Actual. Pretax Cash Flow, for the four consecutive Fiscal Quarters ending on the date of calculation
Actual. Aggregate value of Borrower’s unrestricted cash at Bank $
Actual. Borrower’s unrestricted cash not subject to any Lien securing Indebtedness $
Actual. Borrower's unrestricted cash, unrestricted Cash Equivalents, and unrestricted short term marketable securities held with Financial Institutions in the United States of America $
Actual. A Flight Attendant whose flying schedule is involuntarily reduced to less than one (1) day off in seven (7), may contact Inflight Scheduling at once for rescheduling. In the case of “1 in 7” problems due to schedule selection, the Flight Attendant should contact Inflight Scheduling prior to the first day of the schedule month for reschedul- ing. Failure to do this will result in waiving the “1 in 7” Rule. If it is nec- xxxxxx for a Flight Attendant to drop an ID because of the “1 in 7” Rule, preference as to which ID is to be dropped will be subject to the concurrence of the Flight Attendant and Inflight Scheduling. In the event of failure to reach agreement, the ID to be dropped will be subject to the approval of the Crew Resource Manager/designee.
Actual. Unrestricted cash and Cash Equivalents and short and long-term investments (with the exception of auction rate securities) $ B. 10% of Eligible Accounts $ C. Liquidity (line A plus line B) $
Actual. Complies
Actual. Revenue (calculated in accordance with GAAP) from Borrower’s EndeavorRx product $_____ Is line A equal to or greater than the amount set forth above? _____ No, not in compliance _____ Yes, in compliance _____ N/A* * Not tested for any Tested Quarter (a) with respect to which Borrower maintained the Minimum Cash Balance at all times during the period commencing on the first day of such Tested Quarter through and including the date that is 30 days after the last day of such Tested Quarter, or (b) ending prior to the Funding Date of the first Term B Loan Advance. DEADLINE FOR SAME DAY PROCESSING IS 1:00 P.M. EASTERN TIME Fax To: Date: ______________ LOAN PAYMENT: XXXXX INTERACTIVE LABS, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of Term Loan Advance $ All Borrower’s representations and warranties in the Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date. Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is 1:00 pm, Eastern Time Beneficiary Name: Amount of Wire: $ Beneficiary Bank: Account Number: City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #: The undersigned, being the duly elected and acting ______________________ of XXXXX INTERACTIVE LABS, INC. a Delaware corporation (“Borrower”), does hereby certify to (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative age...
