Common use of Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms Clause in Contracts

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the Borrowers, but each Lender’s Term Loan to the Borrowers shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable in sixteen (16) consecutive quarterly installments each in the principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the final installment of the remaining principal balance and accrued and unpaid interest due and payable on the Maturity Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing DateDate unless otherwise consented to by such Lender pursuant to Section 2.10 [Increase in Commitments]. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable in sixteen as follows: four (164) consecutive quarterly installments each in the principal amount payments of One Million Five Hundred Thousand $500,000 payable on July 1, 2009, October 1, 2009, January 1, 2010 and 00/100 Dollars April 1, 2010; four (4) quarterly payments of $1,500,000.00)750,000 payable on July 1, which installments are due 2010, October 1, 2010, January 1, 2011 and April 1, 2011; and four (4) quarterly payments of $1,250,000 payable by the Borrowers beginning on July 1, 2011, October 1, 2011, January 1, 2012 and the date which is the three (3) year anniversary of the Closing Date; provided, however, that upon the Borrower’s election to increase the Term Loan Commitments pursuant to Section 2.10 [Increase in Commitments], the Borrower shall, in addition to the amounts set forth above, pay to the Lenders on each Payment Date thereafterDate, with the final installment of an amount equal to any increase in Term Loan divided by the remaining repayments dates until the Expiration Date, together with any and all remaining principal balance and accrued and unpaid interest due and payable on the Maturity Expiration Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Second Amendment Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable payable, with respect to principal, as follows (subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement): in sixteen (16) consecutive quarterly installments installments, each in an amount equal to the principal amount Principal Payment Amount applicable as of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00)such Payment Date, which installments are due and payable by the Borrowers beginning July commencing on May 1, 2012 2018 and continuing on each Payment Date thereafter, with all remaining outstanding principal on the final installment of the remaining principal balance and accrued and unpaid interest Term Loans due and payable in full on the Maturity Expiration Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s 's Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s 's Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Second Amendment Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable payable, with respect to principal, as follows (subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement): in sixteen (16) consecutive quarterly installments each installments, calculated in accordance with the principal amount of One Million Five Hundred Thousand amortization schedule set forth below, commencing on July 2, 2018 and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and continuing on each Payment Date thereafter, with all remaining outstanding principal on the final installment of the remaining principal balance and accrued and unpaid interest Term Loans due and payable in full on the Maturity Expiration Date.. Year 1 5.0% Year 2 5.0% Year 3 7.5% Year 4 7.5% Year 5 10% Expiration Date Balance

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make a Term Loans Loan to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the day which is thirty (30) days after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Borrower shall repay the Term Loans shall be payable to the Agent for the benefit of the Lenders in sixteen (16) consecutive quarterly installments of $2,500,000.00, payable on the last Business Day of each in December, March, June and September, commencing December 31, 2010, and with a final installment on the Expiration Date equal to the then aggregate unpaid principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00)the Term Loans, which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, together with the final installment of the remaining principal balance and all accrued and unpaid interest due and payable on the Maturity Dateall other amounts owing hereunder.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers shall be in equal its Ratable Share of the proportion requested Term Loan, provided that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the Borrowers, but each no Lender’s Term Loan to the Borrowers shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date, and any portion of the Term Loan Commitment not drawn on the Closing Date shall automatically expire. The Term Loan Commitments are not revolving credit commitments, and the Borrowers shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans Subject to the limitations set forth in Section 12.14 [Foreign Loan Parties], the Borrowers shall be payable in sixteen (16) consecutive quarterly installments each in repay to the Lenders the aggregate principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00)all Term Loans outstanding on the first day of each fiscal quarter, which installments are due and payable by the Borrowers beginning commencing on July 1, 2012 2019, in an amount equal to two and on each Payment Date thereafter, a half percent (2.50%) of the aggregate principal amount of the Term Loan Commitments of all of the Lenders (which amounts shall be reduced as a result of the application of voluntary and mandatory prepayments in accordance with the final installment order of the remaining principal balance priority set forth in Section 5.6 [Voluntary Prepayments] and accrued and unpaid interest due and payable on the Maturity DateSection 5.7 [Mandatory Prepayments]).

