Common use of Revolving Loan Clause in Contracts

Revolving Loan. BANK agrees to lend $3,500,000.00 to BORROWER pursuant to this facility. As a part of this facility, BANK will issue its letters of credit at BORROWER’s request, on BORROWER’s account, pursuant to the BANK’s customary policies and with its standardized documents; provided that the aggregate amount of such letters of credit shall not exceed $1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereof, the BANK will lend the BORROWER, from time to time until the “LOAN TERMINATION DATE” such sums in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until the LOAN TERMINATION DATE, either the full amount of the LOAN COMMITMENT or any lesser sum which is $10,000.00 or an integral multiple thereof. It is the intention of the parties that the outstanding balance of the REVOLVING LOAN shall not exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirement.

Revolving Loan. BANK agrees The Bank agrees, on the terms and subject to the conditions set forth in this Agreement, to lend up to $3,500,000.00 3,500,000 to BORROWER pursuant to this facilitythe Borrower. As a part of this facility, BANK will issue its letters of credit at BORROWERAt the Borrower’s request, on BORROWERthe Borrower’s account, pursuant to the BANKBank’s customary policies and with its standardized documents; provided that , the aggregate amount of such Bank will issue its letters of credit shall up to the same amount so long as the combined amount of letters of credit and Revolving Note does not exceed $1,000,000.00 at any time outstandingthe amount available under the Revolving Loan. BANK The Bank will credit proceeds of this revolving loan (“REVOLVING LOAN”) the Revolving Loan to BORROWERthe Borrower’s deposit account with the BANKBank, bearing number 00000000. 2.7.1 110118183. Subject to the terms hereof, the BANK Bank will lend the BORROWERBorrower, from time to time until the “LOAN TERMINATION DATE” Revolving Loan Termination Date such sums in integral multiples of $10,000.00 10,000 as the BORROWER Borrower may request by reasonable same same-day notice to the BANKBank, received by the BANK Bank not later than 11:00 A.M. a.m. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, outstanding $3,500,000.003,500,000, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK the Bank at the request of and on the account of BORROWER the Borrower (the “LOAN COMMITMENTLoan Commitment”). The BORROWER Borrower may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT Agreement until the LOAN TERMINATION DATERevolving Loan Termination Date, either the full amount of the LOAN COMMITMENT Loan Commitment or any lesser sum which is $10,000.00 10,000 or an integral multiple thereof. It is the intention of the parties that the outstanding balance of the REVOLVING LOAN Revolving Loan, at all such times after July 10, 2006, shall not exceed the BORROWING BASEBorrowing Base, as required in section 6.1.9defined herein, and if at any time said balance exceeds the BORROWING BASEBorrowing Base, BORROWER the Borrower shall forthwith pay BANK the Bank sufficient funds to reduce the balance of the REVOLVING LOAN Revolving Loan until it is in compliance with this requirement.

Revolving Loan. BANK Subject to, and upon the terms, conditions, covenants and agreements contained herein, and in reliance upon the covenants, agreements, representations and warranties of Obligors set forth herein, and provided that at the time of any proposed borrowing hereunder no Default exists, Bank agrees to lend $3,500,000.00 to BORROWER pursuant to this facility. As a part of this facilityBorrower, BANK will issue its letters of credit at BORROWER’s requestand Borrower may borrow, on BORROWER’s accountrepay and reborrow, pursuant to the BANK’s customary policies and with its standardized documents; provided that the aggregate amount of such letters of credit shall not exceed $1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereof, the BANK will lend the BORROWER, and from time to time prior to the Revolving Loan Maturity Date, up to, but not exceeding, an aggregate amount equal to Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00). Each Revolving Credit Advance shall be evidenced by the Revolving Note. Notwithstanding any provision of this Agreement or of the Revolving Note to the contrary, Bank shall not be required to make any Advance under the Revolving Note which would result in an aggregate amount outstanding thereunder in excess of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00). Bank’s business records shall be prima facie evidence of the unpaid principal amount of the Revolving Note, and the amount of accrued but unpaid interest. The principal of and interest to accrue on the Revolving Note shall be due and payable as follows: Interest only on the unpaid principal balance of the Revolving Note shall be due and payable monthly as it accrues, beginning on February 5, 2021, and continuing regularly and monthly on the fifth (5th) day of each month thereafter until the “LOAN TERMINATION DATE” such sums in integral multiples Revolving Loan Maturity Date, at which time the outstanding principal amount advanced under the Revolving Note, together with all accrued but unpaid interest, shall mature and be finally due and payable. All Revolving Credit Advances, and all renewals, extensions, modifications and rearrangements of $10,000.00 as the BORROWER may request by reasonable same day notice Revolving Note, if any, shall be deemed to have been made pursuant to this Agreement and, accordingly, shall be subject to the BANKterms, received by the BANK not later than 11:00 A.M. conditions and provisions hereof, and Borrower shall be deemed to have ratified, as of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until the LOAN TERMINATION DATEeach Revolving Credit Advance and each renewal, either the full amount extension, modification or rearrangement, all of the LOAN COMMITMENT representations, covenants, warranties, promises and agreements set forth herein as of such date. Bank shall never be required to modify, renew, extend or rearrange the Revolving Note, regardless of whether any lesser sum which is $10,000.00 or an integral multiple thereof. It is the intention of the parties that the outstanding balance of the REVOLVING LOAN shall not exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirementDefault has ever occurred.

