Common use of Unfinanced Capital Expenditures Clause in Contracts

Unfinanced Capital Expenditures. Borrower’s unfinanced capital expenditures, measured as of the last day of each calendar quarter and calculated on a cumulative year-to-date basis, shall not exceed the amounts set forth in the table immediately below for the corresponding reporting periods, For subsequent reporting periods, Bank and Borrower hereby agree that, on or before February 1 of each year during the term of this Agreement, Borrower shall provide Bank with a budget for the upcoming calendar year, which shall be approved by Borrower’s board of directors, and Bank shall use that budget to establish the unfinanced capital expenditures amounts for the upcoming year, with such amounts being incorporated herein by an amendment, which Borrower hereby agrees to execute. June 30, 2016 $ 4,000,000 September 30, 2016 $ 5,000,000 December 31, 2016 $ 6,000,000

Unfinanced Capital Expenditures. Borrower’s unfinanced capital expenditures, measured as of the last day of each calendar quarter and calculated on a cumulative year-to-date basis, shall not exceed the amounts set forth in the table immediately below for the corresponding reporting periods, . For subsequent reporting periods, Bank and Borrower hereby agree that, on or before February 1 of each year during the term of this Agreement, Borrower shall provide Bank with a budget for the upcoming calendar year, which shall be approved by Borrower’s board of directors, and Bank shall use that budget to establish the unfinanced capital expenditures amounts for the upcoming year, with such amounts being incorporated herein by an amendment, which Borrower hereby agrees to execute. March 31, 2017 $ 2,500,000 June 30, 2016 2017 $ 4,000,000 2,750,000 September 30, 2016 2017 $ 5,000,000 3,250,000 December 31, 2016 2017 $ 6,000,0003,750,000 5. The following defined terms set forth in Exhibit A to the Agreement are hereby amended and restated, as follows:

Unfinanced Capital Expenditures. Borrower’s 's unfinanced capital expenditures, measured as of the last day of each calendar quarter and calculated on a cumulative year-to-date basis, shall not exceed the amounts set forth in the table immediately below for the corresponding reporting periods, . For subsequent reporting periods, Bank and Borrower hereby agree that, on or before February 1 I of each year during the term of this Agreement, Borrower shall provide Bank with a budget for the upcoming calendar year, which shall be approved by Borrower’s 's board of directors, and Bank shall use that budget to establish the unfinanced capital expenditures amounts for the upcoming year, with such amounts being incorporated herein by an amendment, which Borrower hereby agrees to execute. March 31, 2018 $20,000,000 June 30, 2016 $ 4,000,000 2018 $20,000,000 September 30, 2016 $ 5,000,000 2018 $20,000,000 December 31, 2016 $ 6,000,0002018 $20,000,000

Unfinanced Capital Expenditures. Borrower’s unfinanced capital expenditures, measured as of the last day of each calendar quarter and calculated on a cumulative year-to-date basis, shall not exceed the amounts set forth in the table immediately below for the corresponding reporting periods, . For subsequent reporting periods, Bank and Borrower hereby agree that, on or before February 1 of each year during the term of this Agreement, Borrower shall provide Bank with a budget for the upcoming calendar year, which shall be approved by Borrower’s board of directors, and Bank shall use that budget to establish the unfinanced capital expenditures amounts for the upcoming year, with such amounts being incorporated herein by an amendment, which Borrower hereby agrees to execute. March 31, 2018 $ 25,000,000 June 30, 2016 2018 $ 4,000,000 25,000,000 September 30, 2016 2018 $ 5,000,000 25,000,000 December 31, 2016 2018 $ 6,000,00025,000,000 3) Section 7.2 of the Agreement is hereby amended and restated, as follows: