Common use of FIXED RATE ALTERNATIVE PRICING Clause in Contracts

FIXED RATE ALTERNATIVE PRICING. The Borrower may from time to time elect (by notice to the Bank as provided below) that the entire amount of the outstanding principal balance under the Term Loan (the "Term Balance") shall accrue interest on the amount of such Term Balance at a fixed rate for such period of time (the "Interest Period") as the Bank may quote and offer; provided that any such Interest Period (i) shall be for at least 30 days and shall not exceed 1,826 days and (ii) shall not extend beyond the maturity date of the Term Loan. Such fixed rate shall be a percentage which shall be approximately equivalent to 2.000% per annum in excess of the rate which the Bank determines, in its sole and absolute discretion, to be equal to the Bank's cost of acquiring funds in an amount approximately equal to the amount of the Term Balance and for a period of time approximately equal to the relevant Interest Period (the "Fixed Rate"). Such cost of funds shall be adjusted for any and all assessments, surcharges and reserve requirements pertaining to the borrowing or purchase of such funds by the Bank. A Term Balance on which interest is accruing on the basis of the Fixed Rate is hereinafter referred to as a "Fixed Rate Balance" and a Term Balance on which the interest is accruing on the basis of the Variable Rate is hereinafter referred to as a "Variable Rate Balance" . Interest on any Fixed Rate Balance shall be computed on the basis of 360 days per year but charged on the actual number of days elapsed. The Borrower hereby promises and agrees to pay the Bank interest on any Fixed Rate Balance on the basis described above with respect to the Variable Rate. If interest under the Fixed Rate is not paid as and when it is due, the amount of such unpaid interest shall bear interest, until paid in full, at the then applicable interest rate.

FIXED RATE ALTERNATIVE PRICING. The Borrower may from time to time elect (by notice to the Bank as provided below) that the entire amount of the outstanding principal balance under the Term Loan (the "Term Balance") shall accrue interest on the amount of such Term Balance at a fixed rate for such period of time (the "Interest Period") as the Bank may quote and offer; provided that any such Interest Period (i) shall be for at least 30 days and shall not exceed 1,826 ______________ days and (ii) shall not extend beyond the maturity date of the Term Loan; and provided further that the then outstanding Term Balance shall not be less than $500,000.00. Such fixed rate shall be a percentage which shall to be approximately equivalent quoted and offered by the Bank from time to 2.000% per annum in excess time upon the request of the rate which the Bank determines, in its sole and absolute discretion, to be equal to the Bank's cost of acquiring funds in an amount approximately equal to the amount of the Term Balance and for a period of time approximately equal to the relevant Interest Period Borrower (the "Fixed Rate"). Such cost Any telephonic or oral quote or offer by the Bank of funds a Fixed Rate for a given Interest Period may be confirmed in writing by the Bank upon the election (as provided herein) of the Borrower to accept such terms and such confirmation shall be adjusted for any and all assessments, surcharges and reserve requirements pertaining deemed conclusive as to the borrowing terms quoted and offered. Notwithstanding the foregoing, the Term Balance and the Interest Period for the Term Balance shall not be in an amount or purchase for a period of time such that, as a result of scheduled payments on the Term Loan, the amount of the Term Balance would be reduced to an amount less than $100,000.00 at any time prior to the last day of such funds by the BankInterest Period. A Term Balance on which interest is accruing on the basis of the Fixed Rate is hereinafter referred to as a "Fixed Rate Balance" and a Term Balance on which the interest is accruing on the basis of the Variable Rate is hereinafter referred to as a "Variable Rate Balance" ". Interest on any Fixed Rate Balance shall be computed on the basis of 360 days per year but charged on the actual number of days elapsed. The Borrower hereby promises and agrees to pay the Bank interest on any Fixed Rate Balance on the basis described above with respect to the Variable Rate. If interest under the Fixed Rate is not paid as and when it is due, the amount of such unpaid interest shall bear interest, until paid in full, at the then applicable interest rate.

