Extract to table

• Minimum Prepayment Amounts: Partial prepayments must be in a minimum amount of $5,000,000 and in integral multiples of $1,000,000 in excess thereof

• Prepayment Notice Requirement: The Borrower must deliver irrevocable written notice to the Administrative Agent not less than three (3) business days prior to the date of the proposed prepayment

The notice must specify the prepayment date and the principal amount to be prepaid

The prepayment premium of $2,000,000 should be analyzed to determine whether it is deductible for federal income tax purposes as an ordinary and necessary business expense under Section 162 of the Internal Revenue Code, or whether it must be capitalized and amortized over the remaining life of the Term Loan B (or some other applicable period)

The equity contributions from CBR through the subsidiary chain to Cimarron Solar Development LLC must be properly documented to establish and track the tax basis of each contributing entity's investment in its immediate subsidiary

Open Items and Action Items The following table identifies the key open items and action items that must be resolved prior to closing