Common use of Term Loan B Clause in Contracts

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make one (1) term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “Term Loan B”, and together with the Term Loan A, the “Term Loans”). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make one (1) or more term loan loans to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,0005,000,000) (the each a “Term Loan B”” and collectively the “Term Loans B’’, and together with the Term Loan A, the “Term Loans”). Borrower may request the Term Loan B ) at any time from after Borrower’s achievement of the Term Loan B Availability Start Date Funding Milestone through the Term Loan B Availability End Date. The proceeds of the Term Loan Loans B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the each Term Loan B at the rate specified in Section 2.3(a), and prior to the Availability End Date for the applicable Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th first day of the month next following the such Term Loan B, and continuing on the same day of each month thereafter. The Any Term Loan Loans B that is are outstanding on the Term Loan B Interest Only Availability End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the date that is one month immediately following the Term Loan B Interest Only Availability End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan Loans B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan Loans B, once repaid, may not be reborrowed. Borrower may prepay the any Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the a Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to each Term Loan B Lender, severally and not jointly, will make one (1) a term loan to Borrower Borrowers in an aggregate principal the amount not equal to exceed Five Million Five Hundred Thousand Dollars (such Term Loan B Lender’s Term Loan B Commitment Percentage of $5,500,000) 21,500,000 (the “Term Loan B”, and together with the Term Loan A, the “Term Loans”). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used for general working capital purposes advanced on the Closing Date and for capital expenditures. (ii) Interest shall accrue from be, with respect to principal, payable as follows, subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement: on or before the date that is forty-five (45) days after the last day of each fiscal quarter (each a “True-Up Date”), commencing with the fiscal quarter ending March 31, 2017 and continuing thereafter through and including the last such date occurring immediately prior to the end of the Term, Borrowers shall repay the Term Loan B at in an amount equal to the rate specified in Section 2.3(a), greater of (x) $537,500 and prior to (y) the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day Lenders Pro Rata Share of the month next lesser of (I) 50% of Excess Cash Flow for the most recently ended prior fiscal quarter for which financial statements were delivered to Agents and (II) 50% of the Maximum True Up Amount (provided that Borrowers shall pay the amount set forth in the foregoing clause (x) no later than the first Business Day following the Term Loan B, and continuing on the same last day of each month thereafterfiscal quarter, commencing with the fiscal quarter ending March 31, 2017 and continuing thereafter through and including the last such date occurring immediately prior to the end of the Term (it being understood and agreed that if the amount calculated pursuant to the foregoing clause (y) for each such period exceeds the amount set forth in the foregoing clause (x), the difference thereof (if any) shall be paid by Borrowers no later than the applicable True-Up Date)), followed by a final payment of all unpaid principal, accrued and unpaid interest and all unpaid fees and expenses upon expiration of the Term. The Term Loan B that is outstanding on the shall be evidenced by one or more Term Notes. Term Loan B Interest Only End Date shall be payable in equal monthly installments consist of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumLIBOR Rate Index Loans only. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make one (1) term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars of the Term Loan B Amount ($5,500,000) (the “Term Loan B”, and together with the Term Loan A, the “Term Loans”). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date date hereof through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Interest-Only End Date for the applicable Term Loan B interest only shall be payable monthly beginning on the 11th first day of the month next following the such Term Loan B, and continuing on the same day of each month thereafter. The If Term Loan B that is remains outstanding on the Term Loan B Interest Interest-Only End Date Date, it shall be payable in 30 equal monthly installments of principal, plus all accrued interest, beginning on the last day of the one month immediately following the Term Loan B Interest Interest-Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumre-borrowed. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized OfficerOfficer and include evidence to Bank that Borrower has received the New Equity in its entirety.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Borrower may request, and hereby requests, that Bank agrees to make one (1) term loan to Borrower in an aggregate principal amount not to exceed Five of One Million Five Hundred Thousand Dollars ($5,500,0001,000,000) (the “Term Loan B”, ,” and together with the each Term Loan ALoan, the “(‘Term Loans”). Borrower may request ) on or about the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End First Amendment Effective Date. The proceeds of the Term Loan B shall be used to cash secure any Letters of Credit issued by Bank at Borrower’s request and for general working capital purposes and for capital expenditurescorporate purposes. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th 13th day of the month next following the such Term Loan B, and continuing on the same day of each month thereafter. The Any Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the date that is one month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B B, without penalty or premium. (iii3. Section 6.2(a)(iii) When Borrower desires to obtain of the Term Loan BAgreement is hereby amended and restated, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.as follows:

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank Xxxxxx agrees to make one (1) a term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “Term Loan B”) to Borrower in the principal amount of Forty Five Million Dollars ($45,000,000). Commencing on November 30, 2023, and together with continuing on the Term Loan A, the “Term Loans”). Borrower may request the last day of each month thereafter until Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of has been repaid in full, interest on the Term Loan B shall be used for general working capital purposes paid monthly as provided in Section 1.2 of this Agreement and for capital expendituresSection 2 of the Schedule. The Term Loan B shall be due and payable on December 31, 2025 (“Term Loan B Maturity Date”). On the Term Loan B Maturity Date (or, if earlier, upon acceleration of the Obligations in accordance with the terms of this Agreement), the entire unpaid principal balance of the Term Loan B, plus all accrued and unpaid interest and other Obligations relating to the Term Loan B, shall be due and payable. Any portion of the Term Loan B that is repaid may not be reborrowed. All payments by Borrower to Lender in respect of the Term Loan shall be made via ACH banking transfer to Xxxxxx’s bank account per written instructions that Lender shall provide to Borrower. The proceeds of Term Loan B shall be applied as follows: (i) Repayment of all of the outstanding Over Advances (and the availability of Over Advances will be concurrently terminated). (ii) Interest shall accrue from the date Repayment in full of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumTwo. (iii) When Borrower desires to obtain Reduction of the Term Loan B, Borrower shall notify Bank outstanding balance of the Revolving Loans thereby increasing the amount of availability. (which notice shall be irrevocableiv) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form Payment of Exhibit C. The notice shall be signed by an Authorized Officerclosing fees and legal expenses.