Common use of Term Loan C Clause in Contracts

Term Loan C. (a) Subject to the terms and conditions of the Loan Agreement and this Amendment (including without limitation the conditions precedent set forth herein), Bank agrees to extend to Borrowers a term loan in the original principal amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“Term Loan ‘C’”). Borrowers’ obligation to repay Term Loan C shall be further evidenced by a promissory note executed and delivered by Borrowers to Bank in the face amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“Term Note ‘C’”), which shall be in a form acceptable to Bank. (b) Borrowers shall use the proceeds of Term Loan C solely to repay a portion of the existing Subordinated Indebtedness owed to Argosy Investment Partners, L.P. (c) The entire outstanding principal balance of Term Loan C will accrue interest at the Agent Borrower’s option at (i) the LMIR Rate plus Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin, provided however, at no time shall the applicable rate of interest charged to sums outstanding and accruing interest under Term Loan C at the LMIR Rate plus the Applicable Margin exceed the Prime Rate. (d) Borrowers understand and agree that subject to the provisions of this Agreement, the LIBOR Rate plus Applicable Margin or the LMIR Rate plus Applicable Margin, as applicable, which applies to the outstanding principal balance of Term Loan C shall apply to the entire outstanding principal balance of Term Loan C. (e) Borrowers agree to pay to Bank interest on the principal balance of Term Loan C on the first day of each calendar month, commencing on March 1, 2003 and on the first day of each month thereafter through February 1, 2005 (the “Term Loan C Maturity Date”). Borrowers agree to pay to Bank the principal balance of Term Loan C in five (5) equal and consecutive monthly installments of $125,000 each, on the first day of each calendar month, commencing on September 1, 2004, and in one (1) final payment of the remaining principal balance of Term Loan C plus all accrued and unpaid interest thereon on the Term Loan C Maturity Date.

Term Loan C. (a) Subject Pursuant to the terms of this Agreement, Lender shall make Term Loan C to Borrower on the Closing Date, upon the following terms and conditions of the conditions: (i) Term Loan Agreement and this Amendment (including without limitation the conditions precedent set forth herein)C shall be evidenced by a promissory note, Bank agrees to extend to Borrowers a term loan substantially in the original principal amount form of Seven Hundred Fifty Thousand Dollars ($750,000) Exhibit B, with appropriate insertions (“Term Loan ‘C’C Note”). Borrowers’ , payable to the order of Lender and representing the obligation of Borrower to pay the unpaid principal amount of Term Loan C, duly executed and delivered on behalf of Borrower, in the principal amount of Term Loan C. Lender is authorized to record the date and amount of each payment or prepayment of principal thereof in its records or on the grid schedule annexed to Term Loan C Note; provided, however, that the failure of Lender to set forth each payment and other information shall not in any manner affect the obligation of Borrower to repay Term Loan C shall be further evidenced by a promissory note executed and delivered by Borrowers to Bank in accordance with the face amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“Term Note ‘C’”), which shall be in a form acceptable to Bank. (b) Borrowers shall use the proceeds terms of Term Loan C solely to repay a portion of the existing Subordinated Indebtedness owed to Argosy Investment Partners, L.P. (c) The entire outstanding principal balance of Note and this Agreement. Term Loan C will accrue interest at Note, the Agent Borrower’s option at (i) grid schedule and the LMIR Rate plus Applicable Margin or (ii) books and records of Lender shall constitute presumptive evidence of the LIBOR Rate plus the Applicable Margin, provided however, at no time shall the applicable rate of interest charged to sums outstanding and accruing interest under information so recorded absent manifest error. Term Loan C at Note shall (x) be dated the LMIR Rate plus the Applicable Margin exceed the Prime Rate. Closing Date, (dy) Borrowers understand and agree that subject be stated to the provisions of this Agreement, the LIBOR Rate plus Applicable Margin or the LMIR Rate plus Applicable Margin, as applicable, which applies to the outstanding principal balance of Term Loan C shall apply to the entire outstanding principal balance of Term Loan C. (e) Borrowers agree to pay to Bank interest on the principal balance of Term Loan C on the first day of each calendar month, commencing on March 1, 2003 and on the first day of each month thereafter through February 1, 2005 (the “Term Loan C Maturity Date”). Borrowers agree to pay to Bank the principal balance of Term Loan C in five (5) equal and consecutive monthly installments of $125,000 each, on the first day of each calendar month, commencing on September 1, 2004, and in one (1) final payment of the remaining principal balance of Term Loan C plus all accrued and unpaid interest thereon mature on the Term Loan C Maturity Date, and (z) be payable in (1) 12 consecutive equal monthly installments of interest only, commencing on May 1, 2015 and continuing on the first day of each of the next 11 consecutive calendar months thereafter, and (2) 36 consecutive equal fully-amortizing monthly installments of principal and interest, commencing on May 1, 2016 and continuing on the first day of each of the next 35 consecutive calendar months thereafter; and (ii) On the Term Loan C Maturity Date, Borrower shall immediately pay to Lender the then outstanding aggregate principal amount of Term Loan C, together with interest accrued thereon to the date of payment.

