Common use of Indexing Clause in Contracts

Indexing. If on the Commencement Date, the highest yield on four (4) year Treasury Notes, as published in THE WALL STREET JOURNAL, with a maturity date on or closest to the maturity date of this Schedule (the "Index"), exceeds 4.33% (the "Yield"), the Monthly Rental Payment provided herein shall automatically be increased for the full term to reflect such increase in the Yield. As soon as practicable thereafter, Lessor shall provide Lessee with written notice of any increase in the Monthly Rental Payment. Lessor's calculations shall be conclusive absent manifest error. This Master Lease Schedule cancels and supercedes previous dated January 18, 1999 by Xxxxxx. LESSOR: LESSEE: FINOVA CAPITAL CORPORATION TOMAHAWK II, INC. BY: /s/ X. Xxxxxxx BY: /s/ Xxxxxxx X. Xxxxxx ---------------------- ----------------------------- PRINTED NAME: X. Xxxxxxx PRINTED NAME: Xxxxxxx X. Xxxxxx ------------------- -------------------- TITLE: Director, Cont. Admn. TITLE: VP-Finance & CFO ------------------------ --------------------------- ADDRESS: ADDRESS: 000 XXXX XXXXXXX XXXX, P.O. BOX 907 8315 CENTURY PARK, COURT #200 PARAMUS, NEW JERSEY 07653 SAN DIEGO, CALIFORNIA 92123

Indexing. If on the Commencement Date, the highest yield on four (4) year Treasury Notes, as published in THE WALL STREET JOURNALThe Wall Street Journal, with a maturity date on or closest to the maturity date of this Schedule (the "Index"), exceeds 4.33% (the "Yield"), the Monthly Rental Payment provided herein shall automatically be increased for the full term to reflect such increase in the Yield. As soon as practicable thereafter, Lessor shall provide Lessee with written notice of any increase in the Monthly Rental Payment. Lessor's calculations shall be conclusive absent manifest error. This Master Lease Schedule cancels and supercedes previous dated January 18, 1999 by Xxxxxx. LESSOR: LESSEE: FINOVA CAPITAL CORPORATION TOMAHAWK II, INC. BY: /s/ X. Xxxxxxx BY: /s/ Xxxxxxx X. Xxxxxx ---------------------- ----------------------------- -------------------------------- ---------------------------- PRINTED NAME: X. Xxxxxxx PRINTED NAME: Xxxxxxx X. Xxxxxx ------------------- -------------------- TITLE: Director, Cont. Admn. Contr Admin TITLE: VP-VP Finance & CFO ------------------------ --------------------------- ------------------------- ADDRESS: ADDRESS: 000 XXXX XXXXXXX XXXX, P.O. BOX 907 8315 CENTURY PARK, COURT #200 PARAMUS, NEW JERSEY 07653 SAN DIEGO, CALIFORNIA 9212392123 DATE ACCEPTED: 12-2-98 DATED: 12/19/98 FINOVA FINANCIAL INNOVATORS VIA FACSIMILE 000 XXXX XXXXXXX XXXX P.O. BOX 907 PARAMUS, NEW JERSEY 07653 December 1, 1998 TEL (000) 000-0000 Xx. Xxxxxxx X. Lorber Tomahawk II, Inc. 0000 Xxxxxxx Xxxx Xxxxx #000 Xxx Xxxxx, XX 00000 Re: Master Lease Schedule No. C0856001 to Equipment Lease No. C0856001 between Tomahawk II, Inc. as Lessee and FINOVA Capital Corporation as Lessor (the "Lease Agreement"). Dear Xx. Xxxxxx: Please be advised that the monthly rental payments as currently stated on the Master Lease Agreement, being six months at $6,435.43 followed by forty-two months at $11,329.53 were calculated based upon CNC Associates. Inc. payoff (the "CNC Payoff") amount of $397,248.60. It has been determined that the CNC Payoff has been increased to $398,158.86 and therefore the monthly rental payments will increase to six months at $6,450.17 followed by forty-two months at $11,355.49. All other terms and conditions of the Lease Agreement remain unchanged. Your signature below will acknowledge the foregoing. Very truly yours, FINOVA Capital Corporation Xxxxxxx X. Xxxxxxx Director, Contract Administration ACKNOWLEDGED AND AGREED: BY: TOMAHAWK II, INC. By: /s/ Xxxxxxx X. Xxxxxx Dated: 12/1/98 Exhibit B FINOVA Capital Corporation 000 Xxxx Xxxxxxx Xxxx P.O. Box 907 Paramus, New Jersey 07653 Telephone (000) 000-0000 CORPORATE RESOLUTION AUTHORIZING LEASE I, Xxxxxxx Xxxxxx the duly elected Secretary of Tomahawk II, Inc., a California corporation do hereby certify that at a Special Meeting of the Board of Directors of said Corporation held on the 23rd day of October, 1998, the following resolution was adopted and remains in full force and effect: "RESOLVED, that any President, Vice President, Treasurer or Secretary or if not such officer then the authorized signatory listed below, be and are authorized and directed to enter into, execute and deliver on behalf of this Corporation a Lease Agreement with FINOVA Capital Corporation whereby this Corporation will lease certain equipment on such terms and conditions as set forth in said lease, a copy of which lease was exhibited to the Board of Directors or such other terms as such officers deem advisable." Fill in name of authorized signatory if an officer does not execute Lease ______________________________

