Common use of Maturity Date Payments Clause in Contracts

Maturity Date Payments. (a) The Obligations shall be immediately due and payable without any notice, demand or any other action by Lender on the earliest to occur of: (i) October 25, 2002; (ii) the occurrence of an Event of Default; (iii) immediately upon the termination of the Merger Agreement if and only if such termination occurs pursuant to Sections 8.01(e), 8.01(f), 8.01(h), or 8.01(j) thereof; or (iv) the closing of any equity, quasi-equity or debt financing (a "Financing") by any Borrower (collectively, the "Maturity Date"). Notwithstanding the foregoing, in the event that the proceeds from a Financing (the "Financing Proceeds") are less than the outstanding Obligations at such time, Obligations in the amount of the Financing Proceeds shall become immediately due and payable pursuant to Section 2.3(a)(iv), Borrowers shall pay the Financing Proceeds to Lender upon the closing of the Financing and the balance of the Obligations shall remain outstanding and payable by Borrowers in accordance with the terms of this Agreement; provided, however, that any Obligations remaining unpaid pursuant to this Section 2.3(a)(iv) shall remained secured by the first priority, perfected security interest of Lender and shall become immediately due and payable, without notice or demand, upon the next Maturity Date. (b) All Lender Expenses incurred prior to the date of this Agreement shall be paid by Borrower concurrent with the execution of this Agreement by the Borrowers. In additional, all unpaid Lender Expenses accrued prior to the Effective Date (as defined below) of each Credit Extension shall be paid in full by Borrowers prior to such Effective Date. Furthermore, subject to Section 2.3(a), all other unpaid Lender Expenses shall be paid in full by Borrowers within five (5) Business Days of receiving written demand from Lender for the payment of the same.

Maturity Date Payments. (a) The Obligations Each Loan made to a Borrower Party shall be immediately due and payable without any notice, demand or any other action repaid in full by Lender on the earliest to occur of: of (i) October 25(x) with respect to the first two Loans made hereunder, 2002one hundred and eighty (180) days following the funding date of each such Loan; provided that each “Loan” as defined in and made pursuant to the Demand Loan Agreement with a repayment term of one hundred eighty (180) days shall reduce (on a one-to-one basis) the number of Loans subject to this clause (i)(x), and (y) with respect to each subsequent Loan made hereunder, one hundred and twenty (120) days following the funding date of each such Loan, (ii) June 21, 2019 (the “Maturity Date”), and (iii) the date of demand by the Bank after the occurrence of an Event of Default; provided that if any Event of Default has occurred pursuant to clause (iiic), (d), (e) immediately upon the termination or (f) of the Merger Agreement definition thereof, the Bank shall be deemed to have automatically made such demand as of the date such Event of Default first occurred. Upon the occurrence and during the continuance of an Event of Default, the Bank may terminate or suspend its obligation to make additional Loans under this Agreement, declare the Loans and all other Obligations hereunder payable in full, or terminate or suspend the Loan Account; provided that if and only if such termination occurs any Event of Default has occurred pursuant to Sections 8.01(eclause (c), 8.01(f(d), 8.01(h), or 8.01(j(e) thereof; or (ivf) of the closing of any equity, quasi-equity or debt financing (a "Financing") by any Borrower (collectivelydefinition thereof, the "Maturity Date"). Notwithstanding Bank’s obligations to make additional Loans under this Agreement shall terminate, the foregoing, in the event that the proceeds from a Financing (the "Financing Proceeds") are less than the outstanding Loans and all other Obligations at such time, Obligations in the amount of the Financing Proceeds hereunder shall become immediately be due and payable pursuant to Section 2.3(a)(iv)in full, Borrowers shall pay the Financing Proceeds to Lender upon the closing of the Financing and the balance of the Obligations Loan Account shall remain outstanding and payable by Borrowers in accordance with the terms of this Agreement; providedterminate, however, that any Obligations remaining unpaid pursuant to this Section 2.3(a)(iv) shall remained secured all without further action by the first priority, perfected security interest of Lender and shall become immediately due and payable, without notice or demand, upon the next Maturity DateBank. (b) All Lender Expenses incurred In the event the aggregate unpaid principal amount of the Loans exceeds the Maximum Credit, the Borrower Parties shall, without notice or demand of any kind, (1) promptly (not to exceed two (2) Business Days) make such repayments of the Loans to the extent the Borrower Parties have cash reasonably available, (2) within fifteen (15) Business Days to the extent it is necessary to issue a Capital Call Notice, issue a Capital Call Notice and make such repayments of the Loans within such time period, or (3) promptly (not to exceed two (2) Business Days) take such other actions as are reasonably satisfactory to the Bank, as shall be necessary to eliminate such excess. If any Investor requests in writing the approval of the Borrower to withdraw as an Investor in the Borrower, transfer its interest in the Borrower, or reduce such Investor’s Capital Commitment to the Borrower due to Capital Contributions of such Investor being directed to an alternative investment vehicle, parallel fund or