CREDIT AGREEMENT

The parties hereto agree as follows:

1.

Definitions

1.1.

Defined Terms . As used herein:

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1.2.

Rules of Construction . The foregoing definitions shall be equally applicable to both the singular and plural forms of the defined terms. Use of the terms "herein" "hereof", and "hereunder" shall

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1.3.

Accounting Terms . All accounting terms not specifically defined herein shall be construed in accordance with GAAP.

2.

Terms of Credit

2.1.

Line of Credit . Subject to the terms and conditions of this Agreement, Bank shall make the Line of Credit available to Borrower for general working capital purposes, including reacquisition of Borrower’s common stock, in an initial maximum principal amount of up to One Hundred Fifty Million Dollars ($150,000,000.00). The availability of the Line of Credit will reduce by $21,428,571.43 each calendar quarter, beginning on April 1, 2008, and will reduce by a like amount on the first day of each calendar quarter thereafter, and shall in any event be payable in full in any and all events on the Maturity Date. The Borrower , at any time and from time to time, may permanently reduce the Line of Credit in whole or in part, in integral multiples of $1,000,000, upon at least one Business Day written notice to the Bank, which notice shall specify the amount of any such reduction, provided, however, that the amount of the Line of Credit may not be reduced below the outstanding principal balance of the Note.

2.2.

Interest . Prior to maturity or Default, the outstanding principal balance of the Line of Credit from time to time shall bear interest at a per annum rate or rates as contemplated and otherwise set forth in the Note which evidences the outstanding Advances.

2.3.

Payments of Principal and Interest .

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2.3.1.

Line of Credit . Interest on the outstanding balance of the Line of Credit from time to time shall be due and payable as provided for in the Notes. Prior to the Maturity Date, the Borrower shall make sufficient principal payments on April 1, 2008 and on the first day of each calendar quarter thereafter to reduce the outstanding principal balance of the Line of Credit to an amount then available under the Line of Credit. The entire principal balance of the Line of Credit, together with all accrued and unpaid interest thereon, and all fees and charges payable in connection therewith shall be due and payable on the Maturity Date.

2.3.2.

Method of Payment . All payments of principal and interest hereunder shall be made in immediately available funds to Bank at Bank’s address set forth on the signature page hereof or at any other place specified in writing by Bank to Borrower, by Noon (Indianapolis time) on the date when due.

2.3.3.

Business Day . If any required payment of principal or interest provided herein becomes due and payable on a date other than a Business Day, the maturity of the installment of principal or interest shall be extended to the next succeeding Business Day, and interest shall be payable during such extension of maturity.

2.4.

Prepayment . Subject to the limitations set forth in this Agreement, Borrower may borrow, pay, reborrow and repay the available principal amount of the Line of Credit at any time, and from time to time, subject to the provisions set forth in the Notes.

2.5.

Fees .

2.5.1.

Commitment Fee . In connection with the availability of the Line of Credit, the Borrower will pay to the Bank a commitment fee equal to 0.15% per annum on the average daily unused balance of the Line of Credit, taking into consideration the periodic reductions of availability of the Line of Credit set forth in Section 2.1. Such fee will be payable quarterly in arrears following receipt of an invoice therefore to the Borrower, calculated on the last day of each calendar quarter and at the maturity of the Line of Credit.

2.5.2.

Late Charges . The Borrower shall pay to the Bank for each required payment due under a Note which is paid more than ten (10) days following its due date, a late charge equal to the greater of (i) $25.00, or (ii) five percent (5.0%) of the required payment amount, provided however that the late charge assessed with respect to any late payment will not exceed Fifteen Hundred and 00/100 Dollars ($1,500.00).

2.5.3.

General . The compensation provided in this Section 2.5 shall be in consideration of the services of Bank in connection with the Line of Credit and shall be in addition to any other fee, charge, payment or expense required to be borne by the Borrower under the Loan Documents.

2.6.

