Common use of Term Note Clause in Contracts

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B, with appropriate insertions (individually a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The Term Loan made by each Lender Whenever any payment on this Note shall be evidenced by stated to be due on a promissory note day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of the payment of interest on this Note. This Note is subject to mandatory prepayment as provided in the Credit Agreement and to prepayment at the option of Company as provided in the Credit Agreement. THIS NOTE AND THE RIGHTS AND OBLIGATIONS OF COMPANY AND PAYEE HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (INCLUDING SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK), WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. Upon the occurrence of an Event of Default, the unpaid balance of the principal amount of this Note, together with all accrued and unpaid interest thereon, may become, or may be declared to be, due and payable in the manner, upon the conditions and with the effect provided in the Credit Agreement. The terms of this Note are subject to amendment only in the manner provided in the Credit Agreement. This Note is subject to restrictions on transfer or assignment as provided in the Credit Agreement. No reference herein to the Credit Agreement and no provision of this Note or the Credit Agreement shall alter or impair the obligations of Company, substantially in the form of Exhibit Bwhich are absolute and unconditional, with appropriate insertions (individually a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of and interest on this Note at the Term Loan place, at the respective times, and in the currency herein prescribed. Company promises to pay all costs and expenses, including reasonable attorneys' fees, all as provided in the Credit Agreement, incurred in the collection and enforcement of such Lender with interest thereon as prescribed in Section 3.01this Note. Each Lender is authorized Company and any endorsers of this Note hereby consent to record renewals and extensions of time at or after the Type maturity hereof, without notice, and hereby waive diligence, presentment, protest, demand and notice of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed every kind and, to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made full extent permitted by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Notelaw, the grid schedule and the books and records right to plead any statute of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated limitations as a defense to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01any demand hereunder.

Term Note. The (a) During the Term Loan Period, a Term Loan made by each the Lender pursuant to subsection 2.1 shall be evidenced by a promissory note of the CompanyBorrower, substantially in the form of Exhibit B, A with appropriate insertions (individually a “the "Term Note” and"), collectively, the “Term Notes”) payable to the order of such Lender and representing the Lender. The Term Note shall (i) be dated the Borrowing Date (ii) represent the Borrower's obligation of the Company to pay the aggregate unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing DateLender, (biii) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest for the period from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01subsection 3.3, (iv) be entitled to the benefits of this Agreement and the Collateral Security Documents and (v) be stated to mature in consecutive monthly installments of principal payable on each Installment Payment Date occurring after the Borrowing Date. The amortization schedule for the Fixed Rate Loan will be based on the assumption that the interest rate applicable to a Term Loan (or such portion thereof that is a Fixed Rate Loan) is the Fixed Interest Rate and will be calculated so that there wi11 be equal quarterly installments of principal and interest during the remaining maturity of a Term Loan. The amortization schedule for the Floating Rate Loan(s) will be based on the assumption that the interest rate for Term Loans (or such portion thereof that is a Floating Rate Loan) is 10.50% and will be calculated in accordance with the immediately preceding sentence. (b) The Lender is hereby authorized to record the date, type and amount of the Term Loans made by the Lender and the date and amount of each payment or prepayment of principal of the Term Loans made by the Borrower, the date of conversion of any Floating Rate Loan to a Fixed Rate Loan, and in the case of a Floating Rate Loan, the interest rate with respect thereto and, if applicable, the Eurodollar Interest Period, and in the case of a Fixed Rate Loan, the Fixed Interest Rate with respect thereto, on the schedules annexed to and constituting a part of the Term Note, and any such recordation shall constitute prima facie evidence of the accuracy of the information so recorded; provided that the failure by the Lender to make any such endorsement shall not affect the obligations of the Borrower hereunder or under the Term Note in respect of the Term Loans made by the Lender hereunder.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B, with appropriate insertions (individually individually, a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March December 31, 2007 2010 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion of $3,250,0004,000,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The Term Loan made by each Lender of the Bank shall be evidenced by a promissory note of (the Company, "Term Note") substantially in the form of attached hereto as Exhibit "B" appropriately completed, with appropriate insertions (individually a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender the Bank, duly executed and representing the obligation delivered on behalf of the Company Company, dated the Revolving Credit Commitment Termination Date and in a principal amount equal to pay the unpaid aggregate outstanding principal balance of the Revolving Credit Loans on such date. The Term Note shall be payable as to principal in twelve (12) consecutive quarterly installments on the first Business Day of January, April, July and October of each year commencing April 1, 2000. Each such installment shall be equal to one-twelfth (1/12th) (rounded to the nearest $1.00 of the original principal amount of the Term Loan) provided that the final installment shall in any event be equal to the remaining principal amount outstanding on Term Loan Maturity Date. The date, Type and amount of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or of the Term Loan shall be recorded on the grid schedule annexed to the Term Note, and the Company authorizes the Bank to make such recordation; provided, however, that the failure of a Lender the Bank to set forth each payment such Term Loan, payments and other information on such grid shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender the Bank in accordance with the terms of its the Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender the Bank shall constitute be presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on made by the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01Bank.