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make a Term Loans Loan to the Borrowers Borrower shall be in the proportion that such Lender’s 's Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s 's Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable in sixteen (16) consecutive quarterly installments each in as follows: Fiscal Quarters Ending Amount Equal to the principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the final installment Applicable Percentage Set Forth Below of the remaining Initial Term Loan September 30, 2014 through June 30, 2015 2.5% September 30, 2015 through June 30, 2017 3.75% September 30, 2017 through June 30, 2019 5.00% Maturity Date Any and all outstanding principal balance and accrued and unpaid interest due and payable on the Maturity Date.interest

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable paid in sixteen consecutive quarterly principal payment on the last Business Day of each December, March, June and September with the first payment commencing on December 31, 2013 as follows: (16i) twenty consecutive quarterly installments each in the principal amount of One Million Five Hundred Thousand $1,875,000 and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the ii) a final installment of the all remaining principal balance and accrued and unpaid interest due and payable on the Maturity Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower on the Closing Date shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The principal amount of the Term Loans shall be payable by the Borrower in sixteen (16) consecutive quarterly installments on the last day of each calendar quarter commencing September 30, 2020, each in an amount equal to two and one-half percent of the aggregate amount of the Term Loans made on the Closing Date (i.e., $4,375,000 per quarter), with a final payment due on the Term Loan Maturity Date equal to the total outstanding principal amount of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00)the Term Loans. On the Term Loan Maturity Date, which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the final installment of the remaining principal balance and all accrued and unpaid interest due and payable on the Maturity DateTerm Loans shall be payable.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable paid in sixteen consecutive quarterly principal payments on the first Business Day of each January, April, July and October with the first payment commencing on October 1, 2016 as follows: (16i) twenty consecutive quarterly installments each in the principal amount of One Million Five Hundred Thousand $5,000,000 and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the ii) a final installment of the all remaining principal balance and accrued and unpaid interest due and payable on the Maturity Date.

Nature of Lenders’ Obligations with Respect to Term Loans; Repayment Terms. The obligations of each Lender to make Term Loans to the Borrowers Borrower shall be in the proportion that such Lender’s Term Loan Commitment bears to the Term Loan Commitments of all Lenders to the BorrowersBorrower, but each Lender’s Term Loan to the Borrowers Borrower shall never exceed its Term Loan Commitment. The failure of any Lender to make a Term Loan shall not relieve any other Lender of its obligations to make a Term Loan nor shall it impose any additional liability on any other Lender hereunder. The Lenders shall have no obligation to make Term Loans hereunder after the Closing Date. The Term Loan Commitments are not revolving credit commitments, and the Borrowers Borrower shall not have the right to borrow, repay and reborrow under Section 3.1 [Term Loan Commitments]. The Term Loans shall be payable paid in sixteen consecutive quarterly principal payments on the first Business Day of each January, April, July and October with the first payment commencing on October 1, 2013 as follows: (16i) twenty consecutive quarterly installments each in the principal amount of One Million Five Hundred Thousand $5,000,000 and 00/100 Dollars ($1,500,000.00), which installments are due and payable by the Borrowers beginning July 1, 2012 and on each Payment Date thereafter, with the ii) a final installment of the all remaining principal balance and accrued and unpaid interest due and payable on the Maturity Date; provided, however, that if the Acquisition is not consummated within five (5) Business Days of the Closing Date, the entire unpaid principal balance of the Term Loans, together with all accrued interest and all other sums and costs incurred by the Borrower with respect to the Term Loans pursuant to the terms hereof shall be due and payable on the date that is six (6) Business Days after the Closing Date and thereupon the Term Loan Commitments shall be and shall be deemed to be terminated. Any such prepayment shall be subject to the Borrower’s Obligation to indemnify the Lenders under Section 5.9 [Indemnity].