Method of Advance . Whenever the Borrower desires the Bank to make an Advance, the Borrower, by an Authorized Officer shall give the Bank notice by not later than 1:30 p.m., Indianapolis time on the day of the proposed Advance which shall be a Business Day, which notice shall specify the amount and the proposed date of the Advance. Such notice shall be given in writing (which may be a facsimile transmission or e-mail) and the Bank, in making an Advance, shall be authorized to rely on any such notice which shall have been received by it in good faith from a Person reasonably believed to be an Authorized Officer. All advances will be made to the Borrower by a credit to the Borrower's account maintained at the Bank. All advances by Bank and payments by Borrower shall be recorded by Bank on its books and records, and the principal amount outstanding from time to time, plus interest payable thereon, shall be determined from the books and records of Bank. The books and records of Bank shall be presumed prima facie correct as to such matters, absent manifest error.

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2.7.

Security for Secured Note . At any time the outstanding principal balance of the Advances is evidenced by the Secured Note (a) the Obligations will be secured under the terms of the Security Agreement, and (b) Borrower will at all times maintain investment property in the Custodial Account subject to the Security Agreement which constitute Permissible Investments with a market value of not less than 105.3% of the outstanding principal balance of the Secured Note (the "Collateral Requirement"). If the Collateral Requirement is not satisfied for any period of ten (10) consecutive Business Days (the "Cure Period"), the Borrower shall be deemed to have elected to borrow on an unsecured basis, and such deemed election shall be immediately effective as of the close of the Bank’s business on the last day of the Cure Period.

3.

Representations and Warranties . Borrower represents, covenants and warrants to Bank as follows:

3.1.

Due Organization . Borrower represents that it is a corporation duly organized and validly existing in the State of Delaware and is qualified to do business as a foreign entity in every State in which failure to be qualified reasonably could be expected to have a material adverse effect on its business.

3.2.

Power . Borrower possesses the requisite power to enter into the Loan Documents, to borrow thereunder, to execute and deliver the Loan Documents and to perform its obligations thereunder.

3.3.

Authority . Borrower has taken the necessary corporate action to authorize the execution and delivery of the Loan Documents and the borrowings thereunder and the granting of the security interests therein, and none of the provisions of the Loan Documents violates, breaches, contravenes, conflicts with, or causes a default under any provision of certificate of incorporation or by-laws of Borrower or any provision of any existing note, bond, mortgage, debenture, indenture, trust, license, lease, instrument, decree, order, judgment, or agreement to which either Borrower is a party or by which it or its assets may be bound or affected.

3.4.

Financial Statements . The Current Financials were prepared in accordance with GAAP and fairly present the financial condition of the Borrower as of the date thereof and the results of its operations for the period then ended and, to the knowledge of the Borrower, since such dates, there has been no material adverse change in Borrower’s financial condition.

3.5.

Binding Obligations . Each of the Loan Documents to be executed by Borrower, when issued for value, will constitute a legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with its terms, except as the same may be limited by reorganization, bankruptcy, insolvency, moratorium or other laws affecting generally the enforcement of creditors’ rights.

3.6.

Default . No event has occurred and or no circumstances exists that constitute, or which with notice, lapse of time, or both, would constitute a material default under the terms and conditions of any trust, debenture, indenture, note, bond, instrument, mortgage, material lease, order, decree, or judgment to which the Borrower is a party or by which it or its assets are bound.

3.7.

Tax Returns . To Borrower’s knowledge, except as otherwise disclosed in writing to Bank, all tax returns or reports of the Borrower required by law to have been filed have been filed, and all taxes, assessments, contributions, fees and other governmental charges (other than those presently payable without penalty or interest and those currently being contested in good faith and against which adequate reserves have been established) upon Borrower or its assets, properties or income, which are payable, have been paid, except for any that if not filed or paid, could not reasonably be expected to have a material adverse effect on the Borrower

3.8.

Litigation . Except as set forth on Schedule 3.8 , no litigation or proceeding of any Governmental Authority or other Person is presently pending or, to the Borrower’s knowledge threatened, nor has any claim been asserted, against Borrower which seeks to enjoin the transactions contemplated

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3.9.

ERISA . To the best of Borrower’s knowledge, Borrower and each ERISA Affiliate is in compliance in all material respects with all applicable provisions of ERISA, and neither Borrower nor any ERISA Affiliate has incurred any liability to the PBGC. Neither a "reportable event", nor a "prohibited transaction", has occurred under, nor has there occurred any complete or partial withdrawal from, nor has there occurred any other event which would constitute grounds for termination of or the appointment of a trustee to administer any "employee benefit plan" (including any "multi-employer plan") maintained for employees of Borrower or any ERISA Affiliate, all within the meanings ascribed by ERISA.

