Common use of Term Credit Clause in Contracts

Term Credit. Subject to the terms and conditions hereof, the Lender agrees to make a loan (the "Term Loan") to the Company in an amount up to the Lender's Term Loan Commitment. There shall be a single borrowing under the Term Loan Commitment which shall be made, if at all, on or before August 31, 1996, at which time the commitment of the Lender to make a Term Loan under the Term Loan Commitment shall expire. There shall be one borrowing under the Term Loan Commitment, and any portion of the Term Loan Commitment not requested by the Company on the occasion of such borrowing shall thereupon expire. The Term Loan made by the Lender to the Company shall be evidenced by a Term Note of the Company (the "Term Note") payable to the order of the Lender in the amount of its Term Loan Commitment, with the Term Note to be in the form (with appropriate insertions) attached hereto as Exhibit B. The Term Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Company hereby promises to make principal payments on the Term Note in installments on the dates set forth in column A below each in an amount equal to the amount set forth in column B below opposite the relevant due date: If the original principal amount of the Term Loan is $30,000,000, or less, then principal payments on the Term Note shall be as follows:

Term Credit. Subject to the terms and conditions hereof, the Lender agrees to make a loan (the "Term Loan") to the Company in an amount up to the Lender's Term Loan Commitment. There shall be a single borrowing under the Term Loan Commitment which shall be made, if at all, on or before August 31December 10, 19962001, at which time the commitment of the Lender to make a the Term Loan under the Term Loan Commitment shall expire. There shall be one borrowing under the Term Loan Commitment, and any portion of the Term Loan Commitment not requested by the Company on the occasion of such borrowing shall thereupon expire. The Term Loan made by the Lender to the Company shall be evidenced by a Term Note of the Company (the "Term Note") payable to the order of the Lender in the amount of its Term Loan Commitment, with the Term Note to be in the form (with appropriate insertions) attached hereto as Exhibit B. The Term Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Company hereby promises to make principal payments on the Term Note in installments on the dates set forth in column A below each in an amount equal to the amount set forth in column B below opposite the relevant due date: If The Company hereby agrees to repay the original principal amount balance of the Term Loan is $30,000,000, or less, then principal payments in the amounts and on the Term Note shall be as followsdates set fourth below:

Term Credit. Subject to the terms and conditions hereof, the Lender agrees to make a loan (the "“Term Loan"”) to the Company in an amount up to the Lender's ’s Term Loan Commitment. There shall be a single borrowing under the Term Loan Commitment which shall be made, if at all, on or before August 31December 10, 19962001, at which time the commitment of the Lender to make a the Term Loan under the Term Loan Commitment shall expire. There shall be one borrowing under the Term Loan Commitment, and any portion of the Term Loan Commitment not requested by the Company on the occasion of such borrowing shall thereupon expire. The Term Loan made by the Lender to the Company shall be evidenced by a Term Note of the Company (the "“Term Note"”) payable to the order of the Lender in the amount of its Term Loan Commitment, with the Term Note to be in the form (with appropriate insertions) attached hereto as Exhibit B. The Term Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Company hereby promises to make principal payments on the Term Note in installments on the dates set forth in column A below each in an amount equal to the amount set forth in column B below opposite the relevant due date: If The Company hereby agrees to repay the original principal amount balance of the Term Loan is $30,000,000, or less, then principal payments in the amounts and on the Term Note shall be as followsdates set fourth below:

Term Credit. As of November 1, 2004, the Company is indebted to the Lender in the principal amount of $45,000,000 pursuant to that certain Term Note of the Company dated November 30, 2001, issued in the original principal amount of $55,000,000 (the "Prior Term Note"). The Company acknowledges and agrees that the outstanding amount on the Prior Term Note is owing to the Lender without defense, offset or counterclaim. Subject to the terms and conditions hereof, the Lender agrees to make a an additional term loan (the "Term Loan") advance to the Company in an the principal amount up to of $25,000,000 (the Lender's "Additional Term Loan Commitment. There Loan"), which shall be advanced in a single borrowing under the Term Loan Commitment which shall be made, if at all, on or before August 31November 5, 19962004, at which time the commitment of the Lender to make a the Additional Term Loan under the Term Loan Commitment shall expire. There The Additional Term Loan shall be one borrowing under applied by the Term Loan Commitment, and any Company to fund a portion of the Term Loan Commitment not requested by the Company on the occasion of such borrowing shall thereupon expireChesterfield Acquisition, and other valid business purposes. The Additional Term Loan made by Loan, together with the Lender to aggregate principal balance of the Company Prior Term Note, shall be combined into a single term loan so that all such indebtedness from and after November 1, 2004, shall be evidenced by a Term Note single promissory note of the Company in the form attached hereto (the "Term Note"with appropriate insertions) as Exhibit B, payable to the order of the Lender in the principal amount of its $70,000,000 (herein, "Term Note", and the aggregate principal amount of loans evidenced thereby being referred to herein as the "Term Loan"). The Term Note is being issued in substitution and replacement for, and shall evidence the indebtedness heretofore evidenced by, the Prior Term Note, as well as the Additional Term Loan Commitment, with the Term Note to be in the form (with appropriate insertions) attached hereto as Exhibit B. made hereunder. The Term Note shall be dated the date of issuance thereof and be expressed to bear interest as set forth in Section 2 hereof. The Company hereby promises to make principal payments on the Term Note in installments on the dates set forth in column A below each in an amount equal to the amount set forth in column B below opposite the relevant due date: If The Company hereby agrees to repay the original principal amount balance of the Term Loan is $30,000,000, or less, then principal payments in the amounts and on the dates set forth below: A B SCHEDULED PRINCIPAL PAYMENT DATE PAYMENT ON TERM NOTE 12/31/2005 $7,000,000 12/31/2006 $7,000,000 12/31/2007 $7,000,000 12/31/2008 $7,000,000 12/31/2009 $7,000,000 12/31/2010 $7,000,000 12/31/2011 $28,000,000 or such lesser amount representing the remaining principal balance of the Term Note Loan 1.2. The definition of "Term Credit Commitment" appearing in Section 4.1 of the Credit Agreement is hereby deleted, and the definitions of "Applicable LIBOR Margin" and "Revolving Credit Termination Date" appearing in Section 4.1 of the Credit Agreement (Definitions) shall each be amended and restated in their entirety to read as follows:

Term Credit. Subject to all of the terms and conditions hereof, the Lender agrees Lenders severally agree to make a term loan in U.S. Dollars (the "Term LoanTERM LOAN") to the Company Borrower under the term credit facility set forth in this Section 1.2 in an amount up not to the Lender's exceed their Term Loan Commitment. There shall be a single borrowing under Commitments, PROVIDED that the making of the Term Loan Commitment which shall not require that the Lenders advance additional funds but instead shall represent a continuation of the Term A Loans and Term B Loans outstanding under the Previous Credit Agreement. The Term Loan shall be made, if at all, disbursed in a single advance made on or before August 31, 1996the Effective Date, at which time the commitment commitments of the Lender Lenders to make a Term Loan under the Term Loan Commitment shall expire. There Each Lender shall be one borrowing under the Term Loan Commitment, and any portion advance a pro rata share of the Term Loan Commitment not requested by in accordance with the Company on amounts of its respective Term Percentage. Each Lender's pro rata share of the occasion of such borrowing shall thereupon expire. The Term Loan made by the Lender to the Company shall be evidenced by a Term Note of the Company Borrower (individually a "TERM NOTE" and collectively the "Term NoteTERM NOTES") payable to the order of the such Lender in the amount of its pro rata share of the Term Loan CommitmentLoan, with the each Term Note to be in the form (with appropriate insertions) attached hereto as Exhibit B. The Each Term Note shall be dated mature in monthly installments, commencing on February 28, 2002 and continuing on the date last day of issuance thereof each month occurring thereafter to and be expressed to bear interest as set forth in Section 2 hereof. The Company hereby promises to make including June 30, 2003, with the principal payments installments on the Term Note in installments Notes to aggregate $235,000 for the installment due on February 28, 2002, $400,000 per installment thereafter and through and including April 30, 2002 and $500,000 per installment thereafter and through and including June 30, 2003, and with a final principal payment on all the dates set forth in column A below each Term Notes due on July 1, 2003 in an amount equal to all principal and interest not sooner paid, and with the amount set forth in column B below opposite the relevant of each payment due date: If the original principal amount of the Term Loan is $30,000,000, or less, then principal payments on the Term Note shall held by each Lender to be as follows:equal to such Lender's Term Percentage of such payment.