Revolving Loan. BANK agrees Lenders agree to lend $3,500,000.00 make available to BORROWER pursuant Borrower, in an amount not to this facility. As exceed each such Lender's Percentage of the Revolving Loan, a part of this facility, BANK will issue its letters revolving line of credit at BORROWER’s request, on BORROWER’s account, pursuant to (the BANK’s customary policies and with its standardized documents; provided that "Revolving Loan") in the aggregate maximum principal amount of such letters of credit shall not exceed $1,000,000.00 outstanding at any one time outstandingof SEVENTEEN MILLION DOLLARS ($17,000,000) (the "Revolving Commitment Limit"), which Revolving Loan shall be evidenced by one or more Revolving Notes, each substantially in the form of Exhibit A hereto (each, a "Revolving Note" and collectively the "Revolving Notes"). BANK will credit proceeds Each Revolving Note shall be registered in the name of this revolving loan (“REVOLVING LOAN”) a Lender and shall have a maximum 20 principal amount equal to BORROWER’s deposit account with such Lender's Percentage of the BANK, bearing number 00000000. 2.7.1 Commitment. The Revolving Loan shall mature and be payable in full on the Revolving Maturity Date. Subject to the terms hereofand conditions of this Agreement, the BANK will lend the BORROWERincluding without limitation, Section 3.7, Borrower may from time to time until repay all or a portion of the “LOAN TERMINATION DATE” such sums in integral multiples of $10,000.00 as amounts outstanding under the BORROWER may request by reasonable same day notice Revolving Loan (together with accrued interest to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until repayment on the LOAN TERMINATION DATEprincipal amount so repaid), either which amounts may be reborrowed (subject to the full amount Revolving Commitment Limit and the Available Amount) so long as the Commitment of the LOAN COMMITMENT or any lesser Lenders to make Advances under the Revolving Loan has not been terminated. In no event shall the sum which is $10,000.00 or an integral multiple thereof. It is the intention of the parties that aggregate outstanding Advances plus the outstanding balance Letter of Credit Obligations plus the REVOLVING LOAN shall not Real Estate Reserve exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds lesser of (i) the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce Revolving Commitment Limit or (ii) the balance of the REVOLVING LOAN until it is in compliance with this requirementAvailable Amount.