3.10.

Full Disclosure . To Borrower’s knowledge, no written information, exhibit, memorandum, or report (excluding estimated future operating results) furnished by Borrower to Bank in connection with the negotiation of the Line of Credit contains any material misstatement of fact, or omits to state any fact necessary to make the statements contained therein not materially misleading, and all estimated future operating results, if furnished, were prepared on the basis of assumptions, data, information, tests or other conditions believed to be valid or accurate or to exist at the time such estimates were prepared and furnished. There currently exists no fact or circumstance relative to Borrower, whether or not disclosed, which is presently anticipated to have a material adverse effect upon the business, operations, financial condition or properties of Borrower or the ability of Borrower to fully perform its obligations under the Loan Documents.

3.11.

Licenses . Borrower possesses such franchises, licenses, permits, patents, copyrights, trademarks, and consents of appropriate Governmental Authorities to own its property and as are necessary to carry on its business.

3.12.

Compliance with Law . Borrower is in substantial compliance with all applicable requirements of law and of all Governmental Authorities, noncompliance with which reasonably could be expected to have a materially adverse effect upon the business, operations, financial condition or properties of Borrower.

3.13.

Margin Stock . Borrower is not engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of the Line of Credit will be used, either directly or indirectly, for the purpose, whether immediate, incidental or remote, of purchasing or carrying any margin stock or of extending credit to others for the purpose of purchasing or carrying any margin stock, and Borrower shall furnish to Bank, upon its request, a statement in conformity with the requirements of Federal Reserve Board Form U-1 referred to in Regulation U. Further, no part of the proceeds of the Line of Credit will be used for any purpose that violates, or which is inconsistent with, the provisions of Regulations G, T, U or X of the Board of Governors.

3.14.

Approvals . No authorization, consent, approval or any form of exemption of any Governmental Authority is required in connection with the execution and delivery by Borrower of the Loan Documents, the borrowings and performance by Borrower thereunder or the issuance of the Note.

3.15.

Insolvency . Borrower is not "insolvent" within the meaning of that term as defined in §101(32) of the Federal Bankruptcy Code and is able to pay its debts as they mature.

3.16.

Regulation . Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company" or an "affiliate of a holding company" or a "subsidiary of a holding company" within the meanings of the Public Utility Holding Company Act of 1935, as amended.

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3.17.

Environmental Compliance . To the knowledge of Borrower, except as disclosed in any written report delivered to Bank, Borrower is in material compliance with all material Environmental Laws, including, without limitation, all Environmental Laws in jurisdictions in which Borrower owns or operates, or has owned or operated, a facility or site, arranges or has arranged for disposal or treatment of hazardous substances, solid waste or other waste, accepts or has accepted for transport any hazardous substances, solid waste or other wastes or holds or has held any interest in real property or otherwise. No litigation or proceeding arising under, relating to or in connection with any Environmental Law is pending or, to Borrower’s knowledge, threatened against Borrower, any real property which a Borrower holds or has held an interest or any past or present operation of Borrower. No release, threatened release or disposal or hazardous waste, solid waste or other wastes is occurring, or, to the knowledge of the Borrower, has occurred, on, under or to any real property in which Borrower holds any interest or performs any of its operations, in material violation of any material Environmental Law. As used in this Section, "litigation or proceeding" means any demand, claim, notice, suit, suit in equity, action, administrative action, investigation or inquiry whether brought by a Governmental Authority.

4.

Covenants

4.1.

Negative Covenants . Until the Obligations shall have been fully and finally paid and performed, without the prior written consent of Bank, which consent shall not be unreasonably withheld, Borrower will not:

4.1.1.

Dispose of Property . Except in the ordinary course of business (which will include the disposition of equipment or real property no longer used or useful to the Borrower), sell, transfer, lease or otherwise dispose of any material part of Borrower’s assets or properties, or discount, with or without recourse, any accounts of Borrower without prior notification to the Bank.

4.1.2.

Further Encumber . Except for Permitted Encumbrances, and liens granted under the Security Agreement, voluntarily create or suffer to exist any mortgage, pledge, lien or other encumbrance upon any of its properties or assets, real or personal, tangible or intangible, whether now owned or hereafter acquired.

