Common use of Termination Prior to Maturity Date Clause in Contracts

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.50%) of the Revolving Line (i.e. Forty Five Thousand Dollars ($45,000.00)), provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five Two Hundred Fifty Thousand Dollars ($45,000.00250,000)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This EXIM Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five One Hundred Thousand Dollars ($45,000.00100,000) (unless otherwise payable pursuant to Section 12.1 of the Domestic Agreement)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and Fifteen Thousand Dollars ($15,000) (i.e. one-half percent (1.500.50%) of the Revolving Line (i.e. Forty Five Thousand Three Million Dollars ($45,000.003,000,000)), ; provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five One Hundred Thousand Dollars ($45,000.00100,000)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 9 The Loan Agreement shall be amended by deleting the following definitions text appearing alphabetically in as Section 13.1 12.14 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five Two Hundred Thousand Dollars ($45,000.00200,000)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following definitions appearing alphabetically in Section 13.1 thereoffollowing:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five Two Hundred Fifty Thousand Dollars ($45,000.00250,000)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following definitions appearing alphabetically in Section 13.1 thereoffollowing:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligationsall Obligations and Bank’s obligation to make Credit Extensions has terminated. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and Twenty Thousand Dollars ($20,000) (i.e. one-half percent (1.500.50%) of the Revolving Line (i.e. Forty Five Thousand Four Million Dollars ($45,000.004,000,000)), ; provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:”

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.50%) of the Revolving Line (i.e. Forty Five One Hundred Thousand Dollars ($45,000.0080,000) (i.e. one percent (1.00%) of Eight Million Dollars ($8,000,000)); provided that, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to one and one-half percent (1.50%) of the Revolving Line (i.e. Forty Five Sixty Thousand Dollars ($45,000.0060,000) (i.e. one percent (1.00%) of Six Million Dollars ($6,000,000)); provided that, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Defaultelection, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee (i) in an amount equal to Fifty Thousand Dollars (ie. one and one-half percent (1.501.00%) of the Revolving Line Line) if terminated prior to the one year anniversary of the Effective Date, or (i.e. Forty ii) Twenty Five Thousand Dollars ($45,000.00))25,000) (ie. one half of one percent (0.5%) of the Revolving Line) if terminated on or after the one year anniversary of the Effective Date but prior to the Maturity Date, provided that no termination fee shall be charged if the credit facility hereunder is (x) replaced with a new facility from another division of Silicon Valley BankBank or (y) terminated by Borrower due to Bank changing the criteria of Eligible Accounts. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Defaultelection, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee (i) in an amount equal to Fifty Thousand Dollars (i.e. one and one-half percent (1.501.00%) of the Revolving Line Line) if terminated prior to the one year anniversary of the Effective Date, or (i.e. Forty ii) Twenty Five Thousand Dollars ($45,000.00))25,000) (i.e. one half of one percent (0.5%) of the Revolving Line) if terminated on or after the one year anniversary of the Effective Date but prior to the Maturity Date, provided that no termination fee shall be charged if the credit facility hereunder is (x) replaced with a new facility from another division of Silicon Valley BankBank or (y) terminated by Borrower due to Bank changing the criteria of Eligible Accounts. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following definitions appearing alphabetically in Section 13.1 thereoffollowing:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election (regardless of the existence of any Event of Default), or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-owing, a termination fee in an amount equal to either (i) if terminated at any time prior to the first anniversary of the Effective Date, an amount equal to one and one-half of one percent (1.50%) of the Revolving Line (i.e. Forty Five Six Hundred Thousand Dollars ($45,000.00600,000)) or (ii) if terminated at any time after the first anniversary of the Effective Date but prior to the Revolving Line Maturity Date, an amount equal to one percent (1.00%) of the Revolving Line (i.e. Four Hundred Thousand Dollars ($400,000)), ; provided that in no event will the fees in both of the immediately preceding clauses (i) and (ii) be required to be paid and no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting the following definitions appearing alphabetically in Section 13.1 thereof:

Termination Prior to Maturity Date. This Agreement may be terminated prior to the Revolving Line Maturity Date by Borrower, effective three (3) Business Days after written notice of termination is given to Bank or if Bank’s obligation to fund Credit Extensions terminates pursuant to the terms of Section 2.1.1(b). Notwithstanding any such termination, Bank’s lien and security interest in the Collateral shall continue until Borrower fully satisfies its Obligations. If such termination is at Borrower’s election or at Bank’s election due to the occurrence and continuance of an Event of Default, Borrower shall pay to Bank, in addition to the payment of any other expenses or fees then-then- owing, a termination fee in an amount equal to one and one-half percent (1.501.00%) of the Revolving Line (i.e. Forty Five Two Hundred Fifty Thousand Dollars ($45,000.00250,000)); provided, provided that no termination fee shall be charged if the credit facility hereunder is replaced with a new facility from another division of Silicon Valley Bank. Upon payment in full of the Obligations and at such time as Bank’s obligation to make Credit Extensions has terminated, Bank shall release its liens and security interests in the Collateral and all rights therein shall revert to Borrower.” 18 The Loan Agreement shall be amended by deleting and inserting in lieu thereof the following definitions appearing alphabetically in Section 13.1 thereoffollowing: