Common use of Equipment Loan Clause in Contracts

Equipment Loan. Bank shall make one or more additional extensions of credit to Equipment Loan Borrower under the Equipment Loan in an aggregate amount not to exceed the maximum principal amount of the Equipment Loan to finance capital equipment expenditures, subject to the following terms and conditions: (i) Subject to the satisfaction of the conditions precedent set forth in subsection (iii) below, Bank shall make advances of principal under the Equipment Loan (each, an “Equipment Loan Advance”) to Equipment Loan Borrower from time to time until that date which is three (3) years after the date hereof (the “Availability Period”); provided, however, that the principal amount of all outstanding Equipment Loan Advances shall not exceed the maximum principal amount of the Equipment Loan. The Equipment Loan shall be a revolving credit facility. Subject to all applicable provisions in this Agreement, each Term Note, and any and all other agreements between Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased in the preceding one hundred twenty (120) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and Ares); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance shall be evidenced by a separate term note (each, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed rate per annum equal to Bank’s three (3) year cost of funds as of the date of such Equipment Loan Advance plus three percent (3.00%) (the “Equipment Loan Rate”), (b) be repaid in monthly level payments of principal plus interest (calculated using (I) the Equipment Loan Rate, and (II) a three (3) year amortization schedule), and (c) mature on that date which is three (3) years after the date of the applicable Equipment Loan Advance memorialized thereby. (iii) Prior to the end of the Availability Period, Equipment Loan Borrower shall give Bank written notice (or telephonic notice promptly confirmed in writing) of each requested Equipment Loan Advance not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety percent (90%) of the cost of the Equipment Collateral financed thereby, as determined by Bank), as well as the proposed date of the closing of such Equipment Loan Advance. Upon the satisfaction of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect to the Equipment Collateral financed with the proceeds of such Equipment Loan Advance, in form and substance satisfactory to Bank; and (3) Equipment Loan Borrower shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) the Term Note evidencing such Equipment Loan Advance, (B) a modification, supplement and/or joinder to the Security Agreement executed and delivered by the applicable Equipment Loan Borrower granting a security interest to Bank in the Equipment Collateral financed thereby, (C) a modification, supplement and/or joinder to the Master Mortgagee Agreement (as defined in the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expense.

Equipment Loan. Bank shall make one or more additional extensions of credit to Equipment Loan Borrower under the Equipment Loan in an aggregate amount not to exceed the maximum principal amount of the Equipment Loan to finance capital equipment expenditures, subject to the following terms and conditions: (i) Subject to the satisfaction of the conditions precedent set forth in subsection (iii) below, Bank shall make advances of principal under the Equipment Loan (each, an “Equipment Loan Advance”) to Equipment Loan Borrower from time to time until that date which is three (3) years after the date hereof September 28, 2026 (the “Availability Period”); provided, however, that the principal amount of all outstanding Equipment Loan Advances shall not exceed the maximum principal amount of the Equipment Loan. The Equipment Loan shall be a revolving credit facility. Subject to all applicable provisions in this Agreement, each Term Note, and any and all other agreements between Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased in the preceding one hundred twenty (120) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and AresPNC); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance shall be evidenced by a separate term note (each, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed variable rate per annum equal to Bank’s three 2.75% above the greater of (3I) year cost of funds the Variable Loan Rate (as of defined in the date of such Equipment Loan Advance plus three percent applicable Term Note), or (3.00%II) 0.00% (collectively, the “Equipment Loan Rate”), (b) be repaid in monthly level payments of principal plus interest (calculated using (I) an amortization period equal to the term of such Equipment Loan Rate, Advance) plus accrued and (II) a three (3) year amortization schedule)unpaid interest, and (c) mature on that date which is three up to five (35) years after the date of the applicable Equipment Loan Advance memorialized thereby. (iii) Prior to the end of the Availability Period, Equipment Loan Borrower shall give Bank written notice (or telephonic notice promptly confirmed in writing) of each requested Equipment Loan Advance not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety one hundred percent (90100%) of the cost of the Equipment Collateral financed thereby, as determined by Bank), as well as the proposed date of the closing of such Equipment Loan Advance. Upon the satisfaction of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect to the Equipment Collateral financed with the proceeds of such Equipment Loan Advance, in form and substance satisfactory to Bank; and (3) Equipment Loan Borrower shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) the Term Note evidencing such Equipment Loan Advance, (B) a modification, supplement and/or joinder to the Security Agreement executed and delivered by the applicable Equipment Loan Borrower granting a security interest to Bank in the Equipment Collateral financed thereby, and (C) a modification, supplement and/or joinder to the Master Mortgagee Agreement (as defined in the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expense.

Equipment Loan. Subject to the terms and conditions hereof, the Bank shall agrees to make one or more additional extensions of credit equipment loans to Equipment Loan the Borrower under the Equipment Loan in an aggregate amount not to exceed the maximum principal amount of the Equipment Loan to finance capital equipment expenditures, subject to the following terms (a) Two Million Five Hundred Thousand and conditions: 00/100 Dollars (i) Subject to the satisfaction of the conditions precedent set forth in subsection (iii) below, Bank shall make advances of principal under the Equipment Loan (each, an “Equipment Loan Advance”) to Equipment Loan Borrower from time to time until that date which is three (3) years after the date hereof (the “Availability Period”); provided, however, that the principal amount of all outstanding Equipment Loan Advances shall not exceed the maximum principal amount of the Equipment Loan. The Equipment Loan shall be a revolving credit facility. Subject to all applicable provisions in this Agreement, each Term Note, and any and all other agreements between Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased in the preceding one hundred twenty (120) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and Ares); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance shall be evidenced by a separate term note (each, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”2,500,000.00) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed rate per annum equal to Bank’s three (3) year cost of funds as of the date of such Equipment Loan Advance plus three percent (3.00%) aggregate (the “Equipment Loan RateCommitment”), and the equipment loans made pursuant thereto being referred to herein as the “Equipment Loan”) and (b) be repaid in monthly level payments of principal plus interest with respect to each Equipment Loan (calculated using (I) other than the Equipment Loan Rateto be made on the date hereof to refinance indebtedness of the Borrower to RBS Asset Finance, and (II) a three (3) year amortization scheduleInc.), and (c) mature on that date which is three (3) years after the date 100% of the applicable Equipment Loan Advance memorialized thereby. (iii) Prior to the end of the Availability Period, Equipment Loan Borrower shall give Bank written notice (or telephonic notice promptly confirmed in writing) of each requested Equipment Loan Advance not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety percent (90%) of the cost purchase price of the Equipment Collateral financed thereby, as determined by Bank), as well as the proposed date of the closing of such Equipment Loan Advance. Upon the satisfaction of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect to the Equipment Collateral financed being purchased with the proceeds of such Equipment Loan Advanceas demonstrated by an invoice delivered to the Bank in accordance with Section 1.7, in form at such times as the Borrower may from time to time request during the period from and substance satisfactory including the date hereof to Bank; and (3) but not including the Equipment Loan Borrower Commitment Termination Date, at which time the commitment of the Bank to make Equipment Loans shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) expire. Any portion of the Term Note evidencing such Equipment Loan AdvanceCommitment not advanced on the Equipment Loan Commitment Termination Date shall thereupon expire. Principal amounts repaid on the Equipment Loans may not be borrowed again. The Equipment Loans shall be made against and evidenced by a single promissory note of the Borrower in the form (with appropriate insertions) attached hereto as Exhibit C (the “Equipment Note”). The Equipment Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 0 hereof. The Equipment Note, (B) and the Equipment Loans evidenced thereby, shall mature in equal monthly principal installments based upon the straight line five-year amortization of the aggregate principal balance of the Equipment Loans as of the Equipment Loan Commitment Termination Date, commencing on April 30, 2011, and continuing on the last day of each month thereafter, with a modification, supplement and/or joinder final installment in the amount of all principal not sooner paid due and payable on the Equipment Loan Final Maturity Date. Without regard to the Security Agreement executed principal amount of the Equipment Note stated on its face, the actual principal amount at any time outstanding and delivered owing by the applicable Equipment Loan Borrower granting a security interest to Bank in on account of the Equipment Collateral financed thereby, (C) a modification, supplement and/or joinder to Note shall be the Master Mortgagee Agreement (as defined in sum of all Equipment Loans made hereunder less all payments of principal thereof actually received by the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expense.

