Funding Source. Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan in any particular place or manner.

Initial Funding. Notwithstanding anything to the contrary in this Agreement, on the date hereof, ​ and ​ hereby agree that ​ shall purchase 3,076,923 restricted common shares from ​ on the date hereof at an effective priced of $0.65 per share (or $2,000,000 in the aggregate), with no registration rights.

Funding Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:

No Funding. The Company shall be under no obligation to fund or set aside amounts to pay obligations under this Plan. Participants shall have no rights to any amounts under this Plan other than as a general unsecured creditor of the Company.

Loans. Each Revolving Loan borrowing, each payment or prepayment of principal of any Revolving Loan, each payment of fees (other than administrative fees payable pursuant to [Section 3.4(c)] and [Section 3.4(d)], the Issuing [[Organization A:Organization]] Fees and, as set forth in Section 3.4(a), the Facility Fees), each reduction of the Revolving Committed Amount, and each conversion or continuation of any Revolving Loan, shall (except as otherwise provided in [Section 3.11]) be allocated pro rata among the Lenders in accordance with the respective Revolving Loan Commitment Percentages of the Lenders (or, if the Commitments of the Lenders have expired or been terminated, in accordance with the respective principal amounts of the outstanding Loans and Participation Interests of the Revolving Loan Lenders); provided that, if any [[Organization A:Organization]] shall have failed to pay its applicable pro rata share of any Revolving Loan, then any amount to which such [[Organization A:Organization]] would otherwise be entitled pursuant to this Section 3.7 shall instead be payable to the Administrative Agent until the share of such Loan not funded by such [[Organization A:Organization]] has been repaid; provided further, that in the event any amount paid to any [[Organization A:Organization]] pursuant to this Section 3.7 is rescinded or must otherwise be returned by the Administrative Agent, each [[Organization A:Organization]] shall, upon the request of the Administrative Agent, repay to the Administrative Agent the amount so paid to such [[Organization A:Organization]], with interest for the period commencing on the date such payment is returned by the Administrative Agent until the date the Administrative Agent receives such repayment at a rate per annum equal to, during the period to, but excluding, the date two Business Days after such request, the Federal Funds Rate, and thereafter, at the Base Rate plus two percent (2%) per annum.

Loans Make any loans or other advances of money to any Person, except: # advances to an officer or employee for salary, travel expenses, relocation/moving costs, commissions and similar items in the Ordinary Course of Business; # prepaid expenses and extensions of trade credit made in the Ordinary Course of Business; # deposits with financial institutions permitted hereunder; # as long as no Default or Event of Default exists or would result therefrom, intercompany loans or advances from a Borrower to another Borrower; and # as long as a Restriction Trigger Period is not in effect or would result therefrom, intercompany loans or advances by a Borrower to a Subsidiary of a Borrower that is not a Borrower; provided, however, solely in the case of clause (e), during a Restriction Trigger Period and so long as no Event of Default exists or would result therefrom, additional intercompany loans or advances shall be permitted to the extent that such additional intercompany loans and advances do not exceed $5,000,000 in the aggregate per Fiscal Year. For the avoidance of doubt, [clause (e) above] shall not limit non-cash Availability neutral ledger entries by the Borrowers. Upon Agent’s request, any such intercompany loan or advance referred to in [clauses (d) or (e) above] shall be evidenced by a promissory note executed by the appropriate debtor and, to the extent included in the Collateral, delivered to Agent, with appropriate assignment provisions. With respect to such promissory notes evidencing loans and advances referred to in clause (d), such promissory notes shall be subordinated and junior in right and payment to the Full Payment of the Obligations.

Loans. Each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make loans to each Borrower pursuant to this Section from time to time during the Revolving Credit Period; provided that, immediately after each such loan is made, # the aggregate outstanding principal amount of such Lender’s Loans to all Borrowers plus the aggregate amount of such Lender’s Letter of Credit Liabilities shall not exceed its Commitment, # the aggregate outstanding principal amount of Loans to any Borrower plus the aggregate amount of Letter of Credit Liabilities for the account of such Borrower shall not exceed the Maximum Availability of such Borrower and # the Total Outstanding Amount shall not exceed the aggregate amount of the Commitments. Within the foregoing limits, the Borrower may borrow under this subsection, prepay Loans to the extent permitted by Section 2.10 and reborrow at any time during the Revolving Credit Period under this subsection. Loans made to any Borrower shall be the several obligations of such Borrower.

Loans. Each Lender severally agrees, on the terms and conditions set forth in this Agreement, on the Closing Date to make Loans to [[Organization A:Organization]] in the amount of such Lender’s Commitment. Amounts borrowed hereunder and prepaid or repaid may not be reborrowed.

#Funding Office, Funding Time, Payment Office, Payment Time for Swing Line Loans.

“Unfunded Commitment” means, with respect to each Lender, prior to the funding of the Loans on the Term Loan Funding Date, the Commitment of such Lender (it being understood and agreed that after the funding of the Loans on the Term Loan Funding Date, the Unfunded Commitment of each Lender shall be zero).