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the CompanyCompanies, substantially in the form of Exhibit BB-1, with appropriate insertions (individually a “"Term Note” " and, collectively, the “"Term Notes”") payable to the order of such Lender and representing the obligation of the Company Companies to pay the unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s 's records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company Companies to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen twenty consecutive equal quarterly installments commencing on March 31September 30, 2007 2000 and on the last day of each December, March, June, June and September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s 's Commitment Proportion of $3,250,000, 950,000 and the last installment received by each Lender shall be in the amount of each Lender’s 's Commitment Proportion of the remaining principal amount outstanding. Each The Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The On the Closing Date, Borrower shall issue to each of the Lenders with a Term Loan made by each Lender shall be evidenced by Commitment a promissory note of the Company, executed by Borrower in substantially in the form of Exhibit B, attached hereto as EXHIBIT E with appropriate insertions all blanks appropriately completed in conformity with this Agreement (individually each a “"Term Note” " and, collectively, the “"Term Notes”) payable to the order of such Lender and representing "). The Term Notes shall evidence the obligation of the Company Borrower to pay the unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed repay to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay which it is issued the Term Loan made by such Lender in accordance with the terms to Borrower on account of its such Lender's Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest errorLoan Commitment. Each Term Note shall (ai) be payable to the Lender to which it is issued or its registered assigns, (ii) be dated as of the Closing Date, (biii) be in a stated principal amount equal to the Term Loan Commitment of such Lender, (iv) be payable in Dollars in the outstanding principal amount of the Term Loans evidenced thereby, (v) mature on the Maturity Date, (vi) bear interest as provided in Section 2.4.4. hereof, (vii) be subject to voluntary prepayments as provided in Section 2.6.7. hereof and mandatory prepayments as provided in Section 2.6.8. hereof and (viii) be entitled to the benefit of this Agreement and the Other Documents, and all security granted or provided to the Agent for the ratable benefit of the Lenders thereunder. The Adminisitrative Agent shall record each Term Loan Maturity Date in the Loan Account and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing each Lender shall record on March 31, 2007 and on its internal records the last day amount of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The made by it and each payment received by it in respect thereof and will prior to any transfer thereof endorse on the reverse side thereof the outstanding principal amount of the Term Loan evidenced thereby; PROVIDED, however, that such payments received by each Lender on each of the initial nineteen installment dates Lender's failure to make any such record or endorsement shall be not affect Borrower's obligations in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01respect thereof.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B, with appropriate insertions (individually a “"Term Note” " and, collectively, the “"Term Notes”") payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s 's records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen twenty consecutive equal quarterly installments commencing on March December 31, 2007 2002 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates shall be in the amount of each Lender’s 's Commitment Proportion of $3,250,0001,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s 's Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note the Term Note, and shall bear interest and be payable to Lender upon the terms and conditions contained therein, which include the following provisions: (a) Interest shall accrue on the unpaid principal balance of the CompanyTerm Note (based on 360-day year) at the Floating Rate, substantially provided, that Borrower may elect, upon written notice that is received by Lender at least ten (10) days prior to the Term Conversion Date, that interest accrue at the Term Conversion Rate, in which case, commencing on the Term Conversion Date, interest shall accrue at the Term Conversion Rate. During the period that interest accrues at the Floating Rate, the interest rate on the Term Note shall change from time to time on the effective date of, and in conformity with, changes in the form Prime Rate. (b) Unless and until Borrower shall elect that interest accrue under the Term Note at the Term Conversion Rate, monthly installments of Exhibit Binterest and principal shall be due and payable on each Payment Date in the principal amount of $35,000.00 each, with appropriate insertions plus all accrued and unpaid interest. (individually a “c) Should Borrower elect that the Term Note” andNote bear interest at the Term Conversion Rate, collectivelyequal payments of principal and interest shall be due and payable in consecutive monthly installments commencing on the first Payment Date after the Term Conversion Date, and continuing on each Payment Date thereafter, each in an amount sufficient to fully amortize