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make one (1) A term loan to Borrower the Borrowers, jointly and severally, in an aggregate principal amount not of up to exceed Five Million Five Hundred Thousand Dollars $5,000,000 ($5,500,000) (the “Term Loan B”) available as multiple draws (each, and together with the a “Term Loan A, the “Term LoansB Draw”). Borrower may request ) at any time and from time to time commencing on the Term Loan B at Closing Date to the Termination Date; provided, that the Lender shall have no obligation to make, and the Borrowers shall have no right to obtain or to permit to remain outstanding, any time from Term Loan B Draw or Term Loan B Draws that would cause the total Term Loan B Draws made to Borrowers to exceed the Term Loan B Availability Start Date through Commitment or cause the Total Outstandings to exceed the Borrowing Base or to violate Section 6.18. (i) The Borrowers, jointly and severally, shall repay Term Loan B Availability End through periodic payments as indicated Section 2.5(b) below. (ii) The final installment of Term Loan B shall in all events equal the entire remaining principal balance of Term Loan B and shall be due and payable in full on the Termination Date. The proceeds of the Amounts borrowed under this Section 2.1(c) and repaid may not be reborrowed. (iii) Term Loan B shall be used evidenced by one promissory note for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the each Term Loan B at the rate specified in Section 2.3(a)Draw, and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. C (the “Term Note B”), and, the Borrowers shall jointly and severally execute and deliver each Term Note B to the Lender. Each Term Note B shall represent the joint and several obligation of each Borrower to pay the Term Loan B Draw, together with interest thereon. (iv) The notice aggregate principal amount of Term Loan B advanced to each Borrower shall be signed the primary obligation of that Borrower (but shall also be guaranteed, jointly and severally, by an Authorized Officerall other Borrowers pursuant to Section 8.18).

Term Loan B. (i) Subject to and upon a. Upon the terms and conditions effectiveness of this AgreementAmendment, Bank agrees agrees, for so long as no Event of Default or event which, with the giving of notice or passage of time or both, would constitute an Event of Default has occurred and is continuing, to make one (1) term loan advances of up to Borrower in an a maximum aggregate principal amount not for all such advances equal to exceed Five Million Five Hundred Thousand Dollars $1,500,000 to Borrower ($5,500,000) (the collectively, “Term Loan B”) from time to time (no more than one time per calendar month), and together with as requested by Borrower, prior to the earlier of (i) August 13, 2002; (ii) the aggregate amount of advances under Term Loan A, B equaling $1,500,000; or (iii) the completion of the Project (“Term LoansConversion Date”). After the Conversion Date, Borrower may shall not request the and Bank shall not make any additional advances under Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds B. Proceeds of the advances under Term Loan B shall be used solely to pay (or reimburse sums already paid by Borrower) for general working capital purposes the costs of construction of two buildings, and for capital expenditures. Equipment Expenditures in Windham ‘County, Maine (ii) Interest shall accrue collectively, “Project”). To the extent payments are made from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior time to the Term Loan B Interest Only End Date shall be payable monthly beginning time on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereaftersuch amounts may not be reborrowed. The No advance under Term Loan B that is outstanding on shall exceed one hundred percent (100%) of the Invoice Price (as defined below) of such buildings or Equipment Expenditure (as defined below). b. At the Conversion Date, the unpaid principal balance of Term Loan B Interest Only End Date shall be payable in equal monthly installments accordance with the provisions of principalSection l(c) hereof; provided that, plus the entire principal amount of Term Loan B, along with all accrued but unpaid interest, beginning fees, costs and Expenses, shall be repaid on or before the last day earlier of: (i) eighty four (84) months after the Conversion Date, (ii) the Expiration Date, or (iii) the termination of the month immediately following Loan Agreement (the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the “Term Loan B Maturity Date”). Borrower shall execute and deliver a promissory note to Bank in the principal face amount of $1,500,000 (as may be amended, at which modified or replaced from time to time, “Term Note B”). Term Note B shall evidence Borrower’s absolute and unconditional obligation to repay Term Loan B to Bank, and Term Note B is hereby deemed incorporated herein by reference and made a part hereof. At the Conversion Date, Borrower shall execute and deliver to Bank an amended and restated Term Note B in the aggregate outstanding amount of all amounts due advances made under Term Loan B (in connection with form and substance satisfactory to Bank). The term “Loan” contained in the Loan Agreement is hereby amended to include for all purposes, Term Loan B and the term “Loan Documents” contained in the Loan Agreement, is hereby amended to include for all purposes this Amendment, the Term Note B, and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan Binstrument, once repaiddocument or agreement executed in connection herewith. c. After the Conversion Date, may not be reborrowed. Borrower may prepay the Term Loan B without penalty shall be payable in eighty four (84) consecutive monthly installments comprised of eighty three (83) equal consecutive monthly installments of principal in an amount to be determined as of the Conversion Date plus accrued interest, commencing on first day of the first full calendar month following the Conversation Date and continuing on the first day of each calendar month thereafter with a final eighty fourth (84th) payment of all outstanding principal and accrued but unpaid interest, fees, costs and expenses due and payable on or premium.before Term Loan B Maturity Date. Prior to the Conversion Date, Borrower shall pay interest only on the outstanding principal balance of Term Loan B on the first day of each calendar month commencing on the first day of the full calendar month following the initial advance of Term Loan B. d. Not later than 11:00 A.M. (iiiEastern Time) When Borrower desires two (2) business days prior to obtain the each request for an advance under Term Loan B, Borrower shall notify will deliver to Bank a copy of the manufacturer’s, and/or vendor’s and/or, contractor’s invoice for the construction costs or Equipment Expenditures (as applicable), in form and substance satisfactory to Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the “Invoice”). A request for advance under Term Loan B is made by telephone must be promptly confirmed in writing by such method as Bank may require. Borrower authorizes Bank to be made. Such notice accept telephonic requests for advances, and Bank shall be substantially in entitled to rely upon the form authority of Exhibit C. The notice any person providing such instructions. Borrower hereby indemnifies and holds Bank harmless from and against any and all damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) which may arise or be created by the acceptance of such telephone requests or making such advances, except to the extent attributable to the gross negligence or wilful misconduct of Bank. Bank will enter on its books and records, which entry when made will be presumed correct, the date and amount of each advance, as well as the date and amount of each payment made by Borrower, e. For purposes hereof, “Equipment Expenditures” shall be signed by an Authorized Officermean expenditures made or liabilities incurred for the acquisition of any equipment, fixed assets or leasehold improvements which have a useful life of more than one (1) year. For purposes hereof, “Invoice Price” means the price set forth on the manufacturer’s and/or vendor’s and/or contractor’s invoice for construction costs or the related equipment, fixed asset or leasehold improvement (which price shall exclude any and all associated soft costs and any and all associated costs or expenses incurred for delivery and installation of the equipment).