comparable structure, then (i) such Investor shall be excluded from the calculation of the Maximum Credit, (ii) the Borrower shall calculate the excess, if any, of the amount by which the Obligations will exceed the Maximum Credit after such withdrawal, transfer or reduction, and (iii) the Borrower Parties shall pay such excess to the Bank prior to or simultaneously with the effectiveness of such withdrawal, transfer or reduction. The Borrower Parties may from time to time prepay the Loans, in whole or in part, without any prepayment penalty whatsoever, provided that any prepayment of the entire principal balance of any Loan advance shall include accrued interest on such advance to the date of such prepayment. (c) Payments received by the Bank shall be applied first to unpaid fees, costs and expenses, second to accrued interest and third to the principal balance of outstanding Loans. If any payment from the Borrower Parties under this Agreement becomes due on a Saturday, Sunday, or a day which is a legal holiday for banks in the State of Illinois, such payment shall be paid by Borrower concurrent with made on the execution immediately following Business Day (unless, in the case of this Agreement by a LIBOR Loan, such immediately following Business Day is the Borrowers. In additionalfirst Business Day of a calendar month, all unpaid Lender Expenses accrued prior to the Effective Date (as defined below) of each Credit Extension in which case such due date shall be paid in full by Borrowers prior to the immediately preceding Business Day) and any such Effective Date. Furthermore, subject to Section 2.3(a), all other unpaid Lender Expenses extension shall be paid included in full by Borrowers within five (5) Business Days of receiving written demand from Lender for the payment of the samecomputing interest under this Agreement.

Maturity Date Payments. (a) The Obligations Unless converted pursuant to Section 4 below, the entire principal amount of this Convertible Note and all accrued but unpaid interest thereon shall be immediately due and payable without any notice, demand or any other action by Lender in full in cash in immediately available funds on the earliest to occur of: six (i6) October 25, 2002; (ii) the occurrence of an Event of Default; (iii) immediately upon the termination month anniversary of the Merger Agreement if and only if such termination occurs pursuant to Sections 8.01(e), 8.01(f), 8.01(h), or 8.01(j) thereof; or Issuance Date (iv) the closing of any equity, quasi-equity or debt financing (a "Financing") by any Borrower (collectively, the "Maturity DateMATURITY DATE"). Notwithstanding the foregoing, in the event that the proceeds from a Financing (the "Financing Proceeds") are less than the outstanding Obligations at such time, Obligations in the amount of the Financing Proceeds Any overdue principal and overdue interest together with any interest thereon shall become immediately be due and payable pursuant upon demand. (b) The Borrower may, with ten (10) Business Days' prior written notice delivered to Section 2.3(a)(iv)the Holder, Borrowers shall pay the Financing Proceeds to Lender upon the closing prepay all or any part of the Financing Principal of, and accrued and unpaid interest on, this Note, without payment of any premium or penalty. All payments on this Note shall be applied first to accrued interest hereon, then to any outstanding fees and expenses, and the balance to the payment of Principal hereof. (c) Payments of Principal of, and interest on, this Note shall be made by check sent to the Holder's address set forth on the signature page hereto or to such other address as the Holder may designate for such purpose from time to time by written notice to the Borrower, in such coin or currency of the Obligations United States of America as at the time of payment shall remain outstanding be legal tender for the payment of public and payable private debts. Alternatively, Principal of, and interest on, this Note with respect to the Maturity Date may be paid by Borrowers electronic wire transfer in accordance with the terms of this Agreement; provided, however, that any Obligations remaining unpaid pursuant to this Section 2.3(a)(iv) shall remained secured instructions provided by the first priority, perfected security interest of Lender and shall become immediately due and payable, without notice or demand, upon Holder to the next Borrower at least ten (10) Business Days prior to the Maturity Date. (bd) All Lender Expenses incurred prior The obligations to make the date payments provided for in this Note are absolute and unconditional and not subject to any defense, set-off, counterclaim, rescission, recoupment, or adjustment whatsoever. The Borrower hereby expressly waives demand and presentment for payment, notice of this Agreement non-payment, notice of dishonor, protest, notice of protest, bringing of suit, and diligence in taking any action to collect any amount called for hereunder, and shall be paid by Borrower concurrent with the execution of this Agreement by the Borrowers. In additional, all unpaid Lender Expenses accrued prior to the Effective Date (as defined below) of each Credit Extension shall be paid in full by Borrowers prior to such Effective Date. Furthermore, subject to Section 2.3(a), all other unpaid Lender Expenses shall be paid in full by Borrowers within five (5) Business Days of receiving written demand from Lender directly and primarily liable for the payment of all sums owing and to be owing hereon, regardless of and without any notice, diligence, act, or omission with respect to the samecollection of any amount called for hereunder.