the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term Loan Note outstanding on the Term Conversion Date, at the Term Conversion Rate, over an amortization period equal to one hundred twenty (120) months less the full number of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and months that elapsed between the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. the Term Conversion Date. (d) The Term Noteentire unpaid principal balance, all accrued and unpaid interest, and all other amounts payable under the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature due and payable in full on the Term Loan Maturity Date and Date. (ce) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day of each March, June, September and December thereafter, with a twentieth and final If any payment on required under the Term Loan Maturity Date. The amount Note is not paid within fifteen (15) days after the date such payment is due, then, at the option of such payments received by each Lender on each Lender, Borrower shall pay a "late charge" equal to four percent (4%) of the initial nineteen installment dates shall be in the amount of each Lender’s Commitment Proportion that payment to compensate Lender for administrative expenses and other costs of $3,250,000delinquent payments. (f) After maturity, including maturity upon acceleration, the unpaid principal balance, all accrued and unpaid interest and all other amounts payable under the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01Default Rate.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B, with appropriate insertions (individually a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Date. The amount of such payments received by each Lender on each of the initial nineteen installment dates date and each installment date through June 30, 2008 shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, for each installment date from September 30, 2008 through March 31, 2009 shall be in the amount of each Lender’s Commitment Proportion of $250,000, for each installment date from June 30, 2009 through March 31, 2010 shall be in the amount of each Lender’s Commitment Proportion of $1,625,000, for each installment date from June 30, 2010 through March 31, 2011 shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, for each installment date from June 30, 2011 through September 30, 2011 shall be in an amount of each Lender’s Commitment Proportion of $5,325,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining principal amount outstanding. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.”

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit B, with appropriate insertions (individually a “"Term Note” " and, collectively, the “"Term Notes”") payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s 's records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Revolving Credit Conversion Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen sixteen consecutive equal quarterly installments commencing on March 31, 2007 and on the last day Business Day of each March, June, September and December thereafter, with a twentieth and final payment on the Term Loan Maturity Datecalendar quarter in which the Revolving Credit Conversion Date occurs. The amount of such payments received by each Lender on each of the initial nineteen fifteen installment dates shall be in the amount of each Lender’s 's Commitment Proportion of $3,250,000, the original principal amount the Term Loan and the last installment received by each Lender shall be in the amount of each Lender’s 's Commitment Proportion of the remaining principal amount outstandingoutstanding on the Term Loan Maturity Date. Each Lender's Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.

Term Note. The Term Loan made by each Lender shall be evidenced by a promissory note of the Company, substantially in the form of Exhibit BB hereto, with appropriate insertions (individually individually, a “Term Note” and, collectively, the “Term Notes”) payable to the order of such Lender and representing the obligation of the Company to pay the unpaid principal amount of the Term term Loan of such Lender with interest thereon as prescribed in Section 3.01. Each Lender is authorized to record the Type of its Term Loan and the date and amount of each payment or prepayment of principal thereof in such Lender’s records or on the grid schedule annexed to the Term Note; provided, however, that the failure of a Lender to set forth each payment and other information shall not in any manner affect the obligation of the Company to repay the Term Loan made by such Lender in accordance with the terms of its Term Note and this Agreement. The Subject to Section 10.05(d), the Term Note, the grid schedule and the books and records of each Lender shall constitute presumptive evidence of the information so recorded absent manifest error. Each Term Note shall (a) be dated the Closing Date, (b) be stated to mature on the Term Loan Maturity Date and (c) be payable as to principal in nineteen consecutive equal quarterly installments commencing beginning on September 30, 2012. The Company shall make principal payments in respect of the Term Loans on each date set forth below and in the aggregate principal amount set forth opposite such date: Date Amount September 30, 2012 $ 1,000,000 December 31, 2012 $ 1,000,000 March 31, 2007 and on 2013 $ 1,000,000 June 30, 2013 $ 2,000,000 September 30, 2013 $ 2,000,000 December 31, 2013 $ 2,250,000 March 31, 2014 $ 2,250,000 June 30, 2014 $ 39,500,000 To the last day of each Marchextent not previously repaid, June, September and December thereafter, with a twentieth and final payment the aggregate unpaid principal amount under the Term Loans shall be paid in full by the Company on the Term Loan Maturity Date. The amount of such quarterly principal payments as well as the payment on the Term Loan Maturity Date received by each Lender on each of the initial nineteen installment dates date shall be in the amount of each Lender’s Commitment Proportion of $3,250,000, and the last installment received by each Lender shall be in the amount of each Lender’s Commitment Proportion of the remaining aggregate principal amount outstandingbeing paid on such date. Each Term Note shall bear interest from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum determined as provided in, and payable as specified in, Section 3.01.