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreementand relying upon the representations and warranties herein set forth, Bank the Secured Party agrees to make one advances (1"Term Loan B") term loan to Borrower the Debtor from time to time from the Closing Date to and including April 30, 1997 (as such date may be extended from time to time in the sole discretion of the Secured Party, the "Term Loan B Draw Termination Date") in an aggregate principal amount not of up to exceed Five Million Five Hundred Thousand Dollars SEVEN MILLION SIX THOUSAND ONE HUNDRED FIFTY-TWO AND 04/100 DOLLARS ($5,500,0007,006,152.04) (the “"Term Loan B”, and together with B Commitment") for the purposes hereinafter set forth. Amounts repaid on Term Loan AB may not be reborrowed. (i) Term Loan B Advances. So long as the conditions to advances have been satisfied, the “Secured Party will make Term Loans”). Borrower may request Loan B advances to the Debtor from time to time from the Closing Date to the Term Loan B at any time from Draw Termination Date upon submission of a Notice of Borrowing substantially in the form of Schedule 1.3 to the Secured Party five (5) Business Days prior to the date of the requested advance. Each such notice shall specify (A) the date of the requested advance (which shall be a Business Day), (B) shall not exceed, taking into account all prior Term Loan B advances, the Term Loan B Availability Start Date through Commitment, (C) shall be in a minimum amount of $100,000 and (D) shall be accompanied by any supporting invoices and requisitions relating to the requested advance. The Secured Party shall make such Term Loan B Availability End Dateadvances available by deposit to the Debtor's account at the office of Bank One, Texas, N.A. in Houston, Texas. (ii) Payment of Principal and Interest. (A) Interest during Draw Period. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) subject to a draw period during which accrued interest shall be payable monthly in arrears on the last day of each calendar month beginning with the first of such dates to occur after the Closing Date. Interest during such draw period shall accrue from at the applicable Eurodollar Rate plus 1.30% (computed on the basis of the actual number of days elapsed over a year of 360 days) with respect to the Term Loan B advance made on the Closing Date and with respect to each Term Loan B advance made thereafter throughout the draw period. The Eurodollar Rate applicable to the Term Loan B advance made on the Closing Date shall be determined five (5) Business Days prior to the Closing Date. The Eurodollar Rate applicable to each Term Loan B advance made after the Closing Date shall be determined five (5) Business Days prior to the date of the requested advance. (B) Principal and Interest after Draw Period. The Term Loan B Commitment shall bear interest at a fixed rate equal to the rate specified in Section 2.3(a), and Amortization Rate. The Amortization Rate for Term Loan B shall be determined five (5) Business Days prior to the Term Loan B Interest Only End Date shall be payable monthly beginning Draw Termination Date. Principal and interest on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding shall be amortized and payable in sixty (60) consecutive level monthly installments beginning with the payment due on the May 31, 1997. Payments received on Term Loan B Interest Only End Date shall be payable applied first to accrued interest and then to principal in equal monthly installments inverse order of principalmaturity. Upon the occurrence and during the continuation of an Event of Default hereunder, plus all accrued interestthe principal of and, beginning to the extent permitted by law, interest on the last day of the month immediately following the Term Loan B Interest Only End Dateshall bear interest, and continuing payable on the same day of each month thereafter through the Term Loan B Maturity Datedemand, at which time all amounts due a rate equal to 2.0% per annum in connection with excess of the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumrate otherwise applicable hereunder. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (ia) Subject On or about January 23, 1998, Bank made a term loan (`Term Loan B') available to Borrower, providing for one or more disbursements from the date of the First Amendment to this Agreement to and upon including February 1, 1999 in the terms and conditions of this Agreement, Bank agrees to make one (1) term loan to Borrower in an aggregate principal amount not to exceed Five Eleven Million Five Hundred Thousand Dollars ($5,500,00011,000,000). Immediately prior to the date of the Second Amendment to this Agreement, Xxxxxxxx's obligation to repay the principal of, and accrued interest on, Term Loan B was evidenced by a promissory note (`Term Note B') issued by Borrower in favor of Bank on the standard form used by Bank to evidence its commercial loans and was payable at the times, in the amounts and upon the terms set forth in Term Note B. (b) As of the date of the Second Amendment to this Agreement, the outstanding principal amount of Term Loan B (the “'Term Loan B Disbursed Portion') was Four Million Eight Hundred Thirteen Thousand Five Hundred Eight and 44/100 Dollars ($4,813,508.44). As of February 1, 1999, which was the final date for disbursements under Term Loan B”, the principal amount available to be disbursed under Term Loan B (the 'Term Loan B Undisbursed Portion') was Six Million One Hundred Eighty-Six Thousand Four Hundred Ninety-One and 56/100 Dollars ($6,186,491.56). (c) Borrower's obligation to repay the principal of, and together with the Term Loan Aaccrued interest on, the “Term Loans”). Borrower may request the Term Loan B Disbursed Portion shall be evidenced by a promissory note (`Term Note B-1') issued by Borrower in favor of Bank on the standard form used by Bank to evidence its commercial loans and shall be payable at the times, in the amounts, and upon the terms set forth in Term Note B-1. In the event of a prepayment of principal and payment of any time from resulting fees, any prepaid amounts shall be applied to the scheduled principal payments due under Term Note B-1 in the reverse order of their maturity. (d) Xxxxxxxx's obligation to repay the principal of, and accrued interest on, all disbursements under the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B Undisbursed Portion shall be evidenced by a promissory note ('Term Note B-2") issued by Borrower in favor of Bank on the standard form used for general working capital purposes by Bank to evidence its commercial loans and for capital expenditures. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on at the 11th day times, in the amounts, and upon the terms set forth in Term Note B-2. In the event of a prepayment of principal and payment of any resulting fees, any prepaid amounts shall be applied to the scheduled principal payments due under Term Note B-2 in the reverse order of their maturity." (b) Section 1.4 of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that Agreement is outstanding on the Term Loan B Interest Only End Date shall be payable hereby amended to read in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.full as follows:

