New First Loan. Buyer shall obtain a new loan set forth in this section as 83 follows: Conventional FHA VA Other 84 . 85 This loan will be secured by a (1st, 2nd, etc.) deed of trust. 86 The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items 87 for a total loan amount, not in excess of $ , which shall be amortized over a 88 period of years at approximately $ per month including principal and interest not 89 to exceed % per annum, plus, if required by Buyer's lender, a monthly deposit of 1/12 of the 90 estimated annual real estate taxes, property insurance premium, and mortgage insurance premium. If the loan 91 is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall 92 not exceed the figures set forth above. 93 Loan discount points, if any, shall be paid to lender at Closing and shall not exceed % of the 94 total loan amount. Notwithstanding the loan's interest rate, the first loan discount points shall 95 be paid by , and the balance, if any, shall be paid by .

New First Loan. Buyer shall obtain a new loan set forth in this section as follows: Conventional FHA VA Other . This loan will be secured by a (1st, 2nd, etc.) deed of trust. The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items for a total loan amount, not in excess of $ , which shall be amortized over a period of years at approximately $ per month including principal and interest not to exceed % per annum, plus, if required by Xxxxx's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at Closing and shall not exceed % of the total loan amount. Notwithstanding the loan's interest rate, the first loan discount points shall be paid by , and the balance, if any, shall be paid by . Buyer shall timely pay Xxxxx's loan costs and a loan origination fee not to exceed % of the loan amount. If the loan is an FHA/VA insured or guaranteed loan, Seller shall pay closing costs and fees that Buyer is not allowed to pay, in an amount not to exceed $ ,that Buyer is not allowed by law to pay for tax service and

New First Loan. Buyer agrees to use Buyer's best efforts, at Buyer's expense, to obtain a new first loan commitment within Sixty (60) days of the Effective Date. 6b. PURCHASE SUBJECT TO FIRST 6c. PURCHASE WITH ASSUMPTION OF FIRST 6d. SELLER CARRIES BACK FIRST 6e. NEW SECOND 0x. XXXXXXXX SUBJECT TO SECOND 6g. PURCHASE WITH ASSUMPTION OF SECOND 6h. SELLER CARRIES BACK SECOND 6i. SELLER CARRIES BACK THIRD 6j. ALL INCLUSIVE PROMISSORY NOTE AND DEED OF TRUST 6k. SHORTFALL CLAUSE 6l. NO FINANCING CONTINGENCY  ALL CASH 6m. OTHER FINANCING

New First Loan. Buyer shall obtain a new loan set forth in this section as follows: xConventional o FHA o VA o Other _________________________________________________________________________________________ . This loan will be secured by a 1st deed of trust. No. CBS1-10-06. CONTRACT TO BUY AND SELL REAL ESTATE (ALL TYPES OF PROPERTIES) Page of 2 of 10 Initial: ______ The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items for a total loan amount, not in excess of $1,387,165.00, which shall be amortized over a period of 30 xYearso Months at approximately $11,161.44 per month including principal and interest not to exceed 9% per annum, plus, if required by Buyer’s lender, a deposit of 1/12 of the estimated annual real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at Closing and shall not exceed 1% of the total loan amount.

New First Loan. Buyer agrees to use Buyer's best efforts, at Buyer's expense, to obtain a new first loan in the amount of One Million Twenty Five Thousand dollars ($ 1,025,000 ). Said loan shall be secured by a new first mortgage or deed of trust on the Property. Buyer shall submit a written application to obtain said loan to a bona fide lender within Fourteen ( 14 ) calendar days of the Effective Date and shall authorize said lender to confirm in writing to Seller that lender has received said application. Seller and Buyer agree that the lender’s production of loan documents shall satisfy the financing contingency. If Buyer applies for a loan as stated above and the lender refuses to finance the purchase, then this Agreement will be rendered null and void and Buyer’s Deposit shall be returned to Buyer. If Buyer fails to apply as required hereinabove or if Buyer fails to notify Seller in writing that Buyer has obtained such a loan within Forty Five ( 45 ) calendar days of the Effective Date, then at Seller’s option this Agreement shall be null and void, and the entire Deposit shall be returned to Buyer. Seller agrees to pay any prepayment penalties due on the existing loan(s).