Indexing. If on the Commencement Date, the highest yield on four (4) year Treasury Notes, as published in THE WALL STREET JOURNAL, with a maturity date on or closest to the maturity date of this Schedule (the "Index"), exceeds 4.33% (the "Yield"), the Monthly Rental Payment provided herein shall automatically be increased for the full term to reflect such increase in the Yield. As soon as practicable thereafter, Lessor shall provide Lessee with written notice of any increase in the Monthly Rental Payment. Lessor's calculations shall be conclusive absent manifest error. This Master Lease Schedule cancels and supercedes previous dated January 18, 1999 by Xxxxxx. LESSOR: LESSEE: FINOVA CAPITAL CORPORATION TOMAHAWK II, II INC. BY: /s/ X. Xxxxxxx BY: /s/ Xxxxxxx X. Xxxxxx ---------------------- ----------------------------- ------------------------- ---------------------------- PRINTED NAME: X. Xxxxxxx PRINTED NAME: Xxxxxxx X. Xxxxxx --------------- ------------------- -------------------- TITLE: Director, Cont. Admn. TITLE: VP-Finance & CFO ------------------------ --------------------------- ---------------------- -------------------------- ADDRESS: ADDRESS: 000 XXXX XXXXXXX XXXX, P.O. BOX 907 8315 CENTURY PARK, COURT #200 PARAMUS, NEW JERSEY 07653 SAN DIEGO, CALIFORNIA 9212392123 DATE ACCEPTED: DATED: 1/18/99 ------------------ --------------- Schedule "A" to Master Lease Schedule No. C0856002 to Equipment Lease No. C0856001 between Tomahawk II, Inc. as Lessee and FINOVA Capital Corporation as Lessor. Qty Description

Indexing. If on the Commencement Date, the highest yield on four (4) year Treasury Notes, as published in THE WALL STREET JOURNAL, with a maturity date on or closest to the maturity date of this Schedule (the "Index"), exceeds 4.33% (the "Yield"), the Monthly Rental Payment provided herein shall automatically be increased for the full term to reflect such increase in the Yield. As soon as practicable thereafter, Lessor shall provide Lessee with written notice of any increase in the Monthly Rental Payment. Lessor's calculations shall be conclusive absent manifest error. This Master Lease Schedule cancels and supercedes previous dated January 18, 1999 by Xxxxxx. LESSOR: LESSEE: FINOVA CAPITAL CORPORATION TOMAHAWK II, INC. BY: /s/ X. Xxxxxxx BY: /s/ Xxxxxxx X. Xxxxxx ---------------------- ----------------------------- ------------------------------- ---------------------------- PRINTED NAME: X. Xxxxxxx PRINTED NAME: Xxxxxxx X. Xxxxxx ------------------- -------------------- --------------------- ------------------ TITLE: Director, Cont. Admn. TITLE: VP-VP Finance & CFO ------------------------ --------------------------- ---------------------------- ------------------------- ADDRESS: ADDRESS: 000 XXXX XXXXXXX XXXX, P.O. BOX 907 8315 CENTURY PARK, COURT #200 PARAMUS, NEW JERSEY 07653 SAN DIEGO, CALIFORNIA 9212392123 DATE ACCEPTED: DATED: 11/19/98 --------------------- --------------------------