Common use of Finance and Other Charges Clause in Contracts

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.3 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer Customers hereby agrees agree to pay to IBM Credit the charges set forth as "“Other Charges" ” in Attachment A. The Customer Customers also agrees agree to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer Customers hereby acknowledges acknowledge that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Product Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's ’s xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the any Customer's ’s Outstanding Product Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance it was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "“Delinquency Fee Rate" ” and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer Customers shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer Customers were in excess of such highest rate, then the amount representing such excess excess, shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of calculated by multiplying the applicable Product Financing Delinquency Fee Rate, Term Loan Finance Charge or A/R Finance Charge multiplied provided for in this Agreement by (ii) the Customer's applicable Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30)Balance. Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the The Delinquency Fee Rate multiplied by (ii) Rate, the Average Daily Balance Term Loan Finance Charge and the A/R Finance Charge provided for in this Agreement are each computed on the basis of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the an actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)day, 360 day year. (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM CreditCustomer. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of will be set forth in IBM Credit's xxxx or monthly billing statement therefor to Customer and shall be payable on the 15th day of each month, or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, the Term Loan or any Shortfall Amount, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including its due date (or in the day after such Advance was due case of any Shortfall Amount, from and payable including the date demand for payment is made) to and but not including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.as

Finance and Other Charges. (A1) Finance Monogram shall be entitled to all finance and other charges on Accounts and Indebtedness owned by Monogram. MWCC shall be entitled to all finance and other charges on Non-Converted Accounts and Purchased Monogram Accounts. MW shall receive no benefit from revenue from finance charge assessments against Cardholders on Indebtedness owned by Monogram and/or MWCC, but MW shall receive from MWCC the benefits otherwise provided for in this SECTION 5.5 hereof during the term of this Agreement or as may otherwise be provided in SECTION 15.2 hereof. It is understood and agreed that, notwithstanding any provisions to the contrary contained herein or in the Bank Program Agreement, no finance and/or other charges, except charges for an Advance credit insurance, should be assessed on or posted to Purchased Monogram Accounts or Non-Converted Accounts. If charges for a calendar month credit insurance are assessed on or posted to Non-Converted Accounts or Purchased Monogram Accounts and the amounts thereof are paid to the Signature Companies, the Signature Companies shall be equal reimburse MWCC for such amounts if not paid by the date such Non-Converted Accounts or Purchased Monogram Accounts are written off by MWCC under MWCC's Accounting Practices in conformity with the letter agreement between the Signature Companies and MWCC of even date herewith. (2) With respect to each of the Fiscal Years 1992, 1993, 1994 and 1995 with respect to the States of Florida, Texas and Washington, MWCC shall owe MW, on February 28, 1998 (iI) one twelfth [ ]* of (1/12II) the amount calculated under Section 5.5(5)(II) of the applicable Product Financing Charge Original Account Purchase Agreement; PROVIDED, HOWEVER, that in the event there still is a balance owed by MW in respect of the Seller Notes, Seller Recourse Notes or A/R Finance Charge multiplied by MW 1996 Note, the amount owed to MW under this subsection shall be applied against said notes before determining the amount of the MW Continuation Note (or, if MW determines to make a cash payment, the amount of such cash payment). The amounts to be applied to the Seller Notes and/or Seller Recourse Notes for Fiscal Years 1992, 1993, 1994 and 1995 were (subject to certain off-sets in 1994 and 1995) calculated pursuant to the Original Account Purchase Agreement and are set forth on SCHEDULE 5.5(2) hereto. *Confidential treatment has been requested with respect to this information. (3) On February 28, 1998, MWCC shall pay to MW an amount equal to the sum of: (i) (a) incremental late fees with respect to the increase in late fees in October 1995 owed to MW for Fiscal Year 1995 and (b) for Fiscal Year 1996 prior to May 1, 1996 incremental late fees with respect to the increase in late fees in February 1995 and October 1995, (ii) the Average Daily Balance of such Advance incremental revenues owed to MW relating to increased finance charges in specified states for the period when such finance charge accrues during such calendar month multiplied by Fiscal Year 1996 prior to May 1, 1996, and (iii) the actual number of days during such calendar month when such [ ]* owed to MW with respect to contemplated nominal finance charge accrues divided rate increases for Fiscal Year 1995; PROVIDED, HOWEVER, that in the event there still is a balance owed by MW in respect of the Seller Notes, Seller Recourse Notes or MW 1996 Note, said amount shall be applied against said notes before determining the amount of the MW Continuation Note (iv) thirty (30or, if MW determines to make a cash payment, the amount of such cash payment). Late charges Such amount to be applied to the Seller Notes, Seller Recourse Notes and/or MW 1996 Note for Fiscal Year 1995 and Fiscal Year 1996 prior to May 1, 1996 shall be