4.1.3.

Merge, Etc . Enter into any consolidation or merger with any Person unless the Borrower will be the surviving corporation in such merger or consolidation.

4.1.4.

Change Name or Place of Business . Change its name or jurisdiction of organization, except after thirty (30) days prior written notice to the Bank.

4.1.5.

Accounting Policies . Change its fiscal year or any of its significant accounting policies, except to the extent necessary to comply with or permitted by GAAP.

4.1.6.

Change of Business . Make any material change in the nature of its business as carried on at the date of closing of the Line of Credit, which change could reasonably be expected to have a material adverse effect on the business or financial condition of the Borrower.

4.1.7.

Benefit Plans . Permit any condition to exist in connection with any employee benefit plan which would constitute grounds for the PBGC to institute proceedings to have the employee benefit plan terminated or a trustee appointed to administer the employee benefit plan; or engage in, or permit to exist or occur any other condition, event or transaction with respect to any employee benefit plan which could result in Borrower incurring any material liability, fine or penalty.

4.1.8.

Permissible Investments . Amend the definition of Permissible Investments contained in the Investment Guidelines attached to the Investment Management Agreement of even

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4.2.

Affirmative Covenants . Until the Obligations shall have been fully and finally paid and performed, unless expressly waived in writing by Bank, which waiver shall not be unreasonably withheld, Borrower shall:

4.2.1.

Financial Reporting . Furnish to Bank:

4.2.1.1.

As soon as practicable, but in any event within 120 days after the end of each fiscal year, its audited balance sheet and related statements of operations, stockholders' equity and cash flows as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all reported on by independent public accountants of recognized national standing (without a "going concern" or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated subsidiaries on a consolidated basis in conformity with GAAP;

4.2.1.2.

As soon as practicable, but in any event within 45 days after the end of each of fiscal quarter of the Borrower, its internally prepared balance sheet and related statements of operations, stockholders' equity and cash flows as of the end of and for such fiscal quarter and the then elapsed portion of the fiscal year, all certified by one of its officers as presenting fairly in all material respects the financial condition and results of operations of the Borrower on a consolidated basis in accordance with GAAP, subject to normal year-end adjustments and the absence of footnotes;

4.2.1.3.

Within 45 days after the end of each fiscal quarter of the Borrower, a certificate setting forth the status of Borrower’s compliance as at the end of such fiscal quarter with the financial covenants set forth in Section 4.3 hereof signed one of its authorized officers and further indicating whether the exists any Default under this Agreement, and if so the event or condition which gives rise to such Default;

4.2.1.4.

As soon as possible, but in any event within thirty (30) days after the commencement thereof, a written statement describing any litigation instituted by or against Borrower which, if adversely determined, could reasonably be expected to have a material effect upon the business, operations, financial condition or properties of Borrower;

4.2.1.5.

As soon as possible, but in any event within ten (10) days after Borrower becomes aware thereof, a written statement describing any reportable event or prohibited transaction which has occurred with respect to any employee benefit plan and the action which Borrower proposes to take with respect thereto;

4.2.1.6.

Such other information as Bank may from time to time reasonably request in writing.

4.2.2.

Existence . Maintain its existence and right to do business.

4.2.3.

Taxes, Etc . Pay and discharge all taxes, assessments, judgments, orders, and governmental charges or levies imposed upon Borrower or on its income or profits or upon its property prior to the date on which penalties attach thereto and all lawful claims which, if unpaid, may become a lien or charge upon the property of Borrower, provided

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4.2.4.

Maintain Properties . Maintain all properties and assets used by, or useful to, Borrower in the ordinary course of its business in good working order and condition and suitable for the purpose for which it is intended, ordinary wear and tear excepted, and from time to time, make any necessary repairs and replacements.

4.2.5.

Insurance . Maintain in full force and effect public liability insurance and casualty insurance policies with coverages and with such companies as are reasonably acceptable to Bank.

4.2.6.

Books and Records . Keep proper books of account in which full, true and correct entries will be made of all dealings and transactions of and in relation to the business and affairs of Borrower, and, upon reasonable advance notice and during normal business hours, and as often as Bank may reasonably request, permit authorized representatives of Bank to (a) have access to the premises and properties of Borrower and to the records relating to the operations of Borrower; (b) make copies of or excerpts from such records; (c) discuss the affairs, finances and accounts of Borrower with and be advised as to the same by the chief executive and financial officers of Borrower; and (d) audit and inspect such books, records, accounts, memoranda and correspondence at all reasonable times, to make such abstracts and copies thereof as Bank may deem necessary.

4.2.7.

Reports . File, as appropriate, on a timely basis, annual reports, operating records and any other reports or filings required to be made with any Governmental Authority, which if not filed, could reasonably be expected to have a material adverse effect on the business of financial condition of the Borrower.

4.2.8.

Licenses . Maintain in full force and effect all material operating permits, licenses, franchises, and rights required by Borrower in the ordinary course of business.

4.2.9.

Compliance with Law . Comply with, conform to, and obey in all material respects all material laws, ordinances, rules, regulations and other legal requirements applicable to Borrower, including, without limitation, all material Environmental Laws and ERISA.

4.2.10.

Trade Accounts . Pay all trade accounts in accordance with Borrower’s customary practice.

4.2.11.

Use of Proceeds . Use the proceeds of the Line of Credit solely for the purposes herein described.

4.2.12.

Loan Payments . Duly and punctually pay or cause to be paid principal and interest on the Line of Credit in lawful money of the United States at the time and places and in the manner specified herein and in the Notes.

4.2.13.

Banking Relationship . Maintain a banking deposit account with Bank through which transactions related to the Line of Credit may be accomplished.

4.3.

Financial Covenants . Until the Obligations shall have been fully and finally paid and performed, unless expressly waived in writing by Bank, Borrower shall have:

4.3.1.

Leverage Ratio . A Leverage Ratio, determined as of the end of each fiscal quarter, of not greater than 1.0 to 1.0.

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4.3.2.

Unrestricted Cash and Investments to Indebtedness . A ratio of (i) the combination of its unrestricted cash and unrestricted investments (including any investments in the Custodial Account), to (ii) its Indebtedness, of not less than 1.5 to 1.0, as of the end of any fiscal quarter or fiscal year of the Borrower.

5.

Conditions Precedent

5.1.

Conditions to Initial Advance . The closing of the Line of Credit shall be subject, among other things, to satisfaction of each of the following conditions precedent:

5.1.1.

Authorization . Borrower shall have furnished to Bank, (a) certified copies of each of Borrower’s certificate of incorporation and by-laws, both as amended, accompanied by recent certificate of good standing issued by the Delaware Secretary of State, and (b) a certified copy of resolutions adopted by its Board of Directors authorizing the Line of Credit and the execution and delivery of the Loan Documents, and (c) a certificate of incumbency specifying the names and capacities of those Persons authorized to execute the Loan Documents.

5.1.2.

Loan Documents . Each of the Loan Documents shall have been executed and delivered by Borrower to Bank.

5.1.3.

Expenses . Borrower shall have reimbursed Bank for all reasonable legal fees and other reasonable expenses (if any) of Bank in connection with the Line of Credit.

5.1.4.

Other Documents . Borrower shall have furnished such other documents, instruments, financing statements and certificates as Bank may reasonably request.

5.1.5.

Consents . All consents necessary for the consummation of the transaction contemplated by this Agreement and the Loan Documents shall have been obtained.

5.1.6.

No Default . As of the date hereof, and after giving effect to the initial funding of the Line of Credit, there shall not exist a Default.

5.2.

Conditions to Advances . Prior to each subsequent extension of any credit to the Borrower under this Agreement:

5.2.1.

No Default . No Default or Unmatured Default shall have occurred and be continuing.

5.2.2.

Representations and Warranties . Each representation and warranty contained in Section 3 shall be true and correct as of the date of such advance, except to the extent any such representation or warranty relates solely to an earlier date and except changes reflecting transactions permitted by this Agreement or otherwise consented to by the Bank.

5.2.3.

Secured Advances . If Borrower is borrowing on a secured basis, the Borrower has executed and delivered the Security Agreement, there is a Control Agreement in effect and there is a sufficient market value of Permissible Investments in the Custodial Account to support such borrowing as required under Section 2.7 hereof, and a Control Agreement shall be in effect among the Borrower, the Bank, and the Custodian.

5.2.4.

