Common use of Interest Payments and Repayment Clause in Contracts

Interest Payments and Repayment. Commencing on the first (1st) Payment Date following the applicable Funding Date of each Term Loan, and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make monthly payments of interest in respect of each Term Loan to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, in arrears, and calculated as set forth in Section 2.3. The Terms Loans shall amortize as follows: (i) in the event that the Additional Capital Raise does not occur on or prior to November 23, 2012, (A) with respect to the Term A Loans, commencing on the Amortization Date for the Term A Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term A Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date, and (B) with respect to the Term B Loans, commencing on the Amortization Date for the Term B Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term B Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date; provided, that notwithstanding the foregoing, the principal payments in respect of the Term A Loans and the Term B Loans otherwise due on October 1, 2012 and November 1, 2012 pursuant to this clause (i) shall not be due and payable until the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, or (ii) in the event that the Additional Capital Raise occurs on or prior to November 23, 2012, with respect to the Term Loans, (A) on the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, Borrower shall make a payment of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of (1) $230,000 if such Additional Capital Raise occurs on or prior to November 1, 2012 or (2) $460,000 if such Additional Capital Raise occurs after November 1, 2012, with such payment to be applied pro rata to the Term A Loans and the Term B Loans, (B) commencing on the first Payment Date occurring after closing of the Additional Capital Raise and continuing on the Payment Date of each successive month thereafter through and including the Payment Date occurring on June 1, 2013, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of $230,000, with such payments to be applied pro rata to the Term A Loans and the Term B Loans, and (C) commencing on the Payment Date occurring on July 1, 2013 and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term Loans, and (2) a straight-line amortization schedule ending on the Maturity Date based on the aggregate outstanding principal amount of the Terms Loans as of July 1, 2013 (before giving effect to any principal payment on such date), with such payments to be applied pro rata to the Term A Loans and the Term B Loans. All unpaid principal and accrued interest with respect to the Term Loans is due and payable in full on the Maturity Date. The Term Loans may be prepaid only in accordance with Sections 2.2(c) and 2.2(d).” 2. The Loan Agreement shall be amended by adding the following proviso at the end of Section 2.2(d) thereof: “provided, however, that no Prepayment Fee shall be due and payable if Borrower prepays all of the Term Loans during the period commencing on the date of the closing of the Additional Capital Raise and ending on January 16, 2013 provided that Borrower shall give the Lenders not less than five (5) Business Days’ advance notice of any prepayment during such period.” 3. The Loan Agreement shall be amended by amending and restating Section 6.13 to read as follows:

Interest Payments and Repayment. Commencing on the first (1st) Payment Date following the applicable Funding Date of each Term Loan, and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make monthly payments of interest in respect of each Term Loan to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, in arrears, and calculated as set forth in Section 2.3. The Terms Loans shall amortize as follows: (i) in the event that the Additional Capital Raise does not occur on or prior to November 23, 2012, (A) with With respect to the Term A Loans, commencing on the Amortization Date for the Term A Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term A Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date, and (B) with . With respect to the Term B Loans, commencing on the Amortization Date for the Term B Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term B Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date; provided, that notwithstanding the foregoing, the principal payments in respect of the Term A Loans and the Term B Loans otherwise due on October 1, 2012 and November 1, 2012 pursuant to this clause (i) shall not be due and payable until the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, or (ii) in the event that the Additional Capital Raise occurs on or prior to November 23, 2012, with . With respect to the Term C Loans, (A) on the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, Borrower shall make a payment of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of (1) $230,000 if such Additional Capital Raise occurs on or prior to November 1, 2012 or (2) $460,000 if such Additional Capital Raise occurs after November 1, 2012, with such payment to be applied pro rata to the Term A Loans and the Term B Loans, (B) commencing on the first Payment Amortization Date occurring after closing of the Additional Capital