Term Loan B. 3B.1 Lender agrees to loan to Annealing, and Annealing agrees to borrow, on the date of execution of this Agreement, the sum of Two Million Six Hundred Eighty Thousand Dollars (i) Subject $2,680,000). At the time of borrowing, Annealing agrees to and upon execute Term Note B with appropriate insertions as evidence of the indebtedness hereunder. The loan made under this Article 3B shall be subject to the terms and conditions of this Agreement, Bank agrees to make one (1) term loan to Borrower . 3B.2 The indebtedness represented by Term Note B shall be repaid in an aggregate equal consecutive monthly principal installments in the amount not to exceed Five Million Five of Eleven Thousand One Hundred Thousand Sixty Six and 67/100 Dollars ($5,500,00011,166.67) (the “Term Loan B”each, commencing on September 28, 2006, and together with the Term Loan A, the “Term Loans”). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same 28th day of each month thereafter through until the Term Loan B Maturity Date, when the entire unpaid balance of principal and interest thereon shall be due and payable. 3B.3 The proceeds of Term Loan B shall be first used to renew and extend indebtedness owed by Annealing under this Prior Credit Agreement, with the balance to fund the Maxco Loan. 3B.4 Term Note B shall bear interest at a rate per annum equal to the LIBOR Rate. Monthly payments of interest shall be payable on the last day of each Interest Period, commencing on the last day of the first Interest Period, and thereafter on the last day of each subsequent Interest Period. The LIBOR Rate, the Interest Period, and the amount and date of any repayment shall be noted on Lender’s records, which records will be presumed correct absent manifest error. Notwithstanding the foregoing, from and after the occurrence of any Event of Default, Term Note B shall bear interest, payable on demand, at a rate per annum equal three percent (3%) above the LIBOR Rate until the end of the then current Interest Period, at which time all amounts due in connection with Term Note B shall bear interest at the Term Loan B and any other amounts due under this Agreement rate of three percent (3%) above the Prime-based Rate. Interest shall be immediately due and payablecalculated on the basis of a 360 day year for the actual number of days elapsed. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice LIBOR Rate shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on reset at the day on which the Term Loan B is to be made. Such notice shall be substantially in the form end of Exhibit C. The notice shall be signed by an Authorized Officereach Interest Period.

Term Loan B. The Borrower hereby unconditionally promises to pay to Agent for the account of each Lender the Term Loan B Payment Amount as follows: (i) Subject On demand by the Agent to and upon the terms and conditions Borrower, which first demand may be made no earlier than five (5) days prior to January 16, 2010. If such demand is made prior to the First Call Date, then the Agent shall provide the Borrower with five (5) days notice (“Demand Notice Period”) of this Agreement, Bank agrees to make one (1) term loan to Borrower in an aggregate the principal amount not so demanded. If such demand is made on or after the First Call Date, then the Demand Notice Period shall be thirty (30) days. (ii) On or after the First Call Date, the Borrower shall have the right to exceed Five Million Five Hundred Thousand Dollars call all or part of the amount due under the Term Loan B by providing the Agent with thirty ($5,500,00030) days notice (“Call Notice Period”) of the principal amount being called. (iii) Except as otherwise provided below with respect to payments in stock, payments of the Term B Payment Amount, whether on account of demand by the Agent under Section 2.3(a)(i) or call by the Borrower under Section 2.3(a)(ii), shall be made within three (3) Business Days following expiration of the Demand Notice Period or Call Notice Period, as applicable (the “Term Loan BB Payment Date”, and together with ). (iv) On the Maturity Date for the Term Loan AB, the “entire unpaid principal balance of the Term Loans”)B Note and all unpaid interest accrued thereon shall also be fully due and payable. Notwithstanding anything to the contrary in this Agreement, amounts due under Sections 2.3(a)(i) and 2.3(a)(ii) may, at the option of the Borrower, be made in common stock of the Borrower may request subject to the satisfaction of the conditions in the immediately following sentence. When making any payment under Section 2.3(a)(i) using common stock of the Borrower, the value of each such share of stock shall be determined based on the Volume-Weighted Average Price for such stock during the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds VWAP Measurement Period; provided, that no payment under Section 2.3(a)(i) may be made using common stock of the Term Loan B Borrower unless the following conditions have been satisfied: (A) prior to expiration of the Demand Notice Period or Call Notice Period, as applicable, the Borrower shall have given the Agent notice of its intention to make such payment using common stock, which notice shall be irrevocable; (B) the common stock used for general working capital purposes and for capital expenditures. (ii) Interest payment shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a)be immediately transferable without restriction, and subject to applicable securities laws, provided that prior to the Term Loan B Interest Only End Payment Date, Borrower has provided the Borrower with a certificate customary for sales under Rule 144 and an Opinion of Counsel in form and substance reasonably acceptable to the Borrower opining that Borrower may immediately sell such shares in accord with Rule 144 (and if such opinion and certificate is not received by the Borrower prior to the Term Loan B Payment Date and the Borrower does not have an effective shelf registration statement on file with the SEC with sufficient availability thereunder, then shares issued in payment will be restricted shares or Lenders may instead choose to require the Borrower to add such payment to the outstanding principal amount by providing the Borrower with written notice thereof at least one (1) Business Day prior to the Term Loan B Payment Date); (C) the common stock used for payment shall be payable monthly beginning on delivered to the 11th day of the month next Agent within three (3) Business Days following the Term Loan B, and continuing on the same day of each month thereafter. The B Payment Date (“Term Loan B that Stock Delivery Date”); (D) if a demand or call is outstanding on made after the First Call Date, then the Volume-Weighted Average Price during the Term Loan B Interest Only End VWAP Measurement Period must be equal to or greater than $0.50 per share (this condition (D) does not apply to any payments required to be made prior to the First Call Date and the Borrower shall be payable free to use its shares for those payments without regard to the Volume-Weighted Average Price); and (E) with respect to any call by the Borrower, the maximum amount that the Borrower may pay using shares shall be limited to $2,000,000 during any ten (10) Business Day period. In the event common stock satisfying the requirements in equal monthly installments the immediately preceding sentence is not delivered on or before the Term B Stock Delivery Date after notice has been given by the Borrower pursuant to clause (A) of principalsuch sentence and the conditions set forth in clause (B) above have been satisfied, any amounts unpaid as a result thereof shall bear interest at the interest rate determined pursuant to Section 2.6 plus all accrued interest, beginning on two percent (2%) through the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at in which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumsuch shares are delivered. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees each Lender, severally and not jointly, will make a Term Loan to make one Continental in the sum equal to such Lender’s Commitment Percentage of $4,091,000 (1) term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the collectively “Term Loan B”, and together with the Term Loan A, the “Term Loans”). Borrower may request All of the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from advanced on the date Closing Date. Subject to acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement, the principal balance of Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning full in one installment and shall be due on the last day of the Term, provided, however, that in the event that the outstanding principal balance of Term Loan A shall have been paid in full at least thirty (30) days prior to the last day of the Term, then commencing on the first Business Day of the month immediately following the date on which the outstanding principal balance of Term Loan A shall have been so paid in full, the principal balance of Term Loan B Interest Only End Dateshall begin amortizing in consecutive monthly installments, each of which shall be due and continuing payable on the same day first Business Day of each month thereafter through month, in the same monthly amounts of principal as the monthly installments of principal of Term Loan A are scheduled to be paid pursuant to Section 2.4(a). Term Loan B Maturity Dateshall be evidenced by one or more secured promissory notes (collectively, at which time all amounts due “Term Note B”) in connection with substantially the form attached hereto as Exhibit 2.4(b). Term Loan B and may consist of Domestic Rate Loans or Eurodollar Rate Loans, or a combination thereof, as Borrowing Agent may request. In the event that Continental desires to obtain or extend any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the portion of Term Loan B without penalty as a Eurodollar Rate Loan or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the convert any portion of Term Loan B is then outstanding as a Domestic Rate Loan to be made. Such notice a Eurodollar Rate Loan, Borrowing Agent shall be substantially comply with the notification requirements set forth in Sections 2.2(b) and (d) and the form provisions of Exhibit C. The notice Sections 2.2(b) through (g) shall be signed by an Authorized Officerapply.

Term Loan B. (i1) Subject to and upon the terms and conditions of this Agreementhereof, Bank each Term B Lender agrees to make one (1) a term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (collectively, the “"Term Loan B”" and, and together with the Term Loan A, the “"Term Loans”Loan") on the Closing Date to Borrower in the original principal amount of its Term Loan B Commitment. The obligations of each Term B Lender hereunder shall be several and not joint. The Term Loan B shall be evidenced by promissory notes substantially in the form of Exhibit 1.1(b) (each a "Term B Note", collectively the "Term B Notes" and, together with the Term A Notes, the "Term Notes", each a "Term Note"), and, except as provided in Section 1.12, Borrower shall execute and deliver each Term B Note to the applicable Term B Lender. Each Term B Note shall represent the obligation of Borrower may request to pay the amount of the applicable Term B Lender's Term Loan B Commitment, together with interest thereon as prescribed in Section 1.5. (2) Borrower shall repay the full principal amount of the Term Loan B at any time from upon the earlier of (x) the Commitment Termination Date and (y) the date upon which either of the Revolving Loan or Term Loan B Availability Start Date through the Term Loan B Availability End Date. A are terminated. (3) The proceeds aggregate outstanding principal balance of the Term Loan B shall be used for general working capital purposes due and for capital expenditures. (ii) Interest shall accrue from payable in full in immediately available funds on the date of the Term Loan B at the rate specified Commitment Termination Date, if not sooner paid in Section 2.3(a), and prior full. No payment with respect to the Term Loan B Interest Only End Date shall may be payable monthly beginning on the 11th day reborrowed. (4) Each payment of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on principal with respect to the Term Loan B Interest Only End Date shall be payable paid to Agent for the ratable benefit of each Term B Lender, ratably in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the proportion to each such Term B Lender's respective Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumCommitment. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreementand relying upon the representations and warranties herein set forth, Bank the Secured Party agrees to make one advances (1"Term Loan B") term loan to Borrower the Debtor from time to time from the Closing Date to and including April 30, 1997 (as such date may be extended from time to time in the sole discretion of the Secured Party, the "Term Loan B Draw Termination Date") in an aggregate principal amount not of up to exceed Five Million Five Hundred Thousand Dollars SEVEN MILLION SIX THOUSAND ONE HUNDRED FIFTY-TWO AND 04/100 DOLLARS ($5,500,0007,006,152.04) (the “"Term Loan B”, and together with B Commitment") for the purposes hereinafter set forth. Amounts repaid on Term Loan AB may not be reborrowed. (i) Term Loan B Advances. So long as the conditions to advances have been satisfied, the “Secured Party will make Term Loans”). Borrower may request Loan B advances to the Debtor from time to time from the Closing Date to the Term Loan B at any time from Draw Termination Date upon submission of a Notice of Borrowing substantially in the form of Schedule 1.3 to the Secured Party five (5) Business Days prior to the date of the requested advance. Each such notice shall specify (A) the date of the requested advance (which shall be a Business Day), (B) shall not exceed, taking into account all prior Term Loan B advances, the Term Loan B Availability Start Date through Commitment, (C) shall be in a minimum amount of $100,000 and (D) shall be accompanied by any supporting invoices and requisitions relating to the requested advance. The Secured Party shall make such Term Loan B Availability End Dateadvances available by deposit to the Debtor's account at the office of Bank One, Texas, N.A. in Houston, Texas. (ii) Payment of Principal and Interest. (A) Interest during Draw Period. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior subject to the Term Loan B Interest Only End Date a draw period during which accrued interest shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning arrears on the last day of the each calendar month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection beginning with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payablefirst of such dates to occur after the Closing Date. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.Interest during such

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, upon the request of Borrower made on or before May 10, 2002, Bank agrees to shall make one (1) a term loan ("Term Loan B") to Borrower in an aggregate principal amount not equal to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “Term Loan B”, and together with the Term Loan A, the “Term Loans”)12,000,000. Borrower may request the Term Loan B at any time from the shall be evidenced by Term Loan B Availability Start Date through the Term Loan B Availability End Date. Note B. The proceeds of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from by Borrower to fulfill its purchase obligations under the date of the Purchase Agreement. Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning repaid on the 11th day of following dates and in the month next following the Term Loan Bamounts: Date Installment Amount ___________________________ _________________________________ Commencing on June 1, 2002 Interest only and continuing on the same day of each month thereafter. The Term Loan B that is outstanding until April 1, 2003 Commencing on the Term Loan B Interest Only End Date shall be payable in equal monthly May 1, 2003 Monthly principal installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same of $200,000 each, day of each month thereafter through plus accrued interest until March 1, 2008 On April 1, 2008 The unpaid principal balance, plus accrued interest Within 180 days following the end of each of the Borrower's fiscal years, Borrower shall make a mandatory prepayment of principal on Term Loan B Maturity Datein an amount equal to 25% of the Excess Cash Flow, at which time all amounts if any, for the fiscal year just ended. The mandatory prepayments of principal shall be applied to installments of principal due in connection with the on Term Loan B and any other amounts due under this Agreement shall be immediately due and payablein their inverse order of maturity. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the outstanding unpaid principal balance and all accrued and unpaid interest under Term Loan B without penalty or premium. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time due and payable on the day on which the date of termination of this Agreement, whether by its terms, by prepayment, or by acceleration. All amounts outstanding under Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officerconstitute Obligations.

Term Loan B. (iA) Subject to and upon the terms and conditions of this Agreementhereof, Bank each Term Lender agrees to make one (1) a term loan (collectively, the "Term Loan B") on the Closing Date to Borrower in an aggregate the original principal amount of its Term Loan B Commitment. The obligations of each Term Lender hereunder shall be several and not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000joint. The Term Loan B shall be evidenced by promissory notes substantially in the form of Exhibit 1.1(b)(ii) (each a "Term B Note" and collectively the “"Term B Notes"), and, except as provided in Section 1.12, Borrower shall execute and deliver each Term B Note to the applicable Term Lender. Each Term B Note shall represent the obligation of Borrower to pay the amount of the applicable Term Lender's Term Loan B”B Commitment, and together with interest thereon as prescribed in Section 1.5. (B) Borrower shall repay the Term Loan A, the “Term Loans”). Borrower may request principal amount of the Term Loan B at any time from in a single installment due on June 2, 2008. (C) Notwithstanding Section 1.1(b)(ii)(B), the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds aggregate outstanding principal balance of the Term Loan B shall be used for general working capital purposes due and for capital expenditures. (ii) Interest shall accrue from payable in full in immediately available funds on the date of the Term Loan B at the rate specified Commitment Termination Date, if not sooner paid in Section 2.3(a), and prior full. No payment with respect to the Term Loan B Interest Only End Date shall may be payable monthly beginning on the 11th day reborrowed. (D) Each payment of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on principal with respect to the Term Loan B Interest Only End Date shall be payable paid to Agent for the ratable benefit of each Term Lender, ratably in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the proportion to each such Term Lender's respective Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumCommitment. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.