FIXED RATE ALTERNATIVE PRICING. The Borrower may from time to time elect (by notice to the Bank as provided below) that the entire amount of the outstanding principal balance under the Term Loan (the "Term Balance") shall accrue interest on the amount of such Term Balance at a fixed rate for such period of time (the "Interest Period") as the Bank may quote and offer; provided that any such Interest Period (i) shall be for at least 30 days and shall not exceed 1,826 days and (ii) shall not extend beyond the maturity date of the Term Loan. Such fixed rate shall be a percentage which shall to be approximately equivalent quoted and offered by the Bank from time to 2.000% per annum in excess time upon the request of the rate which the Bank determines, in its sole and absolute discretion, to be equal to the Bank's cost of acquiring funds in an amount approximately equal to the amount of the Term Balance and for a period of time approximately equal to the relevant Interest Period Borrower (the "Fixed Rate"). Such cost Any telephonic or oral quote or offer by the Bank of funds a Fixed Rate for a given Interest Period may be confirmed in writing by the Bank upon the election (as provided herein) of the Borrower to accept such terms and such confirmation shall be adjusted for any and all assessments, surcharges and reserve requirements pertaining deemed conclusive as to the borrowing or purchase of such funds by the Bankterms quoted and offered. A Term Balance on which interest is accruing on the basis of the Fixed Rate is hereinafter referred to as a "Fixed Rate Balance" and a Term Balance on which the interest is accruing on the basis of the Variable Rate is hereinafter referred to as a "Variable Rate Balance" ". Interest on any Fixed Rate Balance shall be computed on the basis of 360 days per year but charged on the actual number of days elapsed. The Borrower hereby promises and agrees to pay the Bank interest on any Fixed Rate Balance on the basis described above with respect to the Variable Rate. If interest under the Fixed Rate is not paid as and when it is due, the amount of such unpaid interest shall bear interest, interest until paid in full, at the then applicable interest rate.

FIXED RATE ALTERNATIVE PRICING. The Borrower may from time to time elect (by notice to the Bank as provided below) that the entire amount of the outstanding principal balance under the Term Loan (the "Term BalanceTERM BALANCE") shall accrue interest on the amount of such Term Balance at a fixed rate for such period of time (the "Interest PeriodINTEREST PERIOD") as the Bank may quote and offer; , provided that any such Interest Period (i) shall be for at least 30 days and shall not exceed 1,826 days and (ii) shall not extend beyond the maturity date of the Term Loan. Such fixed rate shall be a percentage which shall to be approximately equivalent quoted and offered by the Bank from time to 2.000% per annum in excess time upon the request of the rate which the Bank determines, in its sole and absolute discretion, to be equal to the Bank's cost of acquiring funds in an amount approximately equal to the amount of the Term Balance and for a period of time approximately equal to the relevant Interest Period Borrower (the "Fixed RateFIXED RATE"). Such cost Any telephonic or oral quote or offer by the Bank of funds a Fixed Rate for a given Interest Period may be confirmed in writing by the Bank upon the election (as provided herein) of the Borrower to accept such terms and such confirmation shall be adjusted for any and all assessments, surcharges and reserve requirements pertaining deemed conclusive as to the borrowing or purchase of such funds by the Bankterms quoted and offered. A Term Balance on which interest is accruing on the basis of the Fixed Rate is hereinafter referred to as a "Fixed Rate Balance" and a Term Balance on which the interest is accruing on the basis of the Variable Rate is hereinafter referred to as a "Variable Rate Balance" ". Interest on any Fixed Rate Balance shall be computed on the basis of 360 days per year but charged on the actual number of days elapsed. The Borrower hereby promises and agrees to pay the Bank interest on any Fixed Rate Balance on the basis described above with respect to the Variable Rate. If interest under the Fixed Rate is not paid as and when it is due, the amount of such unpaid interest shall bear interest, until paid in full, at the then applicable interest rate.