Related to New First Loan

Initial Loan The obligation of the Lender to make its initial Loan hereunder is subject to the satisfaction, immediately prior to or concurrently with the making of such Loan, of the condition precedent that the Lender shall have received all of the following items, each of which shall be satisfactory to the Lender and its counsel in form and substance:
Term Loan The Borrower may, upon notice from the Borrower to the Administrative Agent, at any time or from time to time voluntarily prepay the Term Loan in whole or in part together with the applicable Prepayment Premium; provided that (A) such notice must be received by the Administrative Agent not later than 11:00 a.m. (1) three Business Days prior to any date of prepayment of LIBOR Rate Loans and (2) on the date of prepayment of Base Rate Loans; (B) any such prepayment of LIBOR Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); (C) any prepayment of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); and (D) any prepayment of the Term Loan shall be applied in the inverse order of maturity with respect to the remaining amortization payments. Each such notice shall specify the date and amount of such prepayment and the Type(s) of Loans to be prepaid. The Administrative Agent will promptly notify each Lender of its receipt of each such notice, and of the amount of such Lender’s Applicable Percentage of such prepayment. If such notice is given by the Borrower, the Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. Any prepayment of a LIBOR Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to Section 3.05. On the date of any voluntary prepayment of any Term Loan pursuant to this Section 2.05(a)(ii), the Borrower shall pay to the Administrative Agent, for the benefit of the Lenders, whether before or after an Event of Default, the applicable Prepayment Premium. Subject to Section 2.15, each such prepayment shall be applied to the Loans of the Lenders in accordance with their respective Applicable Percentages.
Term Loan Agreement An Event of Default (as defined in the Term Loan Agreement) shall occur.
Incremental Loan Request Each Incremental Loan Request from the Borrower pursuant to this Section 2.14 shall set forth the requested amount and proposed terms of the relevant Incremental Term Loans or Incremental Revolving Credit Commitments. Incremental Term Loans may be made, and Incremental Revolving Credit Commitments may be provided, by any existing Lender (but each existing Lender will not have an obligation to make any Incremental Commitment, nor will the Borrower have any obligation to approach any existing lenders to provide any Incremental Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Lender”) (each such existing Lender or Additional Lender providing such, an “Incremental Revolving Credit Lender” or “Incremental Term Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agent, each Swing Line Lender and each L/C Issuer shall have consented (not to be unreasonably withheld or delayed) to such Lender’s or Additional Lender’s making such Incremental Term Loans or providing such Revolving Commitment Increases to the extent such consent, if any, would be required under Section 10.07(b) for an assignment of Loans or Revolving Credit Commitments, as applicable, to such Lender or Additional Lender, (ii) with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall be subject to the same restrictions set forth in Section 10.07(l) as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of Term Loans and (iii) Affiliated Lenders may not provide Incremental Revolving Credit Commitments.
Term Loan B Subject to the terms and conditions of this Agreement, each Term Loan B Lender, severally and not jointly, will make a term loan to Borrowers in the amount equal to such Term Loan B Lender’s Term Loan B Commitment Percentage of $21,500,000 (the “Term Loan B”). The Term Loan B shall be advanced on the Closing Date and shall be, with respect to principal, payable as follows, subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement: on or before the date that is forty-five (45) days after the last day of each fiscal quarter (each a “True-Up Date”), commencing with the fiscal quarter ending March 31, 2017 and continuing thereafter through and including the last such date occurring immediately prior to the end of the Term, Borrowers shall repay the Term Loan B in an amount equal to the greater of (x) $537,500 and (y) the Term Loan B Lenders Pro Rata Share of the lesser of (I) 50% of Excess Cash Flow for the most recently ended prior fiscal quarter for which financial statements were delivered to Agents and (II) 50% of the Maximum True Up Amount (provided that Borrowers shall pay