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Indicative Summary of Terms for
Secured Term Loan Facility
December 19, 2008
Based upon the preliminary information provided to the United States Department of the Treasury (the
“UST”) regarding the proposed Facility, the following Summary of Terms outlines (for discussion
purposes only) the key terms and conditions of a potential transaction. This Summary of Terms is not
intended to be a comprehensive list of all relevant terms and conditions of the transactions contemplated
herein. Further, these terms are subject to completion of due diligence, legal and other internal review
and receipt of related approvals satisfactory to UST and any other approval procedures customary for a
transaction of this nature. Final terms will be included in definitive documentation based on this
Summary of Terms and executed by the applicable parties. This Summary of Terms is intended for the
sole benefit of the Company identified on Appendix A and certain of its affiliates and shall not be relied
upon by any other person.
Facility:
A term loan that is full recourse to Borrower(s) (except as provided on Appendix
A), secured by a first or junior lien, as applicable, on all of Borrower(s)’ assets,
and is subject to the terms and conditions contained herein and in the definitive
Facility documentation.
Borrower(s):
As set forth on Appendix A.
Lender:
UST, on a committed basis.
Guarantor(s):
As set forth on Appendix A. The Borrower(s) and the Guarantor(s) shall
hereinafter each be referred to as a “Loan Party,” and collectively, as “Loan
Parties.”
Closing Date:
As set forth on Appendix A.
Loan:
Lender will make available to Borrower(s) a loan in an aggregate amount up to
the amount set forth on Appendix A (the “Loan Amount”) in predetermined
draw amounts, as further specified on Appendix A.
Availability:
On the dates specified in Appendix A, Borrower(s) may request Lender to fund a
draw up to an amount set forth on Appendix A for such date (each such funding