Common use of Prepayment Penalty Upon Acceleration Clause in Contracts

Prepayment Penalty Upon Acceleration. Each Borrower hereby expressly (i) waives, to the extent permitted by law, any right it may have to prepay any Loan in whole or in part, without penalty, upon acceleration of the Maturity Date; and (ii) agrees that if a prepayment of any or all of any Loan is made, the applicable Borrower shall be obligated to pay, concurrently therewith, any Fees applicable thereto. By initialing this provision in the space provided below, the Loan Parties hereby declare that the Lenders’ agreement to make the subject Loan at the Interest Rate and for the term set forth herein constitutes adequate consideration, given individual weight by the undersigned, for this waiver and agreement. BORROWER REPRESENTATIVE’S INITIALS AS TO CLAUSE (b) ABOVE:

Prepayment Penalty Upon Acceleration. Each Borrower hereby expressly (i) waives, to the extent permitted by law, any right it may have to prepay any Loan in whole or in part, without penalty, upon acceleration of the Maturity Date; and (ii) agrees that if a prepayment of any or all of any Loan is made, the applicable Borrower shall be obligated to pay, concurrently therewith, any Fees applicable thereto. By initialing this provision in the space provided below, the Loan Parties hereby declare that the Lenders’ agreement to make the subject Loan at the Interest Rate and for the term set forth herein constitutes adequate consideration, given individual weight by the undersigned, for this waiver and agreement. BORROWER REPRESENTATIVE’S INITIALS AS TO CLAUSE (b) ABOVE:: /s/ DP

Prepayment Penalty Upon Acceleration. Each Borrower hereby expressly (i) waives, to the extent permitted by law, any right it may have to prepay any Loan in whole or in part, without penalty, upon acceleration of the Maturity Date; and (ii) agrees that if a prepayment of any or all of any Loan is made, the applicable Borrower shall be obligated to pay, concurrently therewith, any Fees applicable thereto. By initialing this provision in the space provided below, the Loan Parties hereby declare that the Lenders’ agreement to make the subject Loan at the Interest Rate and for the term set forth herein constitutes adequate consideration, given individual weight by the undersigned, for this waiver and agreement. BORROWER REPRESENTATIVE’S INITIALS AS TO CLAUSE (b) ABOVE:: /s/ JO

Prepayment Penalty Upon Acceleration. Each Borrower hereby expressly (iA) waives, to the extent permitted by law, waives any right it may have to prepay any Loan the Loans in whole or in part, without penalty, upon acceleration of the Maturity Date; and (iiB) agrees that if a prepayment of any or all of any Loan the Loans is made, the applicable Borrower shall be obligated to pay, concurrently therewith, any Fees applicable thereto. By initialing this provision in the space provided below, the Loan Parties hereby declare that the Lenders’ agreement to make the subject Loan at the Interest Rate and for the term set forth herein constitutes adequate consideration, given individual weight by the undersigned, for this waiver and agreement. BORROWER REPRESENTATIVE’S INITIALS AS TO CLAUSE (b) SECTION 10.28 ABOVE:: ___________

Prepayment Penalty Upon Acceleration. Each Borrower hereby expressly (i) waives, to the extent permitted by law, any right it may have to prepay any Loan in whole or in part, without penalty, upon acceleration of the Maturity Date; and (ii) agrees that if a prepayment of any or all of any Loan is made, the applicable Borrower shall be obligated to pay, concurrently therewith, any Fees applicable thereto. By initialing this provision in the space provided below, the Loan Parties hereby declare that the Lenders’ agreement to make the subject Loan at the Interest Rate and for the term set forth herein constitutes adequate consideration, given individual weight by the undersigned, for this waiver and agreement. BORROWER REPRESENTATIVE’S INITIALS AS TO CLAUSE (b) ABOVE:: /s/ AB