Term Loan B. (i) Subject to and upon the terms and conditions set forth herein, the Lender will make advances of this Agreement, Bank agrees to make one (1) its Tranche B Commitment Percentage of a term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “Term Loan B”) in an amount not to exceed the aggregate Term Loan B Commitment, which Term Loan B will be disbursed to the Borrower in Dollars in six (6) equal consecutive monthly installments commencing on July 25, 2023 and together continuing on the 25th day of each month thereafter, subject to the provision of Section 2.1(b)(iii). The Borrower and Xxxxxxx agree that each such installment funded by the Lenders represent 60% of the principal amount of such Loan. Accordingly, the principal amount of each Term Loan B funded under this clause equals such amount funded by the Lenders divided by 0.6 and the aggregate principal amount of Term Loan B is the sum of the principal amount of all such Loans. For the avoidance of doubt, on each such borrowing date each Lender shall advance to Borrower an amount equal to 60% of its ratable share of all the Loans requested by Borrower as of such date in exchange for Borrower’s obligations to repay in full the principal amount of such Loans, plus interest accrued thereon in accordance with the terms hereof. (ii) The Term Loan AB shall be evidenced by one or more secured promissory notes (collectively, the “Term LoansLoan Note B”) in substantially the form attached hereto as Exhibit 2.1(b). Borrower may request The Term Loan B shall consist of SOFR Loans. Amounts repaid on the Term Loan B at may not be reborrowed. For the avoidance of doubt, Xxxxxx shall not be under any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds obligation to fund all or any portion of the Term Loan B shall be used for general working capital purposes and for capital expenditures. (ii) Interest shall accrue from until the date of Borrower has satisfied the Term Loan B at the rate specified conditions in Section 2.3(a), 4.1 and prior Section 4.2 hereof and subject always to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day terms of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumSection 2.1(b)(iii). (iii) When Notwithstanding the provisions of Section 2.1(b)(i) and Section 2.1(b)(ii), in the event that the conditions in Section 5.1 and Section 5.2 have been met but any of the Claim Filing Milestone, First Milestone or Second Milestone has not been met the Lenders shall fund, on the applicable Funding Date, 50% of the applicable monthly installment of Term Loan B to the Borrower desires (or, if in accordance with agreed Cost Savings directly to obtain recovery service providers, as described in the Healthcare Legal Services Agreement), #200345476_v12 provided that if and to the extent any amount of Cost Savings agreed as below, such funding amount (i..e, 50% of the applicable monthly installment of Term Loan B, Borrower shall notify Bank (which notice ) shall be irrevocablereduced, on a dollar for dollar basis, by such amount of Cost Savings. Cost Savings shall be identified and agreed by the Operating Committee prior to the applicable Funding Date, and shall be determined as the minimum cash cost necessary to enable the Borrower to service the HC Claims, according to the principles set out in the Healthcare Legal Services Agreement, as compared to the funding amount; it being understood and agreed that such Cost Savings shall not be reduced by any expenses required to implement such Cost Savings. The Operating Committee shall begin its review of costs upon the first to occur of (i) by facsimile transmission failure to meet the First Milestone, (ii) failure to meet the Second Milestone and (iii) failure to meet the Claim Filing Milestone, and shall identify the aggregate amount of Cost Savings to be received no later than 3:30 p.m. Eastern time on deducted from the day on which funding amount of the applicable monthly installment of Term Loan B is at least three (3) Business Days prior to be made. Such notice the first installment payment; provided, however, that if such failure occurs less than thirty (30) days prior to July 25, 2023, then the first installment payment shall be substantially in delayed to provide the form of Exhibit C. The notice shall Operating Committee at least thirty (30) days to review the cost savings that may be signed by an Authorized Officerachieved and make its determination.

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank each Lender with a Term Loan B Commitment agrees (severally, not jointly or jointly and severally) to make one term loans B (1collectively, “Term Loan B”) term loan to Borrower Borrowers from time to time from the First Amendment Effective Date until the Term Loan Expiration Date, or until the earlier reduction of its Term Loan B Commitment to zero in accordance with the terms hereof, in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “unused portion of such Lender’s Term Loan B”, and together with the B Commitment. The aggregate principal amount of Term Loan A, B (based on the “Term Loans”). Borrower may request initial principal amount) shall not exceed the Term Loan B at any time from Amount. The Term Loan B Commitment of each Lender shall (x) automatically and permanently be reduced to the extent that such Lender makes a Term Loan B to Borrowers, and (y) automatically and permanently be reduced to zero on the Term Loan B Availability Start Date through the Expiration Date. Each Term Loan B Availability End Daterequested by Borrowers pursuant to this Section 2.2(b) shall be in a minimum amount of $2,500,000. Any principal amount of Term Loan B that is repaid or prepaid may not be reborrowed. The proceeds outstanding principal of the Term Loan B shall be used for general working capital purposes repayable by the Borrowers in consecutive quarterly installments, on the first day of each April, July, October and for capital expenditures. January, commencing on April 1, 2006 and ending on the Maturity Date (or if earlier than the Maturity Date, the date that the Term Loans have been repaid in full) consisting of (i) during the period from April 1, 2006 through January 1, 2007, quarterly payments of $125,000, (ii) Interest during the period from April 1, 2007 through January 1, 2008, quarterly payments of $250,000, and (iii) during the period from April 1, 2008 through the Maturity Date, equal quarterly payments which, in the aggregate, equal the remaining outstanding principal balance of Term Loan B; provided, that the last such installment shall accrue from be in the amount necessary to repay in full the unpaid principal amount of Term Loan B; provided, further, for the avoidance of doubt, no installment shall be due during any period where the outstanding principal amount of Term Loan B has been repaid in full. The outstanding unpaid principal balance and all accrued and unpaid interest under Term Loan B shall be due and payable on the date of the termination of this Agreement, whether by its terms, by prepayment, or by acceleration. All amounts outstanding under Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date shall be payable monthly beginning on the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The Term Loan B that is outstanding on the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumconstitute Obligations. (iii) When Borrower desires to obtain the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by an Authorized Officer.”