Expenses . Borrower shall have reimbursed Bank for all reasonable legal fees and other reasonable expenses incurred by Bank and payable by Borrower in connection with the Line of Credit.

5.3.

General . Each request for an Advance under the Line of Credit shall constitute a representation and warranty by Borrower that the applicable conditions contained in this Section 5 have been satisfied.

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6.

Default The occurrence of any of the following events shall be deemed a Default hereunder:

6.1.

any representation or warranty made by Borrower to Bank under or in connection with any Loan Document shall be false in any material respect as of the date on which made;

6.2.

Borrower fails to pay the principal of or interest on a Note, or any fee or other payment Obligation when due;

6.3.

the breach by Borrower of the covenants contained in Section 4.1;

6.4.

the breach by the Borrower of any of the terms of the Security Agreement which remain uncured after any applicable grace and cure period set forth therein;

6.5.

the breach by Borrower of any other terms or provisions of the Loan Documents, other than a breach which constitutes a Default under Section 6.1, 6.2 or 6.3, not cured within thirty (30) days after written notice from Bank to Borrower specifying such breach;

6.6.

the failure of Borrower to pay any other Indebtedness exceeding $10,000,000 when due or within any applicable grace or cure period, or the default by Borrower in the performance of any other term, provision or condition contained in any agreement under which any such Indebtedness was created or is governed, the effect of which is to permit the holder or holders of such Indebtedness to cause such Indebtedness to become due prior to its stated maturity, unless such default is waived in writing by the holder or holders of such Indebtedness; or any such Indebtedness shall be validly declared to be due and payable or required to be prepaid prior to the stated maturity thereof;

6.7.

Borrower shall (i) have an order for relief entered with respect to it under the Federal Bankruptcy Code, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) institute any proceeding seeking an order for relief under the Federal Bankruptcy Code or seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) suspend operations as presently conducted or discontinue doing business as an ongoing concern;

6.8.

without the application, approval or consent of Borrower, a receiver, trustee, examiner, liquidator or similar official shall be appointed for Borrower, or any substantial part of its property, or a proceeding described in Section 6.7 above shall be instituted against Borrower and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of thirty (30) consecutive days;

6.9.

any Governmental Authority shall condemn, seize or otherwise appropriate, or take custody or control of all or any substantial portion of the property of Borrower; or

6.10.

any uninsured judgment exceeding $10,000,000 is entered against Borrower, and the Borrower shall fail to pay, bond or otherwise discharge the same once it is no longer stayed on appeal or otherwise being contested in good faith by appropriate proceedings which prevent foreclosure or execution and against which adequate reserves have been established.

7.

Remedy

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7.1.

Acceleration . If any Default described in Sections 6.7 or 6.8 occurs, the Line of Credit shall automatically terminate and the Obligations shall immediately become due and payable without any election or action on the part of Bank. If any other Default occurs, Bank, by written notice to Borrower, may terminate its commitments hereunder and declare the Obligations to be due and payable, whereupon the Obligations shall become immediately due and payable, without presentment, demand, protest or notice of any kind, all of which Borrower hereby expressly waives.

7.2.

Remedy . Upon the occurrence and continuance of a Default, Bank may immediately proceed to exercise all remedies available to it under the Loan Documents or otherwise under applicable law. No right or remedy conferred upon or reserved to Bank under the Loan Documents is intended to be exclusive of any other available remedy or right, but each and every remedy shall be cumulative and concurrent and shall be in addition to every other remedy now or hereafter existing at law or in equity. No single or partial exercise of any power or right shall preclude any further or other exercise of any power or right.

7.3.

Preservation of Rights . No delay or omission of Bank to exercise any power or right under the Loan Documents shall impair such power or right or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any power or right shall not preclude other or further exercise thereof or the exercise of any other power or right. No advance hereunder shall constitute a waiver of any of the conditions of Bank’s obligation to make further advances, nor, in the event Borrower is unable to satisfy any such condition, shall a waiver of such condition in any one instance have the effect of precluding Bank from thereafter declaring such inability to be a Default hereunder.

8.

General Provisions

8.1.

Benefit of Agreement . The terms and provisions of this Agreement, the Note and the other Loan Documents shall be binding upon and inure to the benefit of Borrower and Bank and their respective successors and assigns of