Common use of Back to Contents Clause in Contracts

Back to Contents. The Company is a borrower under a Second Amended and Restated Credit Agreement with General Electric Capital Corporation, as agent and lender, (“GECC”) dated December 16, 2005 and a Second Lien Credit Agreement with GECC dated December 16, 2005 (collectively, such agreements are referred to as the “Credit Agreements”) pursuant to which the Company is required to make certain mandatory prepayments under the Credit Agreements out of the Net Proceeds of the Underwritten Offering. Accordingly, the Company is required to retain Net Proceeds for its corporate purposes in the amounts necessary to meet the mandatory prepayment requirements of the Credit Agreements. The Holder and the Company agree that the purchases and sales of Conversion Shares and Warrants at the Closing Time of the Underwritten Offering is subject to the mandatory prepayment terms of the Credit Agreements and the Exchange Share Equivalents to be purchased by the Company at the Closing Time are subject to the Company’s obligations under the Credit Agreements.