Common use of Lessor Commitment Clause in Contracts

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 of which may be non-standard equipment and soft costs (such non-standard equipment and soft costs may not, at any time, constitute greater than 10% of the then aggregate funding amounts); (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 except for a final advance which may be less than $50,000; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1, 1994; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1, 1993; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing from

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditionsconditions all of which shall be reasonably satisfactory to Lessor: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no 750,000, of which not MORE than $30,000 shall be for the purchase of furniture and not more than $100,000 25,000 shall be for the purchase of which may be nonbuilt-standard equipment in desks and soft costs (such non-standard equipment and soft costs may not, at any time, constitute greater than 10% of the then aggregate funding amounts)shelving; (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 except for a final advance which may be less than $50,000; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1June 30, 19941995 provided, however, Lessor will purchase equipment thereafter, but not after December 31, 1995, if Lessee has complied with Section (3)(viii) below and Lessee delivers to Lessor in June 1995 projections of cash flow forecast, profit and loss projections and balance sheet projections for each month from June 1995 to June 1996, in form and substance acceptable to Lessor; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 13, 19931994; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise otherwise, as determined by Lessor, and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan consisting of a one page Monthly Cash Flow Forecast dated July 20March 5, 1993 a one page Monthly P&L '94 -'95 Projection, dated April 5 and a one page Monthly Balance Sheets '94 -'95 Projection dated 5/5 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor Lessor, on an exclusive basis, all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromfrom any other third party; and (xi) Lessor has received in form and substance acceptable to Lessor: (a) Lessee's interim financial statements signed by a financial officer of Lessee; (b) evidence of Lessee's receipt of $2,000,000 equity after September 1, 1994; and (c) evidence of Lessee's $5,640,000 cash position as of June 30, 1994.

Lessor Commitment. So Subject to the terms and conditions of this Lease and so long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (ia) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 1,500,000 ("Commitment") of which amount Lessor may be non-standard equipment and soft costs (such non-standard equipment and soft costs may notpurchase Soft Costs, at any time, constitute greater than 10for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 15% of the then aggregate funding amounts)utilized commitment; (iib) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 25,000 except for a final advance which may may, be less than $50,00025,000; (iiic) Lessor shall not be obligated to purchase Equipment hereunder after May 1October 31, 19941998; (ivd) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1February 12, 19931998; (ve) the equipment described on the Schedule is acceptable to Lessor; (vif) with respect to each funding funding, Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (viig) there is no material adverse change in Lessee's condition, financial or otherwise otherwise, that would materially impair the ability of Lessee, to meet its payment and other obligations under this Lease, a ("Material Adverse Effect"), as reasonably determined by Lessor, and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, Lease to (zz) the date of the proposed lease of the Equipment; (viiih) at all fundings, Lessee is performing substantially according to its business plan referred to as "Sequenom, Inc., Financial Statement Forecast, Balance Sheet Income Statement and Cash Flow, figures through December 31, 1998 only dated July 20September 24, 1993 (1997 at 7:21 AM viable through October 31, 1998"Business Plan"), as may be amended from time to time in form and substance reasonably acceptable to LessorLessor ("Business Plan"); (ixi) Lessor or its agent has inspected and placed identification labels on the Equipment; (xj) Lessee shall offer to Lessor Lessor, all lease transactions for Equipment equipment contemplated by by, Lessee during the commitment period until expiration of this Leaseall Schedules; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromfrom any other third party; (k) Lessor has received in form and substance reasonably acceptable to Lessor Lessee's interim financial statements signed by a financial officer of Lessee; and (l) prior to the first funding hereunder, Lessor has received (i) evidence satisfactory to Lessor of Lessees receipt of Lessee's most recent equity financing in the amount of $9,350,000 deposited in United States Banks as of January 30, 1998; and (ii) evidence satisfactory to Lessor or Lessee's $1,394,639 cash position as of September 30, 1997.

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each the Schedule, subject to the following conditions: (ia) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 of which may be non-standard equipment the commitment amount shown in the commitment letter executed by Lessee and soft costs Lessor (such non-standard equipment and soft costs may not, at any time, constitute greater than 10% of the then aggregate funding amounts"Commitment Letter"); (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 except for a final advance which may be less than $50,000; (iiib) Lessor shall not be obligated to purchase Equipment hereunder after May 1, 1994the expiration or revocation of the commitment indicated in the Commitment Letter; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1, 1993; (vc) the equipment described on the Schedule is acceptable to Lessor; (vid) with respect to each funding Lessee has provided to Lessor each of the closing documents described in Exhibit A hereto the Commitment Letter (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (viie) there is no material adverse change in Lessee's condition, financial or otherwise and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan")otherwise, as may be amended from time to time in form and substance acceptable to determined by Lessor; (ixf) Lessor has not discovered any additional adverse information about Lessee's condition, financial or otherwise, as determined by Lessor; (g) Lessor, or its agent has agent, has, at its option inspected and placed identification labels on the Equipment; and (xh) Lessee the amount of Equipment purchased by Lessor at any one time shall offer be at least equal to Lessor all lease transactions $20,000 except for Equipment contemplated by Lessee during a final advance which may be less than $20,000. In the commitment period event of a conflict between the terms and conditions of the Commitment Letter and of this Lease; however if Lessor declines to finance any such transaction or Lessee , the terms and Lessor cannot agree upon terms, then Lessee conditions of this Lease shall be free to seek such financing fromgovern.

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 500,000 ("Commitment") of which amount Lessor may be non-standard equipment and soft costs (such non-standard equipment and soft costs may not, at any time, constitute greater than 10finance Soft Costs for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 20% of the then aggregate funding amounts)utilized Commitment; (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 25,000 except for a final advance which may be less than $50,00025,000; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1June 30, 19941997, provided that the funding period may be extended to August 31, 1997 if Lessor has received and accepted Lessee's calendar 1997 monthly financial plan ("1997 Business Plan"); (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1December 31, 19931996 ; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor, and Lessor agrees to hold in confidence and trust and to act in a fiduciary duty (even upon termination of the Lease) with respect to each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise otherwise, as reasonably determined by Lessor and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) at all fundings Lessee is performing according to the Income Statement and Cash Flow portions of its business plan referred to as "Financial Projection, (five pages) including Income Statement, Cash Flow, Transaction Fee Revenue Detail, Private Label Revenue and Revenue Detail by Type" dated July 20September 18, 1993 ("Business Plan")1996, as may be amended by Lessee's 1997 Business Plan and otherwise from time to time in form and substance acceptable to LessorLessor (collectively, "Business Plan"); (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; and (x) Lessee shall offer Lessor has received in form and substance acceptable to Lessor all lease transactions for Equipment contemplated Lessor: (a) Lessee's interim financial statements signed by Lessee during a financial officer of Lessee; (b) hard copy evidence of Lessee's $3,480,000 cash position as of May 31, 1996; (c) Lessee's Capitalization Table; and (d) Lessee's corporate resolution authorizing the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromherein.

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed One Million Dollars ($1,000,000 no more than $100,000 of which may be non-standard equipment and soft costs 1,000,000) (such non-standard equipment and soft costs may not, at any time, constitute greater than 10% of the then aggregate funding amounts"Commitment"); (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to Twenty-five Thousand Dollars ($50,000 25,000) except for a final advance which may be less than Twenty-five Thousand Dollars ($50,00025,000); (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1June 30, 19941998; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1September 30, 19931996; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding funding, Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise otherwise, as determined by Lessor, and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) at the time of all fundings, Lessee is performing according to its business plan referred to as "Detailed Budget Report, July through December 1996 dated 6/30/96, and Balance Sheet Projections for July 20through December, 1993 ("Business Plan")1996, dated June 30, 1996; Balance Sheet Projections for July through December 1996 to be provided by Lessee in a monthly format, and Income Statement and Balance Sheet Projections for years 1997 and 1998 to be provided by Lessee in a monthly format," all as may be amended from time to time time, in form and substance acceptable to LessorLessor (collectively, "Business Plan") which Business Plan is viable only through June 30, 1998; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor Lessor, on an exclusive basis, all lease transactions for Equipment equipment contemplated by Lessee during the commitment period until expiration of this Leaseall Schedules; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromfrom any other third party; and (xi) Lessor has received in form and substance acceptable to Lessor: (a) Lessee's interim financial statements signed by a financial officer of Lessee; (b) evidence of Lessee's Two Million One Hundred Thirty-Four Thousand Five Hundred Thirty-Nine Dollars ($2,134,539) cash position as of June 30, 1996; and (c) Lessee's corporate resolution authorizing the transaction set forth herein.

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (ia) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 2,000,000 ("Commitment") of which amount Lessor may be non-standard equipment and soft costs (such non-standard equipment and soft costs may not, at any time, constitute greater than 10purchase Soft Costs Equipment for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 25% of the then aggregate funding amounts)utilized Commitment; (iib) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 20,000 except for a final advance which may be less than $50,00020,000; (iiic) Lessor shall not be obligated to purchase Equipment hereunder after May 1June 30, 19941998; (ivd) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1June 15, 19931997; (ve) the equipment described on the Schedule is acceptable to LessorLessor and may include equipment manufactured by Lessee provided Lessee certifies such equipment will only be utilized as laboratory equipment; (vif) with respect to each funding Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromin

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 200,000 ("Commitment") of which amount Lessor may be non-standard equipment and finance soft costs (such non-standard equipment as installation and soft costs may notdelivery costs, at any timepurchase tax, constitute greater than software, tooling and items generally considered fungible or expendable for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 10% of the then aggregate funding amounts)utilized Commitment; (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 25,000 except for a final advance which may be less than $50,00025,000; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1June 30, 19941997, provided that the funding period may be extended to July 31, 1997 if Lessor has received and approved in its sole discretion Lessee's monthly 1997 financial plan; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 131, 19931996; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise otherwise, as determined by Lessor, and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing from

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 1,500,000 ("Commitment") of which amount Lessor may be non-standard equipment purchase custom use equipment, installation and soft costs delivery costs, purchase tax, tooling, software, and items generally considered fungible or expendable (such non-standard equipment and soft costs may not, at any time, constitute greater than 10"Soft Cost Equipment") for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 20% of the then aggregate funding amounts)Commitment; (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 25,000 except for a final advance which may be less than $50,00025,000, provided that the ratio of aggregate Soft Cost to non-Soft Cost Equipment theretofore purchased by Lessor as of each funding shall not exceed 1 to 5; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1December 31, 19941997; (iv) all Lease documentation except for Schedule documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1December 31, 19931996; (v) the equipment described on the Schedule is reasonably acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing fromsubsequent