Term Loan C. (a) Subject to the terms and conditions of the Loan this Agreement and this Amendment (including without limitation in reliance upon the conditions precedent set forth representations and warranties of Borrower and the other Credit Parties contained herein), Bank agrees to extend to Borrowers the Term Lenders made a term loan to the Borrower on the Closing Date, in the original aggregate principal amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“135,000,000. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of Borrower and the other Credit Parties contained herein, each Term Lender agrees, severally and not jointly, to lend to Borrower in one draw, on the Amendment No. 5 Closing Date an amount such that, after giving effect to such loan, the amount of each Term Loan ‘C (as defined below) held by each Term Lender shall be as set forth opposite such Lender's name in ANNEX B. Amounts borrowed under this Section 1.1 are collectively referred to as the "INITIAL TERM LOAN C’”" and together with any Incremental Term Loan (as defined below), the "TERM LOAN C". Borrowers’ obligation to repay The outstanding principal balance of the Term Loan C shall be further evidenced by a promissory note executed due and delivered by Borrowers to Bank payable in the face amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“Term Note ‘C’”), which shall be in a form acceptable to Bank. (b) Borrowers shall use the proceeds of Term Loan C solely to repay a portion of the existing Subordinated Indebtedness owed to Argosy Investment Partners, L.P. (c) The entire outstanding principal balance of Term Loan C will accrue interest at the Agent Borrower’s option at (i) the LMIR Rate plus Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin, provided however, at no time shall the applicable rate of interest charged to sums outstanding and accruing interest under Term Loan C at the LMIR Rate plus the Applicable Margin exceed the Prime Rate. (d) Borrowers understand and agree that subject to the provisions of this Agreement, the LIBOR Rate plus Applicable Margin or the LMIR Rate plus Applicable Margin, as applicable, which applies to the outstanding principal balance of Term Loan C shall apply to the entire outstanding principal balance of Term Loan C. (e) Borrowers agree to pay to Bank interest on the principal balance of Term Loan C on the first day of each calendar month, commencing on March 1, 2003 and on the first day of each month thereafter through February 1, 2005 (the “Term Loan C Maturity Date”). Borrowers agree to pay to Bank the principal balance of Term Loan C in five (5) equal and consecutive monthly installments of $125,000 each, on the first day of each calendar month, commencing on September 1, 2004, and in one (1) final payment of the remaining principal balance of Term Loan C plus all accrued and unpaid interest thereon full on the Term Loan C Maturity Date. Amounts borrowed under this SECTION 1.1(a) and repaid may not be reborrowed. (a) (as amended, modified, extended, substituted or replaced from time to time, each a "TERM NOTE C" and, collectively, the "TERM NOTES C"), and, except as provided in SECTION 1.7, Borrower shall execute and deliver each Term Note C to the applicable Lender. Each Term Note C shall represent the obligation of Borrower to pay the amount of the applicable Lender's Term Loan C Commitment, together with interest thereon."

Term Loan C. (ai) Subject to the terms and conditions of the Loan Agreement and this Amendment (including without limitation the conditions precedent set forth herein)hereof, Bank each Term C Lender agrees to extend to Borrowers make a term loan in (collectively, the original principal amount of Seven Hundred Fifty Thousand Dollars ($750,000) (“Term Loan ‘C’” and together with the Term Loan B, the “Term Loans”)) on the Closing Date to Borrower in the amount of such Term C Lender’s Term Loan C Commitment. Borrowers’ obligation to repay The obligations of each Term C Lender hereunder shall be several and not joint. Each such Term Loan C shall be further evidenced by a promissory note executed and delivered by Borrowers to Bank substantially in the face amount form of Seven Hundred Fifty Thousand Dollars ($750,000Exhibit 1.1(d)(i) (each a “Term Note ‘C’C Note” and collectively the “Term C Notes”), which and, except as provided in Section 1.12, Borrower shall execute and deliver a Term C Note to each applicable Term C Lender. Each Term C Note shall represent the obligation of Borrower to pay the amount loaned by each Term C Lender pursuant to such Term C Lender’s Term Loan C Commitment, together with interest thereon as prescribed in Section 1.5. Amounts repaid on Term Loan C may not be in a form acceptable to Bankreborrowed. (bii) Borrowers Borrower shall use repay the proceeds principal amount of the Term Loan C solely to repay in a portion of the existing Subordinated Indebtedness owed to Argosy Investment Partnerssingle installment on November 11, L.P.2011, if not sooner paid in full. (ciii) The entire Notwithstanding Section 1.1(c)(ii), the aggregate outstanding principal balance of Term Loan C will accrue interest at the Agent Borrower’s option at (i) the LMIR Rate plus Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin, provided however, at no time shall the applicable rate of interest charged to sums outstanding and accruing interest under Term Loan C at the LMIR Rate plus the Applicable Margin exceed the Prime Rate. (d) Borrowers understand and agree that subject to the provisions of this Agreement, the LIBOR Rate plus Applicable Margin or the LMIR Rate plus Applicable Margin, as applicable, which applies to the outstanding principal balance of Term Loan C shall apply to be due and payable in full in immediately available funds on the entire outstanding principal balance of Term Loan C.Commitment Termination Date, if not sooner paid in full. (eiv) Borrowers agree to pay to Bank interest on the principal balance of Term Loan C on the first day of each calendar month, commencing on March 1, 2003 and on the first day of each month thereafter through February 1, 2005 (the “Term Loan C Maturity Date”). Borrowers agree to pay to Bank the principal balance of Term Loan C in five (5) equal and consecutive monthly installments of $125,000 each, on the first day of each calendar month, commencing on September 1, 2004, and in one (1) final Each payment of the remaining principal balance of Term Loan C plus all accrued and unpaid interest thereon on with respect to the Term Loan C Maturity Dateshall be paid to Agent for the ratable benefit of each Term C Lender making a Term Loan C, ratably in proportion to each such Term C Lender’s respective Term Loan C Commitment.