Common use of Establishment of Credit Facility Clause in Contracts

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor an aggregate sum not to exceed the lesser of (i) an amount equal to the Borrowing Base, or (ii) FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) (the “Revolving Credit Facility”), on a revolving basis from time to time during the period commencing on the date hereof and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) SEPTEMBER 16, 2012; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit Facility.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor an aggregate sum not to exceed the lesser of (i) an amount equal to the Borrowing Base, or (ii) FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) (the “Revolving Credit Facility”), on a revolving basis from time to time during the period commencing on the date hereof and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) SEPTEMBER 16, 20122011; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit Facility.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility”) an aggregate sum not to exceed the lesser of of: (i) an amount equal to the Borrowing Base, ; or (ii) FIVE TWENTY MILLION AND NO/100 DOLLARS ($5,000,000.0020,000,000.00) (the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) SEPTEMBER 16JUNE 30, 2012; or 2019 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit FacilityFacility up to the Revolving Credit Maturity Date.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility”) an aggregate sum not to exceed the lesser of of: (i) an amount equal to the Borrowing Base, ; or (ii) FIVE TWENTY MILLION AND NO/100 DOLLARS ($5,000,000.0020,000,000.00) (the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) SEPTEMBER 16JUNE 30, 2012; or 2018 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit FacilityFacility up to the Revolving Credit Maturity Date.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility”) an aggregate sum not to exceed the lesser of of: (i) an amount equal to the Borrowing Base, ; or (ii) FIVE TWENTY MILLION AND NO/100 DOLLARS ($5,000,000.0020,000,000.00) (the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) SEPTEMBER 1630, 2012; or 2019 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit Facility.Facility up to the Revolving Credit Maturity Date. Lender and Debtor mutually agree to use commercially reasonable efforts to extend the Revolving Credit Facility for a period of TWO (2) years from the date of this Amendment in accordance with prior practices. EIGHTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility”) an aggregate sum not to exceed the lesser of (i) an amount equal to the Borrowing BaseBase minus the outstanding principal balance of the Term Note — Tranche G, or (ii) FIVE TWENTY MILLION AND NO/100 DOLLARS ($5,000,000.0020,000,000.00) (the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) SEPTEMBER 16JUNE 30, 2012; or 2017 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit FacilityFacility up to the Revolving Credit Maturity Date.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility”) an aggregate sum not to exceed the lesser of of: (i) an amount equal to the Borrowing Base, ; or (ii) FIVE TWENTY MILLION AND NO/100 DOLLARS ($5,000,000.0020,000,000.00) (the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (ii) SEPTEMBER 16JUNE 30, 2012; or 2017 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit FacilityFacility up to the Revolving Credit Maturity Date.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor under a credit facility (the “Revolving Credit Facility” or “Credit Facility”) an aggregate sum not to exceed the lesser of of: (i) an amount equal to the Borrowing Base, ; or (ii) FIVE FIFTEEN MILLION AND NO/100 DOLLARS ($5,000,000.0015,000,000.00) (subject to reduction as provided herein, the “Revolving Credit FacilityMaximum Amount”), on a revolving basis from time to time during the period commencing on the date hereof and continuing untiluntil the earlier of: (ix) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; or (iiy) SEPTEMBER 1630, 2012; or 2020 (iii) the earlier of such other date as may be established by a written instrument between Debtor and Lender from time to time (dates being the “Revolving Credit Maturity Date”). Debtor may permanently reduce the Maximum Amount at any time, and from time to time, by notice to Lender specifying the amount of such reduction and thereafter Lender shall have no further obligation to make Loans in excess of such reduced amount; provided that Debtor may not reduce the Maximum Amount to an amount less than the then-outstanding Loans. If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility Maximum Amount or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit FacilityFacility up to the Revolving Credit Maturity Date.

Establishment of Credit Facility. Subject to the terms and conditions set forth in this Agreement and the other Loan Documents, Lender hereby agrees to lend to Debtor an aggregate sum not to exceed the lesser of (i) an amount equal to the Borrowing Base, or (ii) FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) (the “Revolving Credit Facility”), on a revolving basis from time to time during the period commencing on the date hereof and continuing until: (i) the acceleration of the Indebtedness pursuant to the terms of the Loan Documents; (ii) SEPTEMBER 16, 20122010; or (iii) such other date as may be established by a written instrument between Debtor and Lender from time to time (the “Revolving Credit Maturity Date”). If at any time the sum of the aggregate principal amount of Loans outstanding hereunder exceeds lesser of the Revolving Credit Facility or the Borrowing Base, such amounts shall be deemed an “Overadvance.” Debtor shall immediately repay the amount of such Overadvance plus all accrued and unpaid interest thereon upon written demand from Lender. Notwithstanding anything contained herein to the contrary, an Overadvance shall be considered a Loan and shall bear interest at the Rate as set forth in the Revolving Credit Note and be secured by this Agreement. Subject to the terms and conditions hereof, Debtor may borrow, repay and reborrow funds under the Revolving Credit Facility.