DISBURSEMENTS TO THE EXTENT REQUIRED TO PROVIDE FUNDS
FOR AMOUNTS DRAWN OR ANTICIPATED TO BE DRAWN SHORTLY ON SUCH ACCOUNTS (BUT NOT
MORE THAN ONE (1) BUSINESS DAYS AFTER THE DATE OF DEPOSIT THEREIN), (B) CAUSE
AMOUNTS TO BE DEPOSITED IN THE BLOCKED ACCOUNTS IN ACCORDANCE WITH THE TERMS OF
SECTION 6.3 HEREOF AND (C) MAKE DEPOSITS IN THOSE DEPOSIT ACCOUNTS HAVING
BALANCES OF LESS THAN $50,000 UP TO AN AGGREGATE AMOUNT FOR ALL SUCH ACCOUNTS OF
$250,000 (AND IN THE CASE OF THE DEPOSIT ACCOUNT NUMBER 08001031 AT COMMUNITY
FIRST BANK HAVING A BALANCE OF NOT MORE THAN $100,000 FOR MORE THAN FIVE
(5) CONSECUTIVE DAYS) AS DESCRIBED IN SECTION 5.2(D) HEREOF, AND (II) THE TERMS
AND CONDITIONS OF SECTION 5.2 HEREOF SHALL HAVE BEEN SATISFIED WITH RESPECT TO
THE DEPOSIT ACCOUNT, INVESTMENT ACCOUNT OR OTHER ACCOUNT IN WHICH SUCH CASH OR
CASH EQUIVALENTS ARE HELD TO THE EXTENT REQUIRED THEREUNDER;
(D)
THE EXISTING EQUITY INVESTMENTS OF EACH BORROWER AND THE
SUBSIDIARIES OF BORROWER AS OF THE DATE HEREOF IN ITS SUBSIDIARIES;
PROVIDED, THAT, NO BORROWER SHALL HAVE ANY FURTHER OBLIGATIONS OR LIABILITIES TO
MAKE ANY CAPITAL CONTRIBUTIONS OR OTHER ADDITIONAL INVESTMENTS OR OTHER PAYMENTS
TO OR IN OR FOR THE BENEFIT OF ANY OF SUCH SUBSIDIARIES;
(E)
LOANS AND ADVANCES BY ANY BORROWER OR ANY OF ITS
SUBSIDIARIES TO EMPLOYEES OF SUCH BORROWER OR SUCH SUBSIDIARY NOT TO EXCEED THE
PRINCIPAL AMOUNT OF $1,000,000 IN THE AGGREGATE AT ANY TIME OUTSTANDING FOR:
(I) REASONABLY AND NECESSARY WORK-RELATED TRAVEL OR OTHER ORDINARY BUSINESS
EXPENSES TO BE INCURRED BY SUCH EMPLOYEES IN CONNECTION WITH THEIR WORK FOR SUCH
BORROWER OR SUCH SUBSIDIARY AND (II) REASONABLE AND NECESSARY RELOCATION
EXPENSES OF SUCH EMPLOYEES (INCLUDING HOME MORTGAGE FINANCING FOR RELOCATED
EMPLOYEES);
(F)
STOCK OR OBLIGATIONS ISSUED TO ANY BORROWER OR ANY
OTHER PERSON LIABLE IN RESPECT OF THE OBLIGATIONS BY ANY PERSON (OR THE
REPRESENTATIVE OF SUCH PERSON) IN RESPECT OF INDEBTEDNESS OF SUCH PERSON OWING
TO ANY BORROWER OR SUCH OBLIGOR IN CONNECTION WITH THE INSOLVENCY, BANKRUPTCY,
RECEIVERSHIP OR REORGANIZATION OF SUCH PERSON OR A COMPOSITION OR READJUSTMENT
OF THE DEBTS OF SUCH PERSON OR IN CONNECTION WITH THE SETTLEMENT OF DISPUTES OR
TRADE PAYABLES; PROVIDED, THAT, TO THE EXTENT THAT THE ORIGINAL OF ANY SUCH
STOCK OR INSTRUMENT EVIDENCING SUCH OBLIGATIONS (IF ANY) IS ISSUED OR PAYABLE TO
SUCH BORROWER OR ANY OTHER PERSON LIABLE IN RESPECT OF THE OBLIGATIONS, IT SHALL
BE PROMPTLY DELIVERED TO AGENT, UPON AGENT'S REQUEST, TOGETHER WITH SUCH STOCK
POWER, ASSIGNMENT OR ENDORSEMENT BY SUCH BORROWER OR SUCH OTHER PERSON AS AGENT
MAY REQUEST;
(G)
OBLIGATIONS OF ACCOUNT DEBTORS TO ANY BORROWER OR ANY OF
ITS SUBSIDIARIES ARISING FROM ACCOUNTS WHICH ARE PAST DUE WHETHER OR NOT
EVIDENCED BY A PROMISSORY NOTE MADE BY SUCH ACCOUNT DEBTOR PAYABLE TO SUCH
BORROWER OR SUCH SUBSIDIARY; PROVIDED, THAT, PROMPTLY UPON THE RECEIPT OF THE
ORIGINAL OF ANY SUCH PROMISSORY NOTE BY SUCH BORROWER OR ANY PERSON LIABLE IN
RESPECT OF THE OBLIGATIONS, SUCH PROMISSORY NOTE SHALL BE