of the aggregate Equipment Advances. Each Equipment Advance must be for a minimum of Fifty Thousand Dollars ($50,000). The number of Equipment Advances is limited to six (6). (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a2.3 (a) and is payable monthly until the Equipment Availability End Date occursmonthly. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 thirty (30) equal monthly installments of principal, plus accrued interest, beginning on the 15th first (1st) day of each month following the Equipment Availability End Date commencing on October 1, 2004 and ending on February 15April 1, 2002 2007 (the "Equipment Maturity Date"). All Equipment Advances shall be evidenced by the Equipment Term Note to be executed and delivered by Borrower to Bank on the Closing. Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific Eastern time 1 one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15April 20, 1999 2000 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance or refinance Equipment and may not exceed 100% of the equipment invoice excluding invoice. Softcosts (consisting of taxes, shipping, warranty charges, freight discounts and installation expense. Software ) may constitute up to 10020% of the aggregate Equipment Advances. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a) and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th 20th of each month following the Equipment Availability End Date and ending on February 15April 20, 2002 2003 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15December 31, 1999 2001 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance or refinance Equipment purchased on or after 90 days before the date of each Equipment Advance (except for the initial Equipment Advance which shall allow for Eligible Equipment purchased on or after 120 days and can be financed at cost) and may not exceed 100% of the equipment invoice excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software licenses, leasehold improvements, and other soft costs may constitute up to 100% $500,000, furniture up to $200,000, of the aggregate Equipment Advances. Each Equipment Advance must be for a minimum of $50,000. The number of Equipment Advances is limited to once per month. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a2.3(a) and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th last day of each month following the Equipment Availability End Date and ending on February 15December 31, 2002 2004 (the "Equipment Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 12:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15August 18, 1999 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance or refinance Equipment purchased on or after 90 days before the date of this Agreement and may not exceed 100% of the new equipment invoice excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software and used Equipment may constitute up to 10025% of the aggregate Equipment Advances. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a2.3(a) and is payable monthly until the Equipment Availability End Date occurs. Each Equipment Advances outstanding on the Equipment Availability End Date are Advance is payable in 36 24 equal monthly installments of principal, plus accrued interest, beginning on the 15th last day of each month following the Equipment Availability End Date Advance and ending on February 15, 2002 24th month following such Equipment Advance (the "Equipment Advance Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.

Equipment Advances. (a) Through February 15October 26, 1999 2000 (the "Equipment Availability End Date"), Bank will make advances ("Equipment Advance" and, collectively, "Equipment Advances") not exceeding the Committed Equipment Line. The Equipment Advances may only be used to finance purchase Equipment and may not exceed 100% of the equipment invoice for the equipment approved from time to time by Bank, excluding taxes, shipping, warranty charges, freight discounts and installation expense. Software may constitute up to 10020% of the aggregate an Equipment AdvancesAdvance. Each Equipment Advance must be for minimum of $50,000. (b) Interest accrues from the date of each Equipment Advance at the rate in Section 2.2(a2.3(a) and is payable monthly until the Equipment Availability End Date occurs. Equipment Advances outstanding on the Equipment Availability End Date are payable in 36 equal monthly installments of principal, plus accrued interest, beginning on the 15th first day of each month following the Equipment Availability End Date and ending on February 15October 1, 2002 2003 the (the "Equipment Loan Maturity Date"). Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Pacific time 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The Committed Equipment Line terminates on the Equipment Maturity Date, when all Obligations under this Agreement have been satisfied in full.