Raise and continuing on the Payment Date of each successive month thereafter through and including the Payment Date occurring on June 1, 2013, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of $230,000, with such payments to be applied pro rata to the Term A Loans and the Term B C Loans, and (C) commencing on the Payment Date occurring on July 1, 2013 and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term C Loans, (2) the effective rate of interest, as determined in Section 2.3, and (23) a straight-line amortization schedule ending on the Maturity Date based on the aggregate outstanding principal amount of the Terms Loans as of July 1, 2013 (before giving effect to any principal payment on such date), with such payments to be applied pro rata to the Term A Loans and the Term B LoansDate. All unpaid principal and accrued interest with respect to the Term Loans is due and payable in full on the Maturity Date. The Term Loans may be prepaid only in accordance with Sections 2.2(c) and 2.2(d).” 2. The Loan Agreement shall be amended by adding the following proviso at the end of Section 2.2(d) thereof: “provided, however, that no Prepayment Fee shall be due and payable if Borrower prepays all of the Term Loans during the period commencing on the date of the closing of the Additional Capital Raise and ending on January 16, 2013 provided that Borrower shall give the Lenders not less than five (5) Business Days’ advance notice of any prepayment during such period.” 3. The Loan Agreement shall be amended by amending and restating Section 6.13 to read as follows:

Interest Payments and Repayment. Commencing on the first (1st) Payment Date following the applicable Funding Date of each Term LoanTranche One, and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make monthly payments of interest in respect of each Term Loan to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, in arrears, and calculated as set forth in Section 2.3. The Terms In addition to the interest payments in accordance with the immediately preceding sentence, Borrower shall make principal payments with respect to the Term Loans shall amortize as follows: (i) in the event that the Additional Capital Raise does not occur on or prior to November 23, 2012, (A) with respect to the Term A Loans, commencing on the Amortization Date for the Term A LoansDate, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity First Amendment Effective Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1A) the amount of such Lender’s Term A Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date, Loans and (B) with respect to the Term B Loans, commencing on the Amortization Date for the Term B Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term B Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date; provided, that notwithstanding the foregoing, the principal payments in respect of the Term A Loans and the Term B Loans otherwise due on October 1, 2012 and November 1, 2012 pursuant to this clause (i) shall not be due and payable until the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, or (ii) in the event that the Additional Capital Raise occurs on or prior to November 23, 2012, with respect to the Term Loans, (A) on the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, Borrower shall make a payment of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of (1) $230,000 if such Additional Capital Raise occurs on or prior to November 1, 2012 or (2) $460,000 if such Additional Capital Raise occurs after November 1, 2012, with such payment to be applied pro rata to the Term A Loans and the Term B Loans, (B) commencing on the first Payment Date occurring after closing of the Additional Capital Raise and continuing on the Payment Date of each successive month thereafter through and including the Payment Date occurring on June 1, 2013, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of $230,000, with such payments to be applied pro rata to the Term A Loans and the Term B Loans, and (C) commencing on the Payment Date occurring on July 1, 2013 and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term Loans, and (2) a straight-line amortization schedule ending on the Maturity Date based Date, (ii) on the aggregate outstanding First Amendment Effective Date, Borrower shall make a principal amount payment of the Terms Loans as of July $1,200,000.00, which payment shall be allocated and paid to each Lender in accordance with its Pro Rata Share, (iii) on January 15, 2013, and on each Payment Date thereafter beginning with February 1, 2013 (before giving effect to any through the Maturity Date, Borrower shall make principal payment payments of $277,419.35 on each such date), which payment shall be allocated and paid to each Lender in accordance with such payments to be applied pro rata to its Pro Rata Share and (iv) Borrower shall pay the remaining outstanding balance of the Term A Loans and Loan on the Term B LoansMaturity Date. All Without limiting the foregoing, all unpaid principal and accrued interest with respect to the Term Loans is due and payable in full on the Maturity Date. The Term Loans may be prepaid only in accordance with Sections 2.2(c) and 2.2(d).” 2. The Loan Agreement shall be amended by adding the following proviso at the end of Section 2.2(d) thereof: “provided, however, that no Prepayment Fee shall be due and payable if Borrower prepays all of the Term Loans during the period commencing on the date of the closing of the Additional Capital Raise and ending on January 16, 2013 provided that Borrower shall give the Lenders not less than five (5) Business Days’ advance notice of any prepayment during such period.” 3. The Loan Agreement shall be amended by amending and restating Section 6.13 to read as follows:

