Covenant Required Actual Complies. Maintain at all time minimum cash at Bank and Bank’s Affiliates: $ 2,000,000 $ Yes No
Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Adjusted Quick Ratio 1.25 : 1.00 : 1.00 Yes No Minimum Tangible Net Worth $17,500,000 plus (i) 50% of new equity and sub debt plus (ii) 50% of quarterly net income $ Yes No The following financial covenant analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) NETLIST, INC. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain/achieve Minimum Adjusted Quick Ratio (all times; tested monthly) 1.00:1.0 :1.0 Yes No Minimum Cash Flow (tested quarterly ) $15MM through and $ Yes No including 6/30/12; $17.5MM after 6/30/12 Leverage Ratio less than 1.00: 1.00 Prime Rate Margin 0.00%; LIBOR Rate Margin 2.50% Yes No Leverage Ratio equal to or greater than 1.00: 1.00 Prime Rate Margin 0.50%; LIBOR Rate Margin 3.00% Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) Mercury Computer Systems. Inc. Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Quick Ratio 1.25 to 1.0 ___ to 1.0 Yes No Quick Ratio ≥ 2.0 to 1.0 Prime + 1.5% Yes No Quick Ratio < 2.0 to 1.0 Prime + 2.5% Yes No The following financial covenant analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) COMARCO, INC. BANK USE ONLY By: Received by: Name: Title: Date: COMARCO WIRELESS TECHNOLOGIES, INC. Verified: By: Date: Name: Title: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain on a Quarterly Basis (unless otherwise specified): Minimum Recurring Revenue * $ _________ Yes No Maximum Unfinanced CAPEX (for 2010 fiscal year) $ 10,000,000 $ _________ Yes No Minimum Adjusted EBITDA ** $ _________ Yes No * As set forth in Section 6.7(a) of the Agreement. ** As set forth in Section 6.7(c) of the Agreement. The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) EXACT TARGET, INC. BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: Verified: Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Tangible Net Worth <$10.0M> + 50% of new sub debt and equity after May 30, 2007 + 50% of quarterly net income on or after Dec. 31, 2007 $ Yes No The following financial covenant analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) Document Sciences Corporation BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain/achieve Minimum Adjusted Quick Ratio (all times; tested monthly) 1.50:1.0 :1.0 Yes No Minimum Cash Flow (if Borrowing Base Period is in effect; tested quarterly ) $ 15MM $ Yes No Borrowing Balance: Borrower has unrestricted cash and Cash Equivalents at Bank in an equal to or greater than the sum of (i) Ten Million Dollars ($10,000,