Revolving Loan. BANK agrees to lend $3,500,000.00 to BORROWER pursuant to this facility. As a part of this facility, BANK will issue its letters of credit at BORROWER’s request, on BORROWER’s account, pursuant to the BANK’s customary policies and with its standardized documents; provided that the aggregate amount of such letters of credit shall not exceed $1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereofand conditions of this Agreement, and subject to there being no Event of Default (or event which might, with the giving of notice or the passage of time, mature into an Event of Default) hereunder, the BANK will Bank agrees to lend and relend to the BORROWERBorrower, upon request by the Borrower made to the Bank in the manner described in Sections 4(b) and (c) below, during the period from the date hereof to the earlier of (A) October 21, 2010, or the termination date of any extension hereof agreed to by the Borrower and the Bank as described below, or (B) the date of the occurrence of an Event of Default, unless waived by the Bank (the earlier of such dates being referred to herein as the “Commitment Termination Date”), a principal sum of up to Five Million Dollars ($5,000,000) (the “Total Commitment Amount”), as the Borrower may from time to time until request for the “LOAN TERMINATION DATE” such sums in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER Borrower’s working capital needs (the “LOAN COMMITMENTRevolving Loan”); provided, however, that the Bank shall not be required to make, and the Borrower shall not be entitled to receive, any Revolving Loan if, after giving effect thereto, the aggregate outstanding principal balance of the Revolving Loan would exceed the Total Commitment Amount. Each Revolving Loan hereunder shall be in the amount of Five Hundred Thousand Dollars ($500,000) or a multiple thereof. The Revolving Loan shall be evidenced by an Eighteenth Amended and Restated Revolving Credit Promissory Note given by the Borrower to the Bank in substantially the form of Exhibit F attached hereto, as amended and/or restated from time to time (the “Revolving Note”). The BORROWER may borrowRevolving Note shall mature and be payable in full on October 21, repay without penalty 2010, unless accelerated or premium extended as described herein. The Revolving Note shall replace the Seventeenth Amended and reborrow hereunderRestated Revolving Credit Promissory Note dated as of December 3, from 2007 given by the date Borrower to the Bank (the “Prior Note”), and amounts outstanding under the Prior Note shall not be deemed cancelled or satisfied, but shall be evidenced by the Revolving Note instead of this AGREEMENT until by the LOAN TERMINATION DATE, either Prior Note. If the full amount outstanding principal balance of the LOAN COMMITMENT Revolving Loan at any time exceeds the Total Commitment Amount, the Borrower shall immediately, without notice or any lesser sum which is $10,000.00 or an integral multiple thereof. It is demand, reduce the intention outstanding principal balance of the parties Revolving Loan such that the Total Commitment Amount is not exceeded. Upon request by the Borrower, the Bank may consider extensions of the Commitment Termination Date, but is not hereby committing in any way thereto. Upon any such extension, at the option of the Bank, the Borrower shall execute a new promissory note substantially identical to the Revolving Note, except reflecting the new Commitment Termination Date, which thereupon shall be the Revolving Note hereunder. Notwithstanding anything to the contrary herein, the Borrower covenants and agrees to pay down the outstanding balance of the REVOLVING LOAN shall Revolving Loan and the Revolving Note to Zero Dollars ($0) for not exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance less than thirty (30) consecutive days during each of the REVOLVING LOAN until it is in compliance Borrower’s fiscal years, having commenced with this requirementthe Borrower’s fiscal year beginning on June 3, 2002.

Revolving Loan. BANK agrees Lenders agree to lend $3,500,000.00 make available to BORROWER pursuant to this facility. As Borrower a part of this facility, BANK will issue its letters -------------- revolving line of credit at BORROWER’s request, on BORROWER’s account, pursuant to (the BANK’s customary policies and with its standardized documents; provided that "Revolving Loan") in the aggregate maximum principal amount of such letters of credit shall not exceed $1,000,000.00 -------------- outstanding at any one time outstandingof FIFTEEN MILLION Dollars ($15,000,000) (the "Revolving Commitment Limit"), which -------------------------- Revolving Loan shall be evidenced by one or more Revolving Notes, each substantially in the form of Exhibit A hereto (each, a "Revolving Note" and --------- -------------- collectively the "Revolving Notes"). BANK will credit proceeds Each Revolving Note shall be registered in --------------- the name of this revolving loan a Lender and shall have a maximum principal amount equal to such Lender's Commitment. The Revolving Loan shall mature and be payable in full on the third anniversary of the Closing Date (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereof, the BANK will lend the BORROWER, "Revolving Maturity Date"). ----------------------- Borrower may from time to time until repay all or a portion of the “LOAN TERMINATION DATE” such sums in integral multiples of $10,000.00 as amounts outstanding under the BORROWER may request by reasonable same day notice Revolving Loan (together with accrued interest to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until repayment on the LOAN TERMINATION DATEprincipal amount so repaid), either which amounts may be re-borrowed (subject to the full Revolving Commitment Limit and the Available Amount) so long as the Commitment of the Lenders to make Advances under the Revolving Loan has not been terminated. With respect to each disbursement of funds under the Revolving Loan (an "Advance"), each Lender is hereby authorized to record, on its books ------- and records, the date and amount of such Advance, the LOAN COMMITMENT or duration of each Interest Period therefor and the interest rate applicable to such Interest Period. The information so recorded by each Lender shall be conclusive in the absence of manifest error. Notwithstanding the foregoing, the failure by any lesser sum which is $10,000.00 or an integral multiple thereof. It is Lender to record any such information shall not impair the intention liability of Borrower to make any payment of the parties that the outstanding balance of the REVOLVING LOAN shall not exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirementObligations when due.

Revolving Loan. BANK Subject to the terms of this Agreement the Bank agrees to lend to the Borrower a total principal amount not to exceed the amount of Five Million Dollars ($3,500,000.00 5,000,000.00) for working capital to BORROWER pursuant be used in the operation of the Borrower's business. The Revolving Loan shall be evidenced by and payable in accordance with the terms of a promissory note in the face amount of $5,000,000.00. The Revolving Note shall evidence the outstanding principal balance of the Revolving Loan, as it may change from time to this facilitytime. As a Advances under the Revolving Loan shall be subject to the following terms: (a) Advances of proceeds of the Revolving Loan shall be limited to an aggregate principal of $5,000,000.00 (the "Maximum Revolving Loan Amount") at any time outstanding; (b) Advances of proceeds of the Revolving Loan shall be in increments of One Hundred Thousand Dollars ($100,000.00) each. (c) Intentionally Deleted; (d) All Revolving Advances by the Bank to or for the account of the Borrower, whether or not in excess of the Maximum Revolving Loan Amount, shall be considered part of this facilitythe Indebtedness under the Revolving Note, BANK shall bear interest as provided in the Revolving Note, and shall be entitled to all rights and benefits hereunder and under all other Loan Documents; and (e) The Borrower shall not request and the Bank will issue its letters of credit at BORROWER’s request, on BORROWER’s account, pursuant not be required to consider requests for Revolving Advances after the BANK’s customary policies and with its standardized documentsMaturity Date; provided that the aggregate amount Bank may in its discretion extend such date in writing and further provided that the repayment obligations of the Borrower for Advances made by the Bank after such letters of credit date (as it may be extended) shall not exceed $1,000,000.00 at be binding on the Borrower or other persons liable for any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject Indebtedness to the terms hereof, the BANK will lend the BORROWER, from time same extent as obligations with respect to time until the “LOAN TERMINATION DATE” Advances made prior to such sums in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until the LOAN TERMINATION DATE, either the full amount of the LOAN COMMITMENT or any lesser sum which is $10,000.00 or an integral multiple thereof. It is the intention of the parties that the outstanding balance of the REVOLVING LOAN shall not exceed the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirementdate.

Revolving Loan. BANK agrees to lend $3,500,000.00 to BORROWER pursuant to this facility. As The Revolving Loan shall be evidenced by a part of this facility, BANK will issue its letters of credit at BORROWER’s request, on BORROWER’s account, pursuant to the BANK’s customary policies and with its standardized documents; provided that the aggregate amount of such letters of credit shall not exceed $1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereof, the BANK will lend the BORROWER, from time to time until the “LOAN TERMINATION DATE” such sums in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from Revolving Note dated the date of this AGREEMENT until Agreement in the LOAN TERMINATION DATEprincipal sum of Four Million and 00/100 Dollars ($4,000,000.00) executed by the Borrower and payable to the order of the Bank on June 15, either 2020 (such note and any and all extensions, renewals, amendments, refinancings, modifications, conversions or consolidations thereof or thereto, the full "Revolving Note"). The date and amount of each advance under the Revolving Loan made by the Bank and of each repayment of principal or interest thereon received by the Bank shall be recorded by the Bank in its records. The aggregate unpaid principal amount and interest so recorded by the Bank shall be rebuttable presumptive evidence as to the principal amount and interest outstanding thereunder, provided, however, that the failure by the Bank so to record any such amount or any error in so recording any such amount shall not limit or otherwise affect the obligations of the Borrower under this Agreement or the Revolving Note to repay the principal amount of the LOAN COMMITMENT entire Revolving Loan together with all interest accrued or any lesser sum accruing thereon. Interest on the Revolving Note shall be payable quarterly in arrears, and shall be payable on the respective dates set forth in the Revolving Note (the terms of which is $10,000.00 or an integral multiple thereofare incorporated herein by reference). It is Interest shall accrue on the intention unpaid principal balances of the parties that Revolving Note calculated at the outstanding balance of applicable rate set forth in the REVOLVING LOAN Revolving Note. Borrower shall not exceed the BORROWING BASEpay principal, as required in section 6.1.9interest, and if at all other amounts payable under the Revolving Note, this Agreement and any time said balance exceeds the BORROWING BASEother Loan Document without any deduction whatsoever, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirementincluding, but not limited to, any deduction for any setoff or counterclaim.

Revolving Loan. BANK agrees to lend $3,500,000.00 to BORROWER pursuant to this facility. As a part of this facility, BANK will issue its letters of credit at BORROWER’s request, on BORROWER’s account, pursuant to the BANK’s customary policies and with its standardized documents; provided that the aggregate amount of such letters of credit shall not exceed $1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan (“REVOLVING LOAN”) to BORROWER’s deposit account with the BANK, bearing number 00000000. 2.7.1 Subject to the terms hereofand conditions of this Agreement and in reliance upon the representations and warranties of Borrower contained herein, the BANK will each Lender agrees, severally and not jointly, to lend the BORROWER, to Borrower from time to time until during the “LOAN TERMINATION DATE” such sums in integral multiples period from the Closing Date to and excluding the Expiry Date, its Pro Rata Share of $10,000.00 as the BORROWER may request by reasonable same day notice to the BANK, received by the BANK not later than 11:00 A.M. Revolving Loan. The aggregate amount of such day, but which all Revolving Loan Commitments shall not exceed in the aggregate principal amount be equal at any one time outstanding, to Twenty-Three Million Dollars ($3,500,000.00, less the aggregate amounts of any issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, 23,000,000) from the date of this AGREEMENT until Closing Date through and including June 29, 1998, and Twenty Million Dollars ($20,000,000) thereafter; and the LOAN TERMINATION DATE, either the full amount of each Lender's Revolving Loan Commitment shall be equal at any one time to its Pro Rata Share of all Revolving Loan Commitments. Amounts borrowed under this subsection 2.1(B) may be repaid and reborrowed at any time prior to the LOAN COMMITMENT or Expiry Date. No Lender shall have any lesser sum which is $10,000.00 or an integral multiple thereof. It is obligation to make Advances under this subsection 2.1(B) to the intention of extent any requested Advance would cause (i) the parties that the outstanding principal balance of the REVOLVING LOAN shall not Revolving Loan outstanding to exceed the BORROWING BASEMaximum Revolving Loan Amount, as required in section 6.1.9, and if at any time said balance exceeds or (ii) such Lender's Pro Rata Share of the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the principal balance of the Revolving Loan outstanding to exceed such Lender's Revolving Loan Commitment. "MAXIMUM REVOLVING LOAN until it is in compliance with this requirementAMOUNT" means, as of any date of determination, the sum of the Revolving Loan Commitments less any Lender Reimbursement Reserve, any Collateral Disposition Reserve and any Other Lender Reserves.

Revolving Loan. BANK agrees Bank shall make available to lend $3,500,000.00 to BORROWER pursuant to this facility. As Borrower a part of this facility, BANK will issue its letters revolving line of credit at BORROWER’s request, on BORROWER’s account, pursuant to in the BANK’s customary policies and with its standardized documents; provided that the aggregate maximum principal amount of such letters of credit shall not exceed One Million Dollars ($1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan 1,000,000) (the “REVOLVING LOANMaximum Revolving Amount”) to BORROWER’s deposit account with which shall be evidenced by the BANK, bearing number 00000000. 2.7.1 Master Revolving Note. Subject to the terms hereof, and conditions of this Agreement and the BANK will lend the BORROWERMaster Revolving Note, from time to time until prior to the maturity date set forth in the Master Revolving Note, Bank shall, upon Borrower’s request in accordance with this Agreement, make advances (each a “Revolving Loan,” and collectively, the “LOAN TERMINATION DATE” such sums Revolving Loans”) to Borrower in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice an aggregate amount outstanding not to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstanding, $3,500,000.00, less the Maximum Revolving Amount minus the aggregate amounts outstanding amount of all Letters of Credit issued under this Agreement, the proceeds of which shall be used by Borrower only for general working capital. If at any time for any reason, the amount of indebtedness owed by Borrower to Bank with respect to the Revolving Loans plus the issued and outstanding letters of credit issued by BANK at the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrow, repay without penalty or premium and reborrow hereunder, from the date of this AGREEMENT until the LOAN TERMINATION DATE, either the full amount of all Letters of Credit is greater than the LOAN COMMITMENT or any lesser sum which is $10,000.00 or an integral multiple thereof. It is Maximum Revolving Amount, Borrower shall immediately pay to Bank, in cash, the intention amount of such excess. (1) Revolving Loans may be repaid and reborrowed, subject to the terms and conditions hereof and of the parties Master Revolving Note, provided, that the outstanding principal amount of all Revolving Loans, together with all accrued and unpaid interest thereon, shall be due and payable in full on the maturity date set forth in the Master Revolving Note. (2) The outstanding unpaid principal balance of the REVOLVING LOAN Revolving Loans shall not exceed Zero Dollars ($-0-) for a period of not less than sixty (60) consecutive days prior to the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds last day of each calendar year during the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance term of the REVOLVING LOAN until it is in compliance with this requirementAgreement.

Revolving Loan. BANK agrees Bank shall make available to lend $3,500,000.00 to BORROWER pursuant to this facility. As Borrower a part of this facility, BANK will issue its letters revolving line of credit at BORROWER’s request, on BORROWER’s account, pursuant to in the BANK’s customary policies and with its standardized documents; provided that the aggregate maximum principal amount of such letters of credit shall not exceed Ten Million Dollars ($1,000,000.00 at any time outstanding. BANK will credit proceeds of this revolving loan 10,000,000) (the “REVOLVING LOANMaximum Revolving Amount”) to BORROWER’s deposit account with which shall be evidenced by the BANK, bearing number 00000000. 2.7.1 Master Revolving Note. Subject to the terms hereof, and conditions of this Agreement and the BANK will lend the BORROWERMaster Revolving Note, from time to time until prior to the maturity date set forth in the Master Revolving Note, Bank shall, upon Borrower’s request in accordance with this Agreement, make advances (each a “Revolving Loan,” and collectively, the “LOAN TERMINATION DATE” such sums Revolving Loans”) to Borrower in integral multiples of $10,000.00 as the BORROWER may request by reasonable same day notice an aggregate amount outstanding not to the BANK, received by the BANK not later than 11:00 A.M. of such day, but which shall not exceed in the aggregate principal amount at any one time outstandingthe Maximum Revolving Amount, $3,500,000.00the proceeds of which shall be used by Borrower only for general working capital. (a) Revolving Loans may be repaid and reborrowed, less subject to the aggregate amounts terms and conditions hereof including the provisions of any issued and outstanding letters of credit issued by BANK at LIBOR Addendum to the request of and on the account of BORROWER (the “LOAN COMMITMENT”). The BORROWER may borrowMaster Revolving Note, repay without penalty or premium and reborrow hereunderprovided, from the date of this AGREEMENT until the LOAN TERMINATION DATE, either the full amount of the LOAN COMMITMENT or any lesser sum which is $10,000.00 or an integral multiple thereof. It is the intention of the parties that the outstanding balance principal amount of all Revolving Loans, together with all accrued and unpaid interest thereon, shall be due and payable in full on the maturity date set forth in the Master Revolving Note. (b) Anything contained in the foregoing to the contrary notwithstanding, the proceeds of the REVOLVING LOAN initial Revolving Loan shall not exceed be applied to the BORROWING BASE, as required in section 6.1.9, and if at any time said balance exceeds repayment of existing outstanding Indebtedness under the BORROWING BASE, BORROWER shall forthwith pay BANK sufficient funds to reduce the balance of the REVOLVING LOAN until it is in compliance with this requirementPrior Agreement.