calculated pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)Original Account Purchase Agreement. (B4) The Customer hereby agrees If the Aggregate Incremental Revenue Amount exceeds the Section 4 Net Aggregate Defaulted Indebtedness Amount (after deducting the amounts provided for in SECTION 4.4(3)), MWCC shall pay such excess to pay MW on February 28, 1998. Except with respect to IBM Credit the charges set forth provisions of SECTION 5.5(7), MW shall not otherwise be entitled to any payments or credits from MWCC with respect to the Aggregate Incremental Revenue Amount. MW shall not be entitled to any payments or credits from MWCC with respect to the Aggregate Participation in Finance Charge Amount (as "Other Charges" specified in Attachment A. The Customer also agrees to pay IBM Credit additional charges the Original Account Purchase Agreement), since such applicable year's Aggregate Participation in Finance Charge Amount was netted in determining the Seller Recourse Notes for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances1994 and 1995. (C5) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances[Section Intentionally Omitted.] (D6) If any amount owed under With respect to Fiscal Year 1996 commencing May 1, 1996, MWCC shall calculate, on or before February 28 of Fiscal Year 1997 (or, if this AgreementAgreement terminates during 1996, including, without limitation, any Advance, is not paid when due within two (whether at maturity, by acceleration or otherwise2) months after termination), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereoffollowing amounts, at a per annum rate equal to the lesser of if any: (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Incremental Yield Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.for Fiscal Year 1996;

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (D) If any amount owed owned under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due within two (2) days of the date of determination pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.5 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx bill or statement therefor or IBM Credit may, in its sole discretiondiscretixx, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.7 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer Borrower hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer Borrower also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer Borrower hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx bill or statement therefor txxxxfor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the CustomerBorrower's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer Borrower shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer Borrower were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.3 for an a Product Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Product Advance for the period when such Product Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Product Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Product Advances. (C) The finance late charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Product Advances. (D) If any amount owed under this Agreement, including, without limitation, any Product Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Product Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Product Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of calculated by multiplying the applicable Product Financing Delinquency Fee Rate, Term Loan Finance Charge or A/R Finance Charge multiplied provided for in this Agreement by (ii) the Customer's applicable Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30)Balance. Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the The Delinquency Fee Rate multiplied by (ii) Rate, the Average Daily Balance Term Loan Finance Charge and the A/R Finance Charge provided for in this Agreement are each computed on the basis of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the an actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)day, 360 day year. (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM CreditCustomer. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of will be set forth in IBM Credit's xxxx or monthly billing statement therefor to Customer and shall be payable on the 15th day of each month, or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, the Term Loan or any Shortfall Amount, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including its due date (or in the day after such Advance was due case of any Shortfall Amount, from and payable including the date demand for payment is made) to and but not including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer shall pay IBM Credit a an additional late charge equal to the Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.3 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) . The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Product Advances. (C) . The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Product Advances. (D) . If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due within two (2) Business Days of the date of determination (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance it was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess excess, shall be considered reductions to principal of Advances. Customer Account Statements. IBM Credit will send statements of each transaction hereunder as well as monthly billing statements to Customer with respect to Advances and other charges due on Customer's account with IBM Credit. Each statement of transaction and monthly billing statement shall be deemed, absent manifest error, to be correct and shall constitute an account stated with respect to each transaction or amount described therein unless within seven (7) Business Days after such statement of transaction or billing statement is received by Customer, Customer provides IBM Credit written notice objecting that such amount or transaction is incorrectly described therein and specifying the error(s), if any, contained therein. IBM Credit may at any time adjust such statements of transaction or billing statements to comply with applicable law and this Agreement.