Equipment Loan. Bank shall make one or more additional extensions of credit to Equipment Loan Borrower under the Equipment Loan in an aggregate amount not to exceed the maximum principal amount of the Equipment Loan to finance capital equipment expenditures, subject to the following terms and conditions: (i) Subject to the satisfaction terms and conditions of this Agreement, each Lender, severally and not jointly, shall, from time to time, make available advances to the conditions precedent set forth Borrowers to finance any such Borrower’s purchase of Equipment for use in subsection (iii) below, Bank shall make advances of principal under the Equipment Loan such Borrower’s business (each, an “Equipment Loan AdvanceLoan” and collectively, the “Equipment Loans”) to ). All such Equipment Loans shall be in such amounts as are requested by Borrower, but in no event shall any Equipment Loan exceed 80% of the net invoice cost (excluding taxes, shipping, delivery, handling, installation, overhead and other so called “soft” costs) of the Equipment then to be purchased by Borrower and the total amount of all Equipment Loans outstanding hereunder shall not exceed, in the aggregate, the Maximum Equipment Loan Amount. Once repaid an Equipment Loan may not be reborrowed. Advances consisting of Equipment Loans shall be accumulated from time to time until that date which is three the Restatement Date through the one (31) years after year anniversary of the date hereof Restatement Date (the “Availability Borrowing Period”); provided. At the end of the Borrowing Period, however, that no additional Equipment Loans shall be made and the principal amount sum of all outstanding Equipment Loan Advances Loans made during the Borrowing Period shall not exceed amortize on the maximum principal amount basis of the Equipment Loana sixty (60) month schedule. The Equipment Loan Loans shall be a revolving credit facility. Subject be, with respect to all applicable provisions principal, payable in equal monthly installments based upon the amortization schedule set forth above, commencing on January 1, 2016 and on the first (1st) day of each month thereafter with the balance payable upon the expiration of the Term, subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement, each Term Note, and any and all other agreements between . The Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased in the preceding one hundred twenty (120) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and Ares); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance Loans shall be evidenced by a separate term note one or more secured promissory notes (eachcollectively, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed rate per annum equal to Bank’s three (3) year cost of funds as of the date of such Equipment Loan Advance plus three percent (3.00%) (the “Equipment Loan RateNote”). The Equipment Loans may consist of Domestic Rate Loans or Eurodollar Rate Loans, (bor a combination thereof, as Borrower may request. In the event that Borrower desires to obtain or continue a Eurodollar Rate Loan or to convert a Domestic Rate Loan to a Eurodollar Rate Loan, Borrower shall comply with the notification requirements set forth in Sections 2.2(c) be repaid in monthly level payments of principal plus interest (calculated using (I) the Equipment Loan Rate, and (IId) a three and the provisions of Sections 2.2(c) through (3g) year amortization schedule), and (c) mature on that date which is three (3) years after the date of the applicable Equipment Loan Advance memorialized therebyshall apply. (iii) Prior to the end of the Availability Period, Equipment Loan Borrower shall give Bank written notice (or telephonic notice promptly confirmed in writing) of each requested Equipment Loan Advance not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety percent (90%) of the cost of the Equipment Collateral financed thereby, as determined by Bank), as well as the proposed date of the closing of such Equipment Loan Advance. Upon the satisfaction of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect to the Equipment Collateral financed with the proceeds of such Equipment Loan Advance, in form and substance satisfactory to Bank; and (3) Equipment Loan Borrower shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) the Term Note evidencing such Equipment Loan Advance, (B) a modification, supplement and/or joinder to the Security Agreement executed and delivered by the applicable Equipment Loan Borrower granting a security interest to Bank in the Equipment Collateral financed thereby, (C) a modification, supplement and/or joinder to the Master Mortgagee Agreement (as defined in the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expense.

Equipment Loan. (a) Subject to the terms and conditions hereof, Bank shall make one or more additional extensions lend to Borrower an equipment draw loan (the “Equipment Loan”) on September 28, 2018 in an aggregate amount of credit to Equipment Loan One Million Four Hundred Twenty-Nine Thousand Two Hundred Fifty and No/100 Dollars ($1,429,250.00). So long as no Event of Default has occurred, Borrower may obtain advances under the Equipment Loan in an aggregate amount not until the Term-Out Date, at which time Borrower’s right to exceed the maximum principal amount of the Equipment Loan to finance capital equipment expenditures, subject to the following terms and conditions: (i) Subject to the satisfaction of the conditions precedent set forth in subsection (iii) below, Bank shall make obtain advances of principal under the Equipment Loan (eachshall terminate and the unpaid principal balance, an “Equipment Loan Advance”) to Equipment Loan Borrower from time to time until that date which is three (3) years after the date hereof (the “Availability Period”); providedtogether with all accrued but unpaid interest and reimbursable expenses, however, that the principal amount of all outstanding Equipment Loan Advances shall not exceed the maximum principal amount of the Equipment Loan. The Equipment Loan shall be a revolving credit facility. Subject to all applicable provisions in this Agreement, each Term Note, and any and all other agreements between Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased in the preceding one hundred twenty (120) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and Ares); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance shall be evidenced by a separate term note (each, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed rate per annum equal to Bank’s three (3) year cost of funds as of the date of such that certain Equipment Loan Advance plus three percent (3.00%) Note issued by Borrower to Bank dated September 28, 2018, as amended, modified or restated from time to time (the “Equipment Loan RateNote”). The term of the Equipment Loan shall expire on March 28, 2025 (the “Equipment Loan Maturity Date”), unless the Equipment Loan is sooner paid pursuant to the terms hereof. (b) be repaid in monthly level payments The proceeds of principal plus interest (calculated using (I) the Equipment Loan Rate, and (II) a three (3) year amortization schedule), and will be used to fund equipment needs for the Project. (c) mature on that date which is three (3) years after Borrower shall have the date right to prepay the principal of the applicable Equipment Loan Advance memorialized therebyin accordance with the provisions and prepayment penalties set forth in the Equipment Loan Note. Early principal payments will not, unless agreed to by Bank in writing, relieve Borrower of Borrower’s obligation to continue to make regular monthly payments required by the Equipment Loan Note. Rather, early payments will reduce the principal balance due and may result in Borrower’s making fewer payments. Borrower agrees not to send Bank payments marked “paid in full”, “without recourse” or similar language. If Borrower sends such a payment, Bank may accept it without losing any of Bank’s rights under the Equipment Loan Note, and Borrower will remain obligated to pay any further amount owed to Bank. (iiic) Prior Section 2.6 is hereby added to the end of the Availability Period, Equipment Loan Borrower shall give Bank written notice (or telephonic notice promptly confirmed in writing) of each requested Equipment Loan Advance not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety percent (90%) of the cost of the Equipment Collateral financed thereby, Agreement as determined by Bank), as well as the proposed date of the closing of such Equipment Loan Advance. Upon the satisfaction of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect to the Equipment Collateral financed with the proceeds of such Equipment Loan Advance, in form and substance satisfactory to Bank; and (3) Equipment Loan Borrower shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) the Term Note evidencing such Equipment Loan Advance, (B) a modification, supplement and/or joinder to the Security Agreement executed and delivered by the applicable Equipment Loan Borrower granting a security interest to Bank in the Equipment Collateral financed thereby, (C) a modification, supplement and/or joinder to the Master Mortgagee Agreement (as defined in the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expense.follows:

