Common use of Minimum Bookings Clause in Contracts

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: January 1, 2008 through March 31, 2008 $15,000,000.00 April 1, 2008 through June 30, 2008 $11,900,000.00 July 1, 2008 through September 30, 2008 $14,875,000.00 October 1, 2008 through December 31, 2008 $16,150,000.00 January 1, 2009 through March 31, 2009 $10,200,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15, 2009, and (ii) Borrower and Bank shall use best efforts to mutually agree upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year ending December 31, 2009; provided, however, in the event that Borrower and Bank do not agree in writing to same on or before March 31, 2009, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: . January 1, 2008 through March 31, 2008 31,2008 $15,000,000.00 April 1, 2008 through June 30, 2008 $11,900,000.00 July 1, 2008 through September 30, 2008 $14,875,000.00 October 1, 1 2008 through December 31, 2008 $16,150,000.00 January 1, 2009 through March 31, 2009 $10,200,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15, 2009, and (ii) Borrower and Bank shall use best efforts to mutually agree upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year ending December 31, 2009; provided, however, in the event even that Borrower and Bank do not agree in writing to same on or before March 31, 2009, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”” and inserting in lieu thereof the following:

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: . January 1, 2008 through March 31, 2008 31,2008 $15,000,000.00 15,000,000,00 April 1, 2008 through June 30, 2008 $11,900,000.00 11,900,000 00 July 1, 2008 through September 30, 2008 $14,875,000.00 October 1, 1 2008 through December 31, 2008 $16,150,000.00 January 1, 2009 through March 31, 2009 $10,200,000.00 April 1, 2009 through June 30, 2009 $10,400,000.00 July 1, 2009 through September 30, 2009 $12,000,000.00 October 1 2009 through December 31, 2009 $13,600,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15January 31, 20092010, and (ii) Borrower and Bank shall use best efforts to mutually agree in good faith upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year quarter ending December March 31, 20092010; provided, however, in the event even that Borrower and Bank do not agree in writing to same for any reason, in each of their sole and absolute discretion, on or before March January 31, 20092010, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: January 1, 2008 through March 31, 2008 $$ 15,000,000.00 April 1, 2008 through June 30, 2008 $$ 11,900,000.00 July 1, 2008 through September 30, 2008 $$ 14,875,000.00 October 1, 2008 through December 31, 2008 $$ 16,150,000.00 January 1, 2009 through March 31, 2009 $$ 10,200,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15, 2009, and (ii) Borrower and Bank shall use best efforts to mutually agree upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year ending December 31, 2009; provided, however, in the event that Borrower and Bank do not agree in writing to same on or before March 31, 2009, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: . Period Minimum Bookings January 1, 2008 through March 31, 2008 31,2008 $15,000,000.00 15,000,000,00 April 1, 2008 through June 30, 2008 $11,900,000.00 11,900,000 00 July 1, 2008 through September 30, 2008 $14,875,000.00 October 1, 1 2008 through December 31, 2008 $16,150,000.00 January 1, 2009 through March 31, 2009 $10,200,000.00 April 1, 2009 through June 30, 2009 $10,400,000.00 July 1, 2009 through September 30, 2009 $12,000,000.00 October 1 2009 through December 31, 2009 $13,600,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15January 31, 20092010, and (ii) Borrower and Bank shall use best efforts to mutually agree in good faith upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year quarter ending December March 31, 20092010; provided, however, in the event even that Borrower and Bank do not agree in writing to same for any reason, in each of their sole and absolute discretion, on or before March January 31, 20092010, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: Period Minimum Bookings January 1, 2008 through March 31, 2008 $15,000,000.00 April 1, 2008 through June 30, 2008 $11,900,000.00 July 1, 2008 through September 30, 2008 $14,875,000.00 October 1, 2008 through December 31, 2008 $16,150,000.00 January 1, 2009 through March 31, 2009 $10,200,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15, 2009, and (ii) Borrower and Bank shall use best efforts to mutually agree upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year ending December 31, 2009; provided, however, in the event that Borrower and Bank do not agree in writing to same on or before March 31, 2009, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: . January 1, 2008 through March 31, 2008 $$ 15,000,000.00 April 1, 2008 through June 30, 2008 $$ 11,900,000.00 July 1, 2008 through September 30, 2008 $$ 14,875,000.00 October 1, 1 2008 through December 31, 2008 $$ 16,150,000.00 January 1, 2009 through March 31, 2009 $$ 10,200,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15, 2009, and (ii) Borrower and Bank shall use best efforts to mutually agree upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year ending December 31, 2009; provided, however, in the event even that Borrower and Bank do not agree in writing to same on or before March 31, 2009, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”” and inserting in lieu thereof the following:

Minimum Bookings. As of the last day of each quarter set forth below, achieve Bookings, of not less than the following amounts: . January 1, 2008 through March 31, 2008 $$ 15,000,000.00 April 1, 2008 through June 30, 2008 $$ 11,900,000.00 July 1, 2008 through September 30, 2008 $$ 14,875,000.00 October 1, 1 2008 through December 31, 2008 $$ 16,150,000.00 January 1, 2009 through March 31, 2009 $$ 10,200,000.00 April 1, 2009 through June 30, 2009 $ 10,400,000.00 July 1, 2009 through September 30, 2009 $ 12,000,000.00 October 1 2009 through December 31, 2009 $ 13,600,000.00 In addition, (i) Borrower shall provide Bank with updated operating budgets and financial projections in a form acceptable to Bank in its sole discretion on or before March 15January 31, 20092010, and (ii) Borrower and Bank shall use best efforts to mutually agree in good faith upon a Minimum Bookings covenant for the remainder of Borrower’s fiscal year quarter ending December March 31, 20092010; provided, however, in the event even that Borrower and Bank do not agree in writing to same for any reason, in each of their sole and absolute discretion, on or before March January 31, 20092010, then, notwithstanding anything to the contrary in this Agreement, all Obligations shall be due and payable in full on such date. The foregoing shall not be construed in any way as an agreement on behalf of Bank to extend the Revolving Line Maturity Date. Notwithstanding the foregoing, no provision of this Section 6.9(a) shall constitute an agreement by Bank to extend the Revolving Line Maturity Date.”