Maturity Date Payments. (a) The Obligations Each Loan made to a Borrower Party shall be immediately due and payable without any notice, demand or any other action repaid in full by Lender on the earliest to occur of: of (i) October 25(x) with respect to the first two Loans made hereunder, 2002one hundred and eighty (180) days following the funding date of each such Loan; provided that each “Loan” as defined in and made pursuant to the Committed Loan Agreement with a repayment term of one hundred eighty (180) days shall reduce (on a one-to-one basis) the number of Loans subject to this clause (i)(x), and (y) with respect to each subsequent Loan made hereunder, one hundred and twenty (120) days following the funding date of each such Loan, (ii) the occurrence of an Event of Default; Maturity Date, and (iii) immediately upon the termination occurrence of any Event of Default set forth in clause (c), (d), (e) or (f) of the Merger definition thereof. The availability of additional Loans under this Agreement if will automatically terminate, and only if such termination occurs pursuant the Loans and all other Obligations hereunder are payable in full, ON DEMAND by the Bank; provided, the Borrower Parties shall have twenty (20) Business Days to Sections 8.01(ehonor any demand for payment hereunder unless any Event of Default set forth in clause (a) (c), 8.01(f(d), 8.01(h)(e) or (f) of the definition thereof has occurred and is continuing. The Bank reserves the right at any time without notice to terminate the Loan Account, suspend the Borrower Parties’ borrowing privileges, or 8.01(j) thereof; or refuse any Loan request even though the Borrower Parties have complied with all of the terms under this Agreement. To the extent that it has not been terminated earlier, this Agreement and the availability of Loans hereunder shall terminate on June 21, 2019 (iv) the closing of any equity, quasi-equity or debt financing (a "Financing") by any Borrower (collectively, the "“Maturity Date"). Notwithstanding the foregoing, in the event that the proceeds from a Financing (the "Financing Proceeds"”) are less than the outstanding and all unpaid Obligations at such time, Obligations in the amount of the Financing Proceeds shall become immediately be due and payable pursuant to Section 2.3(a)(iv), Borrowers shall pay in full on the Financing Proceeds to Lender upon the closing of the Financing and the balance of the Obligations shall remain outstanding and payable by Borrowers in accordance with the terms of this Agreement; provided, however, that any Obligations remaining unpaid pursuant to this Section 2.3(a)(iv) shall remained secured by the first priority, perfected security interest of Lender and shall become immediately due and payable, without notice or demand, upon the next Maturity Date. (b) All Lender Expenses incurred In the event the aggregate unpaid principal amount of the Loans exceeds the Maximum Credit, the Borrower Parties shall, without notice or demand of any kind, (1) promptly (not to exceed two (2) Business Days) make such repayments of the Loans to the extent the Borrower Parties have cash reasonably available, (2) within fifteen (15) Business Days to the extent it is necessary to issue a Capital Call Notice, issue a Capital Call Notice and make such repayments of the Loans within such time period, or (3) promptly (not to exceed two (2) Business Days) take such other actions as are reasonably satisfactory to the Bank, as shall be necessary to eliminate such excess. If any Investor requests in writing the approval of the Borrower to withdraw as an Investor in the Borrower, transfer its interest in the Borrower, or reduce such Investor’s Capital Commitment to the Borrower due to Capital Contributions of such Investor being directed to an alternative investment vehicle, parallel fund or comparable structure, then (i) such Investor shall be excluded from the calculation of the Maximum Credit, (ii) the Borrower shall calculate the excess, if any, of the amount by which the Obligations will exceed the Maximum Credit after such withdrawal, transfer or reduction, and (iii) the Borrower Parties shall pay such excess to the Bank prior to or simultaneously with the effectiveness of such withdrawal, transfer or reduction. The Borrower Parties may from time to time prepay the Loans, in whole or in part, without any prepayment penalty whatsoever, provided that any prepayment of the entire principal balance of any Loan advance shall include accrued interest on such advance to the date of such prepayment. (c) Payments received by the Bank shall be applied first to unpaid fees, costs and expenses, second to accrued interest and third to the principal balance of outstanding Loans. If any payment from the Borrower Parties under this Agreement becomes due on a Saturday, Sunday, or a day which is a legal holiday for banks in the State of Illinois, such payment shall be paid by Borrower concurrent with made on the execution immediately following Business Day (unless, in the case of this Agreement by a LIBOR Loan, such immediately following Business Day is the Borrowers. In additionalfirst Business Day of a calendar month, all unpaid Lender Expenses accrued prior to the Effective Date (as defined below) of each Credit Extension in which case such due date shall be paid in full by Borrowers prior to the immediately preceding Business Day) and any such Effective Date. Furthermore, subject to Section 2.3(a), all other unpaid Lender Expenses extension shall be paid included in full by Borrowers within five (5) Business Days of receiving written demand from Lender for the payment of the samecomputing interest under this Agreement.