Common use of Facility B Commitment Clause in Contracts

Facility B 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-B Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.B. at any time from the date hereof through December 31, 1997 (the "Facility-B Availability End Date"), in an aggregate principal amount not to exceed $1,000,000.00 (the "Facility-B Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-B Loan Account (as hereinafter defined) is greater than the Facility-B 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-B Loans shall expire on the Facility-B 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. The outstanding principal balance of the Facility-B 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-B Loans which are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-B Loan Account on December 29, 2000 ("Facility-8 Maturity Date").

Facility B 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-B Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.B. 2 at any time from the date hereof through December 31prior to June 18, 1997 1998 (the "Facility-B Availability End Date"), in an aggregate principal amount not to exceed to exceed $1,000,000.00 1,500,000.00 (the "Facility-B Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-B Loan Account (as hereinafter defined) is greater than the Facility-B 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-B Loans shall expire on the Facility-B 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. The outstanding principal balance of the Facility-B 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-B Loans which are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-B Loan Account on December 29the dates set forth below, 2000 the final such date being that date forty-eight months from the date hereof ("Facility-8 Facility-B Maturity Date").

Facility B 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-B Loan") to Borrower Borrower, in such amounts as Borrower shall request pursuant to this Section 1.B. 2, at any time from the date hereof through December 31September 30, 1997 (the "Facility-B Availability End Maturity Date"), in an aggregate principal amount not to exceed $1,000,000.00 3,000,000.00 (the "Facility-B CommitmentCommitment Amount"). If at any time or for any reason, the outstanding principal amount of the Facility-B Loan Account (as hereinafter defined) is greater than the Facility-B 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-B Loans shall expire on the Facility-B Availability End Maturity 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. The outstanding principal balance If Bank decides to terminate this line of credit prior to the Facility-B 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-B 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-B Loans advanced by Bank which are repaid by Borrower may not shall be reborrowed. Borrower promises to pay to Bank available for reborrowing in accordance with the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-B Loan Account on December 29, 2000 ("Facility-8 Maturity Date")terms hereof.

Facility B 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-B Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.B. at any time from the date hereof hereof 1. through December 31, 1997 February 28. 1998 (the "Facility-B Availability End Date"), in an aggregate principal amount not to exceed $1,000,000.00 100.000.00 (the "Facility-B Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-B Loan Account (as hereinafter defined) is greater than the Facility-B 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-B Loans shall expire on the Facility-B 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. The outstanding principal balance of the Facility-B 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-B Loans which are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Facility-B Loan Account on December 29February 28, 2000 ("Facility-8 Facility-B Maturity Date").

Facility B 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-B Loan") to Borrower in such amounts as Borrower shall request pursuant to this Section 1.B. 2 at any time from the date hereof through prior to December 31, 1997 1998 (the "Facility-B Availability End Date"), in an aggregate aggregate, principal amount not to exceed $1,000,000.00 3,000,000-00 (the "Facility-B Commitment"). If at any time or for any reason, the outstanding principal amount of the Facility-B Loan Account (as hereinafter defined) is greater than the Facility-B 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-B Loans shall expire on the Facility-B 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. The outstanding principal balance of the Facility-B 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-B Loans which are repaid by Borrower may not be reborrowed. Borrower promises to pay to Bank the outstanding unpaid principal balance (and all C accrued unpaid interest thereon) of the Facility-B Loan Account on the dates set forth below, the final such date being December 2931, 2000 2001 ("Facility-8 Facility-B Maturity Date"). A. FACILITY-B LOANS. The amount of each Facility-B Loan made by Bank to Borrower hereunder shall be debited to the loan ledger account of Borrower maintained by Bank for the Facility-B Commitment (herein called the "Facility-B Loan Account") and Bank shall credit the Facility-B Loan Account with all loan repayments in respect thereof made by Borrower. When Borrower desires to obtain a Facility-B Loan, Borrower shall notify Bank (which notice shall be signed by an officer of Borrower and shall be irrevocable) in accordance with Section 3 hereof, to be received no later than 3:00 p.m. Pacific time one (1) business day before the day on which the Facility-B Loan is to be made. The notice shall be signed by an officer of Borrower and contain a detailed schedule of the items being financed, including copies of paid invoices and serial numbers for the original equipment, furniture or software to be financed. Facility-B Loans may only be used to finance equipment, furniture or software purchased by the Borrower within ninety (90) days of the invoice date for said items and will be limited to (1) one hundred percent (100%) of the original equipment invoice amount for such equipment less any taxes, shipping and freight charges or discounts, warranty charges, installation expenses and other soft costs, (2) one hundred percent (100%) of the original furniture invoice amount for such furniture less any taxes, shipping and freight charges or discounts, warranty charges, installation expenses and other soft costs and (3) eighty-five percent (85%) of the original software invoice amount for such software less any taxes, shipping and freight charges or discounts, warranty charges, installation expenses and other soft costs. Notwithstanding the foregoing, Facility-B Loans made for the purpose of financing (a) furniture shall be limited to a maximum aggregate total amount of $250,000.00 and (b) software shall be limited to a maximum aggregate total amount of $600,000.00.