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R PRO Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer Borrower hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer Borrower also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer Borrower hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx bill or statement therefor or IBM Credit may, in its sole discretion, add xxd unpaid finance charges and Other Charges to the CustomerBorrower's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer Borrower shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer Borrower were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of calculated by multiplying the applicable Product Financing Charge Delinquency Fee Rate or A/R Finance Charge multiplied provided for in this Agreement by (ii) the Customer's applicable Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30)Balance. Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the The Delinquency Fee Rate multiplied by (ii) and the Average Daily Balance various A/R Finance Charges provided for in this Agreement are each computed on the basis of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the an actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)day, 360 day year. (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM CreditCustomer. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was its due and payable date to and but not including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer shall pay IBM Credit a an additional late charge equal to the product of the Shortfall Transaction FeeAmount multiplied by thirty (30) basis points. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an A/R Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Applicable Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). (B) Finance Charges for a LIBOR Advance shall be billed in advance for a thirty (30) day period and such LIBOR Advance shall be converted to a Prime Rate Advance on the 31st day after such A/R Advance Date if not paid by then. Should Customer pay such LIBOR Advance prior to its due date, the remaining interest on such LIBOR Advance remains due and payable to IBM Credit. On the terms and subject to the limitations hereof, the Customer shall have the option at any time and from time to time to convert all or any portion of the Advances into Prime Rate Advances or LIBOR Advances, or to continue a LIBOR Advance as such; provided, however that a LIBOR Advance may be continued or converted only on the last day of the Interest Period applicable thereto. The Customer shall give IBM Credit written notice of any continuation or conversion of any Advances and such notice must be given so as to be received by IBM Credit not later than 1:00 P.M. (Eastern time) two Business Days prior to the requested date of conversion or continuation in the case of continuation of, or conversion to, LIBOR Advances and on the date of the requested conversion to Prime Rate Advances. Each such notice shall specify (a) the amount to be continued or converted, (b) the date for the continuation or conversion (which must be (i) the last day of the preceding Interest Period for any continuation or conversion of LIBOR Advances, and (ii) a Business Day and (c) in the case of conversions to or continuations as LIBOR Advances, the Interest Period applicable thereto. Any notice given by Customer under this Agreement shall be irrevocable. (C) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (D) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Outstanding Advances. (E) Late charges pursuant to this subsection (DE) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (BF) The All payments (including prepayments) to be made by Customer hereby agrees herein, whether on account of principal, interest, fees or otherwise, shall be made prior to pay 12:00 Noon, New York City time, on the due date thereof to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment Dollars and in immediately available funds. Any payments received by IBM CreditCredit after such time shall be deemed to have been received on the next succeeding Business Day. The Customer hereby acknowledges that If any payment herein becomes due and payable on a day other than a Business Day, such charges are not payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest but that thereon shall be payable at the then applicable rate during such charges, if unpaid, will constitute part of the Outstanding Advancesextension. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (DG) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances. (H) The Customer shall compensate IBM Credit, upon its written request, for all losses, expenses and liabilities (including any interest paid by IBM Credit to lenders of funds borrowed by it to make or carry LIBOR Advances to the extent not recovered by IBM Credit in connection with the re-employment of such funds and including loss of anticipated profits) which IBM Credit may sustain: (i) if for any reason, other than a default by IBM Credit, a funding of a LIBOR Advance does not occur on the date specified therefor in the Customer's request or notice as to such Advance under Section 2.2, or ii) if, for whatever reason (including, but not limited to, acceleration of the maturity of Advances, occurs on any day other than the last day of the Interest Period applicable thereto. IBM Credit's request for compensation shall set forth the basis for the amount requested.