Common use of Affirmation of Indebtedness Clause in Contracts

Affirmation of Indebtedness. The Obligors acknowledge and agree that the balance of indebtedness owed to the Bank under the Loans as of May 4, 2009 is as follows: Principal $ 12,090,000.07 Principal $ 2,475,000.00 Accrued and Unpaid Interest $ 16,562.72 Accrued and Unpaid Interest $ 3,506.72 In addition, the Obligors are and remain liable for the payment of all interest accruing after May 4, 2009 with respect to the Loans, and for the payment of all late fees, costs, expenses, professional fees and costs of collection (including attorneys’ reasonable fees) heretofore or hereafter incurred by the Bank in connection with the Loans (hereinafter collectively referred to as the “Outstanding Obligations”). Each of the Obligors is unconditionally liable for the Outstanding Obligations, jointly and severally.

Affirmation of Indebtedness. The Obligors acknowledge and agree that the balance of indebtedness owed to the Bank under the Loans as of May 4August 13, 2009 is as follows: Principal $ 12,090,000.07 11,916,666.75 Principal $ 2,475,000.00 250,000.00 Accrued and Unpaid Interest $ 16,562.72 8,376.85 Accrued and Unpaid Interest $ 3,506.72 164.83 In addition, the Obligors are and remain liable for the payment of all interest accruing after May 4August 13, 2009 with respect to the Loans, and for the payment of all late fees, costs, expenses, professional fees and costs of collection (including attorneys’ reasonable fees) heretofore or hereafter incurred by the Bank in connection with the Loans (hereinafter collectively referred to as the “Outstanding Obligations”). Each of the Obligors is unconditionally liable for the Outstanding Obligations, jointly and severally.