Term Loan B. (i) Subject to and upon On the terms and subject to the conditions of set forth in this Agreement, Bank agrees and provided there does not then exist a Default or an Event of Default, the Lender shall, immediately following the execution of that certain First Amendment to make Term Loan and Security Agreement dated as of June 30, 2004, by and between the Borrower and the Lender, extend in one (1) advance a term loan to Borrower in an aggregate principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) (the “Term Loan B”, ) to the Borrower in an aggregate principal amount equal to Thirteen Million and together with the Term Loan A, the “Term Loans”No/100 Dollars ($13,000,000.00). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds principal balance of the Term Loan B shall be used for general working capital purposes amortized over a twenty (20) year period and for capital expenditures. (ii) Interest shall accrue from be repaid in consecutive monthly installments as follows: Year 1 $ 312,000 $ 26,000.00 Year 2 $ 324,000 $ 27,000.00 Year 3 $ 336,000 $ 28,000.00 Year 4 $ 348,000 $ 29,000.00 Year 5 $ 360,000 $ 30,000.00 together with interest accrued thereon, each payable on the date first day of each calendar month, commencing on the first day of the first month commencing with August 1, 2004, and otherwise in accordance with Section 2.4 hereof, with a final installment of the aggregate unpaid principal balance of the Term Loan B, together with interest accrued thereon, payable on the Credit Termination Date. Monthly interest payments on the Term Loan B shall be computed using the interest rate then in effect and based on the outstanding principal balance of the Term Loan B. Any amounts paid or applied to the principal balance of the Term Loan B at the rate specified in Section 2.3(a), and prior (whether by mandatory prepayment or otherwise) may not be reborrowed hereunder. The Lender’s commitment hereunder to make the Term Loan B Interest Only End Date shall be payable monthly beginning on is hereinafter called the 11th day of the month next following the Term Loan B, and continuing on the same day of each month thereafter. The “Term Loan B that is Commitment”. Upon maturity, the outstanding on principal balance of the Term Loan B Interest Only End Date shall be payable in equal monthly installments of principal, plus all accrued interest, beginning on the last day of the month immediately following the Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable, together with any remaining accrued interest thereon, to Lender by Borrower. The Term Loan BB shall be evidenced by a promissory note (hereinafter, once repaidas the same may be amended, may not be reborrowed. Borrower may prepay modified or supplemented from time to time, and together with any renewals or extensions thereof or exchanges or substitutions therefor, called the “Term Loan B without penalty or premium. (iii) When Borrower desires to obtain Note”), duly executed and delivered by the Term Loan BBorrower, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on the day on which the Term Loan B is to be made. Such notice shall be substantially in the form set forth in Exhibit A-3 attached hereto, with appropriate insertions, dated June 30, 2004, payable to the order of Exhibit C. The notice shall be signed the Lender in the principal amount of Thirteen Million and No/100 Dollars ($13,000,000.00). THE PROVISIONS OF THE TERM LOAN B NOTE NOTWITHSTANDING, THE TERM LOAN B SHALL BECOME IMMEDIATELY DUE AND PAYABLE UPON THE EARLIEST TO OCCUR OF (X) THE STATED MATURITY DATE; (Y) THE ACCELERATION OF THE LIABILITIES PURSUANT TO SECTION 10.2 HEREOF; AND (Z) THE TERMINATION OF THIS AGREEMENT (WHETHER BY PREPAYMENT OR OTHERWISE) IN ACCORDANCE WITH ITS TERMS. (t) Section 2.2 of the Loan Agreement is hereby amended by an Authorized Officer.(i) deleting the term “Term Loan” used throughout such section and replacing such term with “Term Loans” and

Term Loan B. (i) Subject to and upon the terms and conditions of this Agreement, Bank Foothill agrees to make one (1) a term loan to Borrower MHI in an aggregate the original principal amount not to exceed Five Million Five Hundred Thousand Dollars of $1,659,000 ($5,500,000) (the “"Term Loan B”, and together with the Term Loan A, the “Term Loans”"). Borrower may request the Term Loan B at any time from the Term Loan B Availability Start Date through the Term Loan B Availability End Date. The proceeds of the Term Loan B shall be used evidenced by a Term Promissory Note ("Term Note B") executed and delivered on the Closing Date by MHI in favor of Foothill, providing for general working capital purposes the repayment of Term Loan B based upon a thirty-two (32) month amortization, with the first thirty-one (31) installments being in the amount of $51,844 and for capital expendituresthe thirty-second and final installment being in the amount of the then unpaid principal balance of Term Loan B, together with all accrued and unpaid interest thereon. (ii) Interest shall accrue from the date of the Term Loan B at the rate specified in Section 2.3(a), and prior to the Term Loan B Interest Only End Date Each such installment shall be due and payable monthly beginning on the 11th first day of each month commencing on the first day of the first month next following the Term Loan B, Closing Date and continuing on the same first day of each succeeding month thereafter. The until and including the date on which the unpaid balance of Term Loan B that is paid in full. The outstanding on the principal balance and all accrued and unpaid interest under Term Loan B Interest Only End Date shall be due and payable in equal monthly installments upon the termination of principalthis Agreement, plus all accrued interestwhether by its terms, beginning on the last day of the month immediately following the by prepayment, by acceleration, or otherwise. All amounts outstanding under Term Loan B Interest Only End Date, and continuing on the same day of each month thereafter through the Term Loan B Maturity Date, at which time all amounts due in connection with the Term Loan B and any other amounts due under this Agreement shall be immediately due and payable. The Term Loan B, once repaid, may not be reborrowed. Borrower may prepay the Term Loan B without penalty or premiumconstitute Obligations. (iii) When Borrower desires to obtain In the Term Loan B, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:30 p.m. Eastern time on event that the day on which the principal amount of Term Loan B is outstanding at any time exceeds the amount equal to be madeeighty (80%) percent of Eligible MHI Furniture Lease Future Receivables, MHI shall, absolutely and unconditionally, without notice or demand, make a payment to Foothill as a mandatory prepayment of the then outstanding principal amount of Term Loan B in the entire amount of such excess. Such notice Each such prepayment made by MHI pursuant to this Section 2.3(b)(iii) shall be substantially applied to the installments of principal on Term Loan B in the form inverse order of Exhibit C. The notice maturity and no prepayment premium or penalty shall be signed applicable to any of such payments. All interest accrued on the principal amount of Term Loan B prepaid pursuant to this Section 2.3(b)(iii) shall be paid, or may be charged by an Authorized OfficerFoothill to the loan account(s) of MHI at Foothill's option, on the date of such prepayment.