the amount set forth in the foregoing clause (x) no later than the first Business Day following the last day of each fiscal quarter, commencing with the fiscal quarter ending March 31, 2017 and continuing thereafter through and including the last such date occurring immediately prior to the end of the Term (it being understood and agreed that if the amount calculated pursuant to the foregoing clause (y) for each such period exceeds the amount set forth in the foregoing clause (x), the difference thereof (if any) shall be paid by Borrowers no later than the applicable True-Up Date)), followed by a final payment of all unpaid principal, accrued and unpaid interest and all unpaid fees and expenses upon expiration of the Term. The Term Loan B shall be evidenced by one or more Term Notes. Term Loan B shall consist of LIBOR Rate Index Loans only.
Bridge Loan The proceeds of the Bridge Loan shall be applied by the Company, together with borrowings under the Credit Agreement, to the payment of the Transaction Costs, to pay for the Acquisitions, to consummate the Tender Offer and to repay other outstanding Indebtedness of the Company.
Term Loan Facility Each Lender severally agrees, on the terms and conditions set forth herein, to make Loans to the Borrower during the period from the Closing Date to June 20, 2003, in an aggregate amount not to exceed such Lender's Pro Rata Share of the Term Commitment. The Borrower from time to time may borrow under the Term Loan Facility (and may reborrow any amount theretofore prepaid) until close of business on June 20, 2003, for a term not to exceed 364 days from the date of the Borrowing. Each such loan under the Term Loan Facility (a "Term Loan") shall be in the minimum amount of $10,000,000 and shall become due and payable on the last day of the term selected by the Borrower for such Term Loan (the "Term Loan Maturity Date"), which shall in no event be later than 364 days from the date of such Term Loan. The maximum availability under the Term Loan Facility shall be the amount of the Credit minus the aggregate outstanding principal amount of Revolving Loans and Term Loans made by the Lenders; provided, however, that to the extent the proceeds of a Term Loan are used to repay an outstanding Revolving Loan (or a portion thereof), such Revolving Loan (or portion thereof) shall not be considered part of the aggregate principal amount of outstanding Revolving Loans made by the Lenders for purposes of this sentence (such maximum availability hereafter being referred to as the "Term Loan Availability"). Under no circumstances shall the aggregate outstanding principal amount of Term Loans and Revolving Loans made by the Lenders exceed the Credit, and under no circumstances shall any Lender be obligated (i) to make any Term Loan (nor may the Borrower reborrow any amount heretofore prepaid) after June 20, 2003, or (ii) to make any Term Loan in excess of the Term Loan Availability. Each Term Loan made hereunder shall fully and finally mature and be due and payable in full on the Term Loan Maturity Date specified in the Borrowing Advice for such Term Loan; provided, however, that to the extent the Borrowing Advice for any Term Loan selects an Interest Period that expires before the Term Loan Maturity Date specified in such Borrowing Advice, the Borrower may from time to time select additional interest rate options and Interest Periods (none of which shall extend beyond the Term Loan Maturity Date for such Term Loan) by delivering a Borrowing Advice or Notice of Conversion/Continuation, as applicable.
Term Loan A Subject to the terms and conditions set forth herein, the Lenders will make advances of their respective Term Loan A Commitment Percentages of a term loan (the “Term Loan A”) in an amount not to exceed the Term Loan A Commitment, which Term Loan A will be disbursed to the Borrower in Dollars in a single advance on the Closing Date. The Term Loan A may consist of Base Rate Loans, Adjusted LIBOR Rate Loans, or a combination thereof, as the Borrower may request. Amounts repaid on the Term Loan A may not be reborrowed.
Term Loan Advance Subject to Section 2.3(b), the principal amount outstanding under the Term Loan Advance shall accrue interest at a floating per annum rate equal to the Prime Rate plus three percent (3.00%), which interest shall be payable monthly.
Loan Fee Borrower agrees to pay Lender a single loan fee per Loan (a “Loan Fee”) equal to $0.001 per Loaned Share. The Loan Fee shall be paid by Borrower on or before the time of transfer of the Loaned Shares pursuant to Section 2(d) on a delivery-versus-payment basis through the facilities of the Clearing Organization.

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