On the Company borrowed from Western Alliance Bank (the “Loan”) pursuant to the Paycheck Protection Program (the “PPP”) under the CARES Act.

 

The Loan is evidenced by a promissory note dated the “Promissory Note”) and matures on The Promissory Note provides that the Loan bears interest at a rate of per annum. Principal and interest are payable monthly commencing on and be prepaid by the Company at any time prior to maturity with prepayment penalties. The Promissory Note contains other customary terms, including representations, events of defaults and remedies.

 

A portion of the principal and accrued interest under the Promissory Note is forgivable by the U.S. Small Business Administration after weeks if the Company uses the Loan proceeds for certain purposes designated in the CARES Act, including payroll costs (as defined in the CARES Act), rents and utilities during the weeks following the origination of the Loan (“Eligible Purposes”) and otherwise complies with PPP requirements. In order to obtain forgiveness of the Loan, the Company must submit a request and provide satisfactory documentation regarding its compliance with applicable requirements. The Company must repay any unforgiven principal amount of the Promissory Note, with interest. The Company intends to use a significant portion of the proceeds of the Loan for Eligible Purposes and to seek forgiveness for those amounts, although the Company take action that could cause some or all of the Loan to become ineligible for forgiveness.