Common use of Existing Growth Capital Advances Clause in Contracts

Existing Growth Capital Advances. Borrower hereby acknowledges that Bank made Growth Capital Advances to Borrower in the original aggregate principal amount not to exceed Five Million Dollars ($5,000,000) (the “Existing Growth Capital Term Loan”). Borrower acknowledges and agrees that as of the date hereof, the aggregate outstanding principal balance of the Existing Growth Capital Term Loan is Four Million Ninety-Seven Thousand Two Hundred Twenty-Two Dollars and Twenty-Eight Cents ($4,097,222.28). Borrower and Bank acknowledge and agree that there is no further availability to borrow under the Existing Growth Capital Term Loan. Borrower represents and warrants to Bank that all of such sum is due and owing Bank, without offset or defense of any kind or nature and in the event Borrower has any offsets or defenses thereto, Borrower hereby irrevocably waives all such offsets and defenses. Borrower acknowledges and agrees that the execution of this Agreement is not intended to and shall not cause or result in a novation with respect to the Existing Growth Capital Term Loan. Borrower shall, on or about the date hereof, and in conjunction with Borrower’s execution of this Amendment, use a portion of the proceeds from the Tranche One Term Loan Advance to repay in full in cash all of the Obligations owing to Bank under the Existing Growth Capital Term Loan, including, without limitation, the amount of the Final Payment due to Bank under the Loan Agreement.

Existing Growth Capital Advances. Borrower hereby acknowledges that Bank made Growth Capital Advances to Borrower in the original aggregate principal amount not to exceed Five Million Dollars ($5,000,000) (the “Existing Growth Capital Term Loan”). Borrower acknowledges and agrees that as of the date hereofEffective Date, the aggregate outstanding principal balance of on the Existing Growth Capital Term Loan Advances is Nine Million Eight Hundred Fifty-Four Million NinetyThousand Eight Hundred Thirty-Seven Thousand Two Hundred Twenty-Two Three and 34/100 Dollars and Twenty-Eight Cents ($4,097,222.289,854,833.34). Borrower , which remains outstanding and Bank acknowledge is continued as an Obligation hereunder as of the Effective Date, and agree that there is no further availability to borrow under the Existing Growth Capital Term Loan. Borrower represents and warrants to Bank that all of such sum is due and owing Bank, without not subject to any offset or defense of any kind or nature whatsoever, and in the event Borrower has any offsets or defenses thereto, Borrower hereby irrevocably waives all such offsets and defenses. Borrower acknowledges and agrees Bank acknowledge and agree that there is no further availability to borrow under the Existing Growth Capital Advances. The Obligations owing with respect to the Existing Growth Capital Advances have not been extinguished or discharged hereby and the execution of this Agreement is not intended to and shall not cause or result in a novation with respect to the Existing Growth Capital Term LoanAdvances. Borrower shall, on or about the date hereof, Effective Date and in conjunction with Borrower’s execution of this AmendmentAgreement, use a portion of the proceeds from the Tranche One Term Loan A Advance to repay in full in cash all of the Obligations owing to Bank under the Existing Growth Capital Term LoanAdvances, including, without limitation, the amount of the “Final Payment Payment” (as such term is defined in the Prior Loan Agreement) due to Bank under the Existing Growth Capital Advances in the amount of Six Hundred Thirty-Three Thousand Five Hundred Twenty-Five Dollars ($633,525) (the “Existing Growth Capital Final Payment”). No “Make-Whole Premium” (as such term is defined in the Prior Loan Agreement) shall be due and payable in connection with the repayment of the Existing Growth Capital Advances.

Existing Growth Capital Advances. Borrower hereby acknowledges that that, as part of the Prior Loan Agreement, Bank made available to Borrower, the Existing Growth Capital Advances to Borrower in the aggregate original aggregate principal amount not equal to exceed Five Seven Million Dollars ($5,000,000) (the “Existing Growth Capital Term Loan”7,000,000). Borrower acknowledges and agrees that as of the date hereofEffective Date, (i) the aggregate outstanding principal balance of the Existing Growth Capital Term Loan Advances is Four Seven Million Ninety-Seven Thousand Two Hundred Twenty-Two Dollars and Twenty-Eight Cents ($4,097,222.287,000,000). Borrower , which remains outstanding and Bank acknowledge and agree is continued as an Obligation hereunder as of the Effective Date, (ii) that there is no further availability to borrow under the Existing Growth Capital Term Loan. Borrower represents and warrants to Bank that all of such sum is due and owing Bank, without not subject to any offset or defense of any kind or nature whatsoever, and in the event Borrower has any offsets or defenses thereto, Borrower hereby irrevocably waives all such offsets and defenses, (iii) there is no further availability to borrow under the Existing Growth Capital Advances, and (iv) that the Existing Growth Capital Advances will be replaced by the Growth Capital Advances (as defined below) as more fully described herein. Borrower acknowledges The Obligations owing with respect to the Existing Growth Capital Advances have not been extinguished or discharged hereby and agrees that the execution of this Agreement is not intended to and shall not cause or result in a novation with respect to the Existing Growth Capital Term LoanAdvances. Borrower shall, on or about the date hereof, Effective Date and in conjunction with Borrower’s execution of this AmendmentAgreement, use a portion of the proceeds from the Tranche One Term Loan Growth Capital Advance to repay in full in cash all of the Obligations owing to Bank under the Existing Growth Capital Term Loan, including, without limitation, the amount of the Final Payment due to Bank under the Loan AgreementAdvances.

Existing Growth Capital Advances. Borrower hereby acknowledges that Bank made Growth Capital Advances to Borrower in the original aggregate principal amount not to exceed Five Million Dollars ($5,000,000) (the “Existing Growth Capital Term Loan”). Borrower acknowledges and agrees that as of the date hereofEffective Date, the aggregate outstanding principal balance of on the Existing Growth Capital Term Loan Advances is Four Million Seven Hundred Ninety-Seven One Thousand Two Six Hundred TwentySixty-Two Six Dollars and TwentySixty-Eight One Cents ($4,097,222.28791,666.61). Borrower , which remains outstanding and Bank acknowledge is continued as an Obligation hereunder as of the Effective Date, and agree that there is no further availability to borrow under the Existing Growth Capital Term Loan. Borrower represents and warrants to Bank that all of such sum is due and owing Bank, without not subject to any offset or defense of any kind or nature whatsoever, and in the event Borrower has any offsets or defenses thereto, Borrower hereby irrevocably waives all such offsets and defenses. Borrower acknowledges and agrees Bank acknowledge and agree that there is no further availability to borrow under the Existing Growth Capital Advances. The Obligations owing with respect to the Existing Growth Capital Advances have not been extinguished or discharged hereby and the execution of this Agreement is not intended to and shall not cause or result in a novation with respect to the Existing Growth Capital Term LoanAdvances. Borrower shall, on or about the date hereof, Effective Date and in conjunction with Borrower’s execution of this AmendmentAgreement, use a portion of the proceeds from the Tranche One Term Loan Advance (as defined in the EGC Loan Agreement) to repay in full in cash all of the Obligations owing to Bank under the Existing Growth Capital Term Loan, including, without limitation, Advances. No “Prepayment Fee” (as such term is defined in the amount Prior Loan Agreement) shall be due and payable in connection with the repayment of the Final Payment due to Bank under the Loan AgreementExisting Growth Capital Advances.