Equipment Loan. Subject to the terms and conditions set forth in this Agreement, the Bank shall make one or more additional extensions hereby establishes for the benefit of the Borrower a non-revolving line of credit to facility (the “Equipment Loan Borrower under the Equipment Loan Loan”) in an aggregate amount not to exceed the maximum aggregate principal amount of $1,000,000.00 (the Equipment “Permitted Loan to finance capital equipment expenditures, subject to Limit”) upon the following terms and conditions: (a) The Bank agrees from time to time during the period (the “Advance Period”) from the date hereof until the earlier of (i) Subject the date when the Bank has made Advances (as hereinafter defined) which, in the aggregate, equal the Permitted Loan Limit, (ii) the date when the Bank receives written notice from the Borrower (which note shall be irrevocable) informing the Bank that the Borrower does not intend to request further advances hereunder and acknowledging that the Bank shall have no obligation to make further Advances hereunder, or (iii) October 31, 2012, or such later date as may be designated by the Bank by written notice to the Borrower (the “Conversion Date”) to lend to the Borrower under the Equipment Loan upon the request of the Borrower up to the Permitted Loan Limit subject to the terms and conditions set forth herein and in the Note (as hereinafter defined). During the Advance Period, the Borrower shall be entitled to receive up to the Permitted Loan Limit in one or more advances (each, an “Advance” and collectively, the “Advances”), except as otherwise specifically set forth in this Agreement. In no event may the aggregate principal amount advanced under the Equipment Loan exceed the Permitted Loan Limit. Advances under the Equipment Loan shall be used solely to finance the acquisition of equipment and machinery (“Equipment”), shall be evidenced by a Non-Revolving Equipment Line of Credit Note in the face amount of $1,000,000.00 executed or to be executed by the Borrower in favor of the Bank (as the same may be amended, modified, renewed, extended or replaced from time to time, the “Note”) acceptable to the Bank, shall bear interest at the rate or rates set forth in the Note and shall be payable as set forth in the Note. After the Expiration Date, the Borrower shall not be entitled to receive any further Advances. (b) Upon satisfaction of the conditions precedent set forth in subsection this Agreement, the Note and the other Loan Documents (iii) belowas hereinafter defined), Bank the Borrower shall make advances of principal be entitled to obtain Advances during the Advance Period under the Equipment Loan by giving written notice to the Bank (eachwhich notice can be made by electronic mail and facsimile transmission, an “Equipment Loan Advance”) immediately confirmed by sending the original notice to Equipment Loan Borrower from time to time until the Bank so that date which the same is received by the Bank no later than three (3) years after the date hereof Business Days (the “Availability Period”); provided, however, that the principal amount of all outstanding Equipment Loan Advances shall not exceed the maximum principal amount of the Equipment Loan. The Equipment Loan shall be a revolving credit facility. Subject to all applicable provisions in this Agreement, each Term Note, and any and all other agreements between Equipment Loan Borrower and Bank related to the Equipment Loan, the Equipment Loan Borrower may borrow, pay, prepay and reborrow under the Equipment Loan at any time during the Availability Period, and any amount of principal that has been repaid under any Term Note may be reborrowed as an additional Equipment Loan Advance after such repayment. Equipment Loan Borrower may request Equipment Loan Advances not more than once per calendar quarter to reimburse Equipment Loan Borrower for equipment purchased defined in the preceding one hundred twenty (120Note) day period (or prior to such one hundred twenty (120) day period to the extent approved by PNC and Ares); and the preceding three hundred (300) day period for the initial Equipment Loan Advance after the date hereof; provided, however, that Equipment Loan Borrower may not request any Equipment Loan Advance in an amount less than $500,000.00. (ii) Each Equipment Loan Advance shall be evidenced by a separate term note (each, as modified, amended, renewed, restated or replaced from time to time, a “Term Note”) in the amount of each respective Equipment Loan Advance, made by all Equipment Loan Borrowers (jointly and severally as co-borrowers) payable to Bank in accordance with the terms thereof. Each Term Note shall (a) bear interest at a fixed rate per annum equal to Bank’s three (3) year cost of funds as of the date of such Equipment Loan Advance plus three percent (3.00%) (the “Equipment Loan Rate”), (b) be repaid in monthly level payments of principal plus interest (calculated using (I) the Equipment Loan Rate, and (II) a three (3) year amortization schedule), and (c) mature on that date which is three (3) years after the date of the applicable Equipment Loan electronic mail or facsimile transmission), which request shall be in the form attached hereto, or such other form as may be acceptable to the Bank, and shall specify: (i) the amount of the requested Advance, (ii) the date on which the Advance memorialized thereby. is requested (which must be a Business Day) and (iii) Prior a complete, adequate description of the Equipment being acquired, and shall be accompanied by all pertinent information relating to the end Equipment, including the purchase price and a copy of the Availability Periodinvoice or purchase order, together with all other relevant information relating to such Equipment Loan Borrower shall give as the Bank written notice (or telephonic notice promptly confirmed in writing) may request. The amount of each requested Equipment Loan Advance may not less than ten (10) business days prior to the making of each Equipment Loan Advance requested. Each notice shall be irrevocable and shall specify the principal amount of such Equipment Loan Advance (provided, however, that no Equipment Loan Advance shall exceed ninety percent (90%) of the cost purchase price of the Equipment Collateral financed therebybeing purchased. (c) On the Conversion Date, as the aggregate outstanding principal amount of Advances under the Equipment Loan will be converted to a term loan, upon the terms set forth in the Note. The amortization schedule of the term loan shall be determined by Bank)the Bank on the Conversion Date based on the nature and type of Equipment financed and, as well as if necessary, the proposed date Note shall be modified accordingly. On the Conversion Date, the Borrower shall pay to the Bank a commitment fee in the amount of fifty (50) basis points (0.50%) of the closing of such Equipment Loan Advance. Upon the satisfaction aggregate outstanding principal balance of the following conditions, Bank will make the proceeds of each Equipment Loan Advance available to Equipment Loan Borrower Note on the date specified in the applicable notice by crediting an account maintained by Equipment Loan Borrower with Bank or, at Equipment Loan Borrower’s option, by delivering a wire transfer of such amount to an account designated by Equipment Loan Borrower to Bank: (1) no Event of Default, and no event that, with the giving of notice or the passage of time or both would constitute an Event of Default, shall have occurred and be continuing under the Transaction Documents; (2) Equipment Loan Borrower shall have delivered to Bank such information as Bank may reasonably request with respect Conversion Date which is being converted to the Equipment Collateral financed with the proceeds of such Equipment Loan Advance, in form and substance satisfactory to Bank; and (3) Equipment Loan Borrower shall have executed and delivered to Bank, or caused to be executed and delivered to Bank) (A) the Term Note evidencing such Equipment Loan Advance, (B) a modification, supplement and/or joinder to the Security Agreement executed and delivered by the applicable Equipment Loan Borrower granting a security interest to Bank in the Equipment Collateral financed thereby, (C) a modification, supplement and/or joinder to the Master Mortgagee Agreement (as defined in the Master Covenant Agreement) reflecting the Equipment Collateral financed thereby, and (D) such other documents and/or instruments as Bank shall reasonably require, all in form and substance satisfactory to Bank. In amplification of the foregoing, Equipment Loan Borrower authorizes (both prospectively and retroactively) Bank to file financing statements, and any continuations and amendments thereof, with respect to the Equipment Collateral financed with the proceeds of each Equipment Loan Advance, without Equipment Loan Borrower’s signature and at Equipment Loan Borrower’s sole cost and expenseterm loan.