Common use of Repayment of the Loans Clause in Contracts

Repayment of the Loans. The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (c) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Loans are in excess of the Formula Amount at such time, Loans in an amount equal to such excess (the “Excess Amount”); provided that, to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereof. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies (a) may borrow and prepay Loans in accordance with the terms and conditions hereof, (b) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (bc) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (cd) subject to Section 2(a)(ii)2(a) and the provisos to subsections (w) and (l) of the definitions of “Eligible Accounts” and “Eligible Inventory”, respectively, shall repay on any day on which the then aggregate outstanding principal balance of the Loans are in excess of the Formula Amount at such time, Loans in an amount equal to such excess; provided, however, if such excess (the “Excess Amount”); provided that, is caused by an adjustment by Laurus to the extent that Formula Amount through the creation of reserves under Section 2(a)(i), the changing of advance percentages in Section 2(a)(iii), the amount of Eligible Accounts by reason of clause (w) in the definition thereunder or the amount of Eligible Inventory by reason of clause (l) in the definition thereunder, the Companies fail shall have an additional 60 days to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies Unless Laurus shall otherwise agree in writing, the Company shall be required to (a) may prepay the Obligations from time to time in accordance with the terms and provisions make a mandatory payment hereunder within five (5) days of the Notes date on which the aggregate outstanding principal balance of the Revolving Credit Advances made by Laurus to the Company hereunder is in excess of the Formula Amount (and which shall not include any Overadvances made available to the Company hereunder in connection with an Acquisition pursuant to Section 17 hereof if 2(a)(iii)) plus the sum of two million three hundred thousand dollars ($2,300,000), in an amount equal to such prepayment is due to a termination excess (unless repayment of this Agreementsuch excess shall be otherwise waived by Laurus); and (b) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Loans made by Laurus to the Company hereunder together with accrued and unpaid interest, fees and charges and; and (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (c) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Loans are in excess of the Formula Amount at such time, Loans in an amount equal to such excess (the “Excess Amount”); provided that, to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereof. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the expiration of the Term Loan Term (i) the then aggregate outstanding principal balance of the Term Loan together with accrued and unpaid interest, fees and charges and: (ii) all other amounts owed Calliope under the Secured Convertible Term Note; (c) shall repay on the expiration of the Revolver Term (i) the then aggregate outstanding principal balance of the Revolving Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts Obligations in respect of the Revolving Loans owed Laurus Calliope under this Agreement and the Ancillary Agreements; and (c) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Receivable Revolving Loans are in excess of the Receivable Formula Amount at such time, Receivable Loans in an amount equal to such excess; and (d) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Purchase Order Revolving Loans are in excess (of the “Excess Amount”); provided thatPurchase Order Formula Amount at such time, Purchase Order Revolving Loans in an amount equal to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the respective Maturity Date (as defined in each of the Secured Convertible Term Note and the Secured Non-Convertible Term Note) (i) the then aggregate outstanding principal balance of the respective Note, together with accrued and unpaid interest, fees and charges and: (ii) all other amounts owed Laurus under the respective Note; (c) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Revolving Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (c) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Revolving Loans are in excess of the Formula Amount at such time, Revolving Loans in an amount equal to such excess (the “Excess Amount”); provided that, to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies (a) may prepay the Obligations Loans from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the respective Maturity Date (as defined in each of the Secured Convertible Term Note and the Secured Non-Convertible Term Note) (i) the then aggregate outstanding principal balance of the Term Loan together with accrued and unpaid interest, fees and charges and (ii) all other amounts owed Laurus under the Secured Convertible Term Note and the Secured Non-Convertible Term Note; (c) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Revolving Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (ciii) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Revolving Loans are in excess of the Formula Amount at such time, Revolving Loans in an amount equal to such excess (the “Excess Amount”); provided that, to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds. Upon repayment or prepayment to Laurus of the Obligations in full, the Liens and rights granted to Laurus hereunder in the Collateral shall be terminated pursuant to Section 18.

Repayment of the Loans. The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 18 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the expiration of the Term Loan Term (i) the then aggregate outstanding principal balance of the Term Loan together with accrued and unpaid interest, fees and charges; and (ii) all other amounts owed the Lenders under the Secured Convertible Term Notes; (c) shall repay on the expiration of the Revolver Term (i) the then aggregate outstanding principal balance of the Revolving Loans together with accrued and unpaid interest, fees and charges andcharges; and (ii) all other amounts Obligations in respect of the Revolving Loans owed Laurus the Creditor Parties under this Agreement and the Ancillary Agreements; and (cd) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Receivable Revolving Loans are in excess of the Receivable Formula Amount at such time, the Receivable Revolving Loans in an amount equal to such excess; and (e) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Purchase Order Revolving Loans are in excess (of the “Excess Amount”); provided thatPurchase Order Formula Amount at such time, Purchase Order Revolving Loans in an amount equal to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

Repayment of the Loans. The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the Maturity Date (as defined in the Secured Term Note A) (i) the then aggregate outstanding principal balance of the Term Loan A together with accrued and unpaid interest, fees and charges and: (ii) all other amounts owed Laurus under the Secured Term Note A; (c) shall repay on the Maturity Date (as defined in the Secured Term Note B) (i) the then aggregate outstanding principal balance of the Term Loan B together with accrued and unpaid interest, fees and charges and: (ii) all other amounts owed Laurus under the Secured Term Note B; (d) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Revolving Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (ce) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Loans are in excess of the Formula Amount at such time, Loans in an amount equal to such excess (the “Excess Amount”); provided that, to the extent that the Companies fail to repay in full the Excess Amount within three days from the date such Excess Amount shall have first occurred, in addition to all other rights and remedies available to Laurus hereunder and under the Ancillary Agreements, Laurus shall have the right, but not the obligation, to sell, transfer or otherwise dispose of such Collateral as may be pledged to Laurus from time to time pursuant to the X’Xxxxxxx Stock Pledge Agreement to the extent necessary to generate cash proceeds sufficient to repay in full, and Laurus shall apply such cash proceeds in repayment of, such Excess Amount plus such other costs and expenses incurred by Laurus as a result thereofexcess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.