Interest Payments and Repayment. Commencing on the first (1st) Payment Date following the applicable Funding Date of each Term LoanTranche One, and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make monthly payments of interest in respect of each Term Loan to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, in arrears, and calculated as set forth in Section 2.3. The Terms In addition to the interest payments in accordance with the immediately preceding sentence, Borrower shall make principal payments with respect to the Term Loans shall amortize as follows: (i) in the event that the Additional Capital Raise does not occur on or prior to November 23, 2012, (A) with respect to the Term A Loans, commencing on the Amortization Date for the Term A LoansDate, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity First Amendment Effective Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1A) the amount of such Lender’s Term A Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date, Loans and (B) with respect to the Term B Loans, commencing on the Amortization Date for the Term B Loans, and continuing on the Payment Date of each successive month thereafter through and including the Original Maturity Date, Borrower shall make consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term B Loans, (2) the effective rate of interest, as determined in Section 2.3, and (3) a straight-line amortization schedule ending on the Original Maturity Date; provided, that notwithstanding the foregoing, the principal payments in respect of the Term A Loans and the Term B Loans otherwise due on October 1, 2012 and November 1, 2012 pursuant to this clause (i) shall not be due and payable until the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, or (ii) in the event that the Additional Capital Raise occurs on or prior to November 23, 2012, with respect to the Term Loans, (A) on the earlier of the date of the closing of the Additional Capital Raise and November 23, 2012, Borrower shall make a payment of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of (1) $230,000 if such Additional Capital Raise occurs on or prior to November 1, 2012 or (2) $460,000 if such Additional Capital Raise occurs after November 1, 2012, with such payment to be applied pro rata to the Term A Loans and the Term B Loans, (B) commencing on the first Payment Date occurring after closing of the Additional Capital Raise and continuing on the Payment Date of each successive month thereafter through and including the Payment Date occurring on June 1, 2013, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, of $230,000, with such payments to be applied pro rata to the Term A Loans and the Term B Loans, and (C) commencing on the Payment Date occurring on July 1, 2013 and continuing on the Payment Date of each successive month thereafter through and including the Maturity Date, Borrower shall make aggregate consecutive monthly payments of principal to Agent, for payment to each Lender in accordance with its respective Pro Rata Share, as calculated by Agent based upon: (1) the amount of such Lender’s Term Loans, and (2) a straight-line amortization schedule ending on the Maturity Date based Date, (ii) on the aggregate First Amendment Effective Date, Borrower shall make a principal payment of $1,200,000, which payment shall be allocated and paid to each Lender in accordance with its Pro Rata Share, (iii) on September 1, 2013, and on each Payment Date thereafter through the Maturity Date, Borrower shall make principal payments of $277,419.35 on each such date, which payment shall be allocated and paid to each Lender in accordance with its Pro Rata Share and (iv) Borrower shall pay the remaining outstanding principal amount balance of the Terms Loans as of July 1Term Loan on the Maturity Date. Without limiting the foregoing, 2013 (before giving effect to any principal payment on such date), with such payments to be applied pro rata to the Term A Loans and the Term B Loans. All all unpaid principal and accrued interest with respect to the Term Loans is due and payable in full on the Maturity Date. The Term Loans may be prepaid only in accordance with Sections 2.2(c) and 2.2(d).” 2. The Loan Agreement shall be amended by adding the following proviso at the end of Section 2.2(d) thereof: “provided, however, that no Prepayment Fee shall be due and payable if Borrower prepays all of the Term Loans during the period commencing on the date of the closing of the Additional Capital Raise and ending on January 16, 2013 provided that Borrower shall give the Lenders not less than five (5) Business Days’ advance notice of any prepayment during such period.” 3. The Loan Agreement shall be amended by amending and restating Section 6.13 to read as follows: