Common use of Term Commitment Clause in Contracts

Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $750,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (i) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) and (ii) reimbursement to Cummings & Lockwood, counsel to OptiMark, of fees and disbursemxxxx xx conxxxxxxx with (a) past due invoices and (b) this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.

Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $750,000 1,650,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (i) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) and (ii) reimbursement to Cummings Xxxxxxxx & LockwoodXxxxxxxx, counsel to OptiMark, of fees and disbursemxxxx xx conxxxxxxx disbursements in connection with (a) past due invoices and (b) this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.

Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $750,000 500,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (i) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) and (ii) reimbursement to Cummings & Lockwood, counsel to OptiMark, of fees and disbursemxxxx disbursemexxx xx conxxxxxxx connxxxxxx with (a) past due invoices and (b) this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.

Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $750,000 940,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes Notes, in the form set forth on Exhibit A attached hereto, and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (ia) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) ), and (iib) reimbursement payment to Cummings Cole, Schotz, Meisel, Forman & LockwoodLeonard, counsel to OptiMarkP.X., xxunsxx xx XptiMark, of fees and disbursemxxxx xx conxxxxxxx disbursements in connection with (ai) past due invoices invoices, and (bii) this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.

Term Commitment. Subject to the terms and conditions of this Loan Agreement, Softbank agrees to make a loan on the Closing Date to OptiMark in the principal amount of $750,000 570,000 (the "Principal Amount"). The Loan shall bear interest as provided in this Loan Agreement. The Loan shall be evidenced by the Notes and this Loan Agreement. Subject to the conditions set forth in this Loan Agreement, Softbank shall disburse the Loan amount, less (i) reimbursement to Softbank of fees and disbursements of Softbank's counsel in connection with this Loan Agreement including, without limitation, estimated fees in connection with the filing of Financing Statements (Form UCC-1) and other instruments advisable to perfect the Liens granted by the Security Agreement and Guarantees (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date) and (ii) reimbursement to Cummings & Lockwood, counsel to OptiMark, of fees and disbursemxxxx disbursemexxx xx conxxxxxxx connxxxxxx with (a) past due invoices and (b) this Loan Agreement (in an amount specified in writing to OptiMark at least one (1) Business Day prior to the Closing Date), by wire transfer of immediately available funds to such account as OptiMark shall notify Softbank in writing at least one (1) Business Day prior to the Closing Date.