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.5 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30). (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx or statement therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.7 hereof, Customer shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an a Product Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the applicable Product Financing Charge or A/R Finance Charge multiplied by (ii) the Average Daily Balance of such Product Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30). Late charges pursuant to subsection (D) of this Section 2.4 2.3 for an a Product Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the Delinquency Fee Rate multiplied by (ii) the Average Daily Balance of such Product Advance for the period when such Product Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Product Advance is past due divided by (iv) thirty (30). (B) The Customer Customers hereby agrees agree to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer Customers also agrees agree to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer Customers hereby acknowledges acknowledge that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Product Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx bill or statement statemxxx therefor or IBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Customers' Outstanding Product Advances. (D) If any amount owed under this Agreement, including, without limitation, any Product Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance it was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer Customers shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer Customers were in excess of such highest rate, then the amount representing such excess excess, shall be considered reductions to principal of Product Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of calculated by multiplying the applicable Product Financing Charge Delinquency Fee Rate or A/R Finance Charge multiplied provided for in this Agreement by (ii) the Customer's applicable Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30)Balance. Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the The Delinquency Fee Rate multiplied by (ii) and the Average Daily Balance various A/R Finance Charges provided for in this Agreement are each computed on the basis of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the an actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)day, 360 day year. (B) The Customer hereby agrees to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer also agrees to pay IBM Credit additional charges for any returned items of payment received (i) by Customer from any Account obligor, or (ii) by IBM CreditCredit from Customer. The Customer hereby acknowledges that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The Customer hereby agrees to pay throughout the term of this Agreement any and all recording taxes, recording fees, filing fees or other charges incurred by IBM Credit in connection with the filing and recording of this Agreement or any other documents necessary to perfect or maintain IBM Credit's first priority, perfected security interest in the Collateral. (D) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on upon receipt of IBM Credit's xxxx bill or statement therefor or IBM Credit may, in its sole discretiondisxxxxion, add unpaid finance charges and Other Charges to the Customer's Outstanding Advances. (DE) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was its due and payable date to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.5 hereof, Customer shall pay IBM Credit a an additional late charge equal to the product of the Shortfall Amount multiplied by thirty (30) basis points ("Shortfall Transaction Fee"). If it is determined that amounts received from Customer were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.

Finance and Other Charges. (A) Finance charges for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of calculated by multiplying the applicable Delinquency Fee Rate, Product Financing Charge or Charge, A/R Finance Charge multiplied or Term Loan Finance Charge provided for in this Agreement by (ii) the Customers' applicable Average Daily Balance of such Advance for the period when such finance charge accrues during such calendar month multiplied by (iii) the actual number of days during such calendar month when such finance charge accrues divided by (iv) thirty (30)Balance. Late charges pursuant to subsection (D) of this Section 2.4 for an Advance for a calendar month shall be equal to (i) one twelfth (1/12) of the The Delinquency Fee Rate multiplied by (ii) Rate, the Average Daily Balance Product Financing Charge, the various A/R Finance Charges and the Term Loan Finance Charge provided for in this Agreement are each computed on the basis of such Advance for the period when such Advance is past due during such calendar month multiplied by (iii) the actual number of days during such calendar month when such Advance is past due divided by (iv) thirty (30)elapsed, and a 360-day year. (B) The Customer Customers hereby agrees agree to pay to IBM Credit the charges set forth as "Other Charges" in Attachment A. The Customer Customers also agrees agree to pay IBM Credit additional charges for any returned items of payment received by IBM Credit. The Customer Customers hereby acknowledges acknowledge that any such charges are not interest but that such charges, if unpaid, will constitute part of the Outstanding Advances. (C) The finance charges and Other Charges owed under this Agreement, and any charges hereafter agreed to in writing by the parties, are payable monthly on receipt of IBM Credit's xxxx bill or statement therefor or IBM xx XBM Credit may, in its sole discretion, add unpaid finance charges and Other Charges to the Customer's Customers' Outstanding Advances. (D) If any amount owed under this Agreement, including, without limitation, any Advance, is not paid when due (whether at maturity, by acceleration or otherwise), the unpaid amount thereof will bear a late charge from and including the day after such Advance was due and payable to and including the date IBM Credit receives payment thereof, at a per annum rate equal to the lesser of (a) the amount set forth in Attachment A to this Agreement as the "Delinquency Fee Rate" and (b) the highest rate from time to time permitted by applicable law. In addition, if any Shortfall Amount shall not be paid when due pursuant to Section 2.6 2.8 hereof, Customer Customers shall pay IBM Credit a Shortfall Transaction Fee. If it is determined that amounts received from Customer Customers were in excess of such highest rate, then the amount representing such excess shall be considered reductions to principal of Advances.