Common use of Illegality; Impracticability Clause in Contracts

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or by telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. Witness: Borrower: The Goldfield Corporation /s/ Xxxxx Xxxxxx By: /s/ Xxxxxxx X Xxxxxx Print Name: Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Vice President

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or (which may be delivered by telecopyelectronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessAPPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: Borrower: The Goldfield Corporation /s/ Xxxxx Xxxxxx By: /s/ Xxxxxxx X Xxxxxx Print Name: Name: Xxxxxx Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT D Resolutions (See attached.)

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or by telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessAPPLIED OPTOELECTRONICS, INC. WITNESS: Borrower: The Goldfield Name of Corporation /s/ Xxxxx Xxxxxx _____________________________________ By: /s/ Xxxxxxx X Xxxxxx Print Name: _____________________________________ Name: Xxxxxx Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Vice PresidentTitle: Chief Financial Officer _____________________________________ By:

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or (which may be delivered by telecopyelectronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessAPPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: Borrower: The Goldfield Corporation /s/ Xxxxx Xxxxxx By: /s/ Xxxxxxx X Xxxxxx Print Name: Name: Xxxxxx Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT B Term Note (See attached.)

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or by telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at a Standard Advance. Time is of the Standard Rateessence of this Addendum. WitnessThis Addendum is executed under seal. BORROWER: BorrowerATTEST: The Goldfield Corporation /s/ Xxxxx Xxxxxx Xxxxx GLADSTONE CAPITAL CORPORATION, a Maryland corporation Name of Corporation Title: CFO and Treasurer By: /s/ Xxxxxxx X Xxxxxx Print Name: Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Vice PresidentXXXXXX XXXXXXXX III (corporate seal) 2 QuickLinks

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or (which may be delivered by telecopyelectronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessAPPLIED OPTOELECTRONICS, INC. Name of Corporation WITNESS: Borrower: The Goldfield Corporation /s/ Xxxxx Xxxxxx By: /s/ Xxxxxxx X Xxxxxx Print Name: Name: Xxxxxx Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Title: Chief Financial officer By: Print Name: Name: Xxxxx Xxx Title: Vice President, General Counsel and Secretary EXHIBIT C CapEx Note (See attached.) 40

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of tof contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or by telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, Bank and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessThis Addendum shall operate as a sealed instrument. If Borrower Is a Corporation: BorrowerWITNESS: The Goldfield Corporation /s/ Xxxxx DELTA NATURAL GAS COMPANY, INC. (Name of Corporation) /s/W. Hxxxxx Xxxxxx By: /s/ Xxxxxxx X Xxxxxx Print Name: Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Vice PresidentBy:/s/ Gxxxx X. Xxxxxxxx (SEAL)

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s 's ability to make LIBOR Advances generally, then, and in any such event, Bank shall give notice (by telephone confirmed in writing or (which may be delivered by telecopyelectronic means)) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. WitnessAPPLIED OPTOELECTRONICS, INC. WITNESS: Borrower: The Goldfield Name of Corporation /s/ Xxxxx Xxxxxx X. Xx By: /s/ Xxxxxxx X Xxxxxx Xxxxx Print Name: Name: Xxxxxx Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Xxxxx X. Xx Title: Chief Financial Officer /s/ Xxxxx X. Xx By: /s/ Xxxxx Xxx Print Name: Name: Xxxxx Xxx Xxxxx X. Xx Title: Vice President, General Counsel and Secretary

Illegality; Impracticability. In the event that Bank shall determine, which determination shall be final, conclusive and binding, that the making, maintaining or continuance of any portion of a LIBOR Advance (i) has become unlawful as a result of compliance by Bank with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any of the same not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause Bank material hardship, as a result of contingencies occurring after the date of this Note materially and adversely affect the London interbank market or Bank’s ability to make LIBOR Advances generally, then, and in any such event, Bank shall give Account # 9660933082 / Note # 00002 (LIBOR Note Add’n (FL) (NB)1906 1 notice (by telephone confirmed in writing or by telecopy) to Borrower of such determination. Thereafter, (x) the obligation of Bank to make any LIBOR Advances or to convert any portion of the loan to a LIBOR Advance shall be suspended until such notice shall be withdrawn by Bank, and (y) any request by Borrower for a LIBOR Advance shall be deemed to be a request for an advance at the Standard Rate. Witness: Borrower: The Goldfield Corporation /s/ Xxxxx Xxxxxx XXXXX XXXXXXXX By: /s/ XXXXXXX X. XXXXXX Print Name: Xxxxx Xxxxxxxx Xxxxxxx X Xxxxxx X. Xxxxxx, Its Sr. Vice President /s/ XXXXX XXXXXX Print Name: Xxxxx Xxxxxx Xxxxxxx X Xxxxxx, Its Senior Vice PresidentAccount # 9660933082 / Note # 00002