(f) Equipment Advances.
(i) Subject to and upon the terms and conditions of this Agreement, Bank agrees
to make advances (each an Equipment Advance and, collectively, the Equipment
Advances) to Borrower in two tranches, Tranche A and Tranche B. Borrower may request
Equipment Advances under Tranche A at any time from the date hereof through the Tranche A
Availability End Date. Borrower may request Equipment Advances under Tranche B at any
time from the Tranche A Availability End Date through the Tranche B Availability End
Date. The aggregate outstanding amount at any time of Tranche A Equipment Advances and
Tranche B Equipment Advances shall not exceed the Maximum Equipment Line Availability.
Each Equipment Advance shall not exceed 100% of the invoice amount of equipment and
software approved by Bank from time to time (which Borrower shall, in any case, have
purchased within 90 days of the date of the corresponding Equipment Advance), including
taxes, shipping, warranty charges, freight discounts and installation expense
(collectively, Soft Costs); provided that the aggregate amount of Equipment Advances made for
Soft Costs shall not exceed 20% of the aggregate principal amount of Equipment Advances.
Borrower will be allowed an initial Equipment Advance for equipment purchased no earlier
than June 1, 2011, subject to the aforementioned conditions.
(ii) Interest shall accrue from the date of each Equipment Advance at the rate
specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any
Equipment Advances that are outstanding under Tranche A on the Tranche A Availability End
Date shall be payable in 36 equal monthly installments of principal, plus all accrued
interest, beginning on May 15, 2012, and continuing on the same day of each month
thereafter through April 15, 2015, at which time all amounts due in connection with
Tranche A Equipment Advance made under this Section 2.3(f). shall be immediately due and
payable. Any Equipment Advances that are outstanding under Tranche B on the Tranche B
Availability End Date shall be payable in 30 equal monthly installments of principal,
plus all accrued interest, beginning on November 15, 2012, and continuing on the same day
of each month thereafter through April 15, 2015, at which time all amounts due in
connection with Tranche B Equipment Advance made under this Section 2.1(f) shall be
immediately due and payable. Equipment Advances, once repaid, may not be reborrowed.
Borrower may prepay any Equipment Advances without penalty or premium.
(iii) When Borrower desires to obtain an Equipment Advance, Borrower shall notify
Bank (which notice shall be irrevocable) by facsimile transmission to be received no
later than 3:00 p.m. Central time on the day on which the Equipment Advance is to be
made. Such notice shall be substantially in the form of Exhibit C . The notice
shall be signed by a Responsible Officer or its designee and include a copy of the
invoice for any Equipment to be financed.
§ 2.2 Interest Rates. Section 2.3 of the Original Agreement is hereby amended in its entirety to
read as follows:
(a) Interest Rates.