Common use of Facility A Commitment Clause in Contracts

Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this SECTION 1.A., up to an aggregate principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least of: (a) Eighty percent (80%) of Eligible Accounts (the "Borrowing Base") or (b) $5,000,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account is greater than the least of: (x) the Borrowing Base or (y) the Facility-A Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Facility-A Loans advanced by Bank which are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account on October 14, 1999 ("Facility- A Maturity Date").

Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this SECTION Section 1.A., up to an aggregate principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least lesser of: (a) Eighty seventy percent (8070.0%) of Eligible Accounts (as the same may be adjusted from time to time as provided for under Section 9.B. hereof the "Borrowing Base") or and (b) $5,000,000.00 2,000,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-Facility- A Loan Account Account, as such amount may be increased as set forth in Section 1.A.(1) hereof (as said term is hereinafter defined), is greater than the least lesser of: (x) the Borrowing Base or (y) the Facility-A Commitment, Borrower shall immediately pay to Bank, Bank in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter hereafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Facility-A Loans advanced by Bank which are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account on October 14August 15, 1999 1998 ("Facility- Facility A Maturity Date"). (1) INCREASE IN FACILITY-A COMMITMENT. Provided that no Event of Default has occurred is continuing, Borrower shall have the option to increase the Facility-A Commitment to $2,500,000.00, subject to the satisfaction of the following condition precedent: (a) Borrower shall have received no later than December 31, 1997, new or additional equity investments from any new or existing shareholders of Borrower totaling at least Five Million Dollars ($5,000,000.00) ("Next Equity Round"), and delivered evidence to Bank of such equity investment, in form satisfactory to Bank.

Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this SECTION 1.A.Section 1, up to an aggregate principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least lesser of: (a) Eighty eighty percent (8080.0%) of Eligible Accounts (the "Borrowing Base") or and (b) $5,000,000.00 3,000,000.00 (the "Facility-A CommitmentCommitment Amount"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account (as such may be increased by the exercise of the Facility-B Conversion Option (as hereinafter defined) is greater than the least lesser of: (xi) the Borrowing Base or (yii) the Facility-A CommitmentCommitment Amount, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided If Bank decides to terminate this line of credit prior to the Facility-A Maturity Date, then, provided that no Event of Default (as hereinafter defined) has occurred and is continuing, Bank shall give Borrower ninety (90) days prior written notice of such termination. Provided that no Event of Default has occurred and is continuing, all or any portion of the Facility-A Loans advanced by Bank which are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account on October 14, 1999 three hundred sixty-four (364) days from the date hereof ("Facility- Facility-A Maturity Date").

Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "Facility-A Loan") to Borrower, from time to time and in such amounts as Borrower shall request pursuant to this SECTION 1.A.may be determined by Bank up to, up to but not exceeding, an aggregate unpaid principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least of: (a) Eighty percent (80%) balance of Eligible Accounts (the "Borrowing Base") or (b) $5,000,000.00 4,000,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account (as hereinafter defined) is greater than the least of: (x) the Borrowing Base or (y) the Facility-A Commitment, Borrower shall immediately pay to Bank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter defined), subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion of the Facility-A Loans advanced by Bank which are repaid by Borrower shall be available for reborrowing in accordance with the terms hereof. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account Loans on October 14June 18, 1999 1998 ("Facility- Facility-A Maturity Date"). The outstanding principal balance due under the Facility-A Loan Account may be repaid, in whole or in part, without penalty at any time or from time to time prior to the Facility-A Maturity Date.

Facility A Commitment. Subject to all the terms and conditions of this Loan Agreement and prior to the termination of its commitment as hereinafter provided, Bank hereby agrees to make loans (each a "'Facility-A Loan") to Borrower, from time to time and Borrower in such amounts as Borrower shall request pursuant to this SECTION 1.A.Section I.A. at any time from the date hereof through March 31, up to 1999 (the "Facility-A Availability End Date"), in an aggregate principal amount outstanding under the Facility-A Loan Account (as hereinafter defined) not to exceed the least of: (a) Eighty percent (80%) of Eligible Accounts (the "Borrowing Base") or (b) $5,000,000.00 2,500,000.00 (the "Facility-A Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-A Loan Account (as hereinafter defined) is greater than the least of: (x) the Borrowing Base or (y) the Facility-A Commitment, Borrower shall immediately pay Pay to Bankbank, in cash, the amount of such excess. Any commitment of Bank, pursuant to the terms of this Loan Agreement, to make Facility-A Loans shall expire on the Facility-A Maturity Date (as hereinafter defined)Availability End Date, subject to Bank's right to renew said commitment in its sole and absolute discretion at Borrower's request. Any such renewal of said commitment shall not be binding upon Bank unless it is in writing and signed by an officer of Bank. Provided that no Event of Default (as hereinafter defined) has occurred and is continuing, all or any portion The outstanding principal balance of the Facility- A Loan Account may be prepaid in whole or in part (but only in whole multiples of $1,000.00) at any time without penalty. Facility-A Loans advanced by Bank which are repaid by Borrower shall may not be available for reborrowing in accordance with the terms hereofreborrowed. Borrower promises to pay to Bank the entire outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account in accordance with the terms and repayment schedules set forth in Section LA.(4) hereof, but in no event shall any unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-A Loan Account remain outstanding on October 14March 29, 1999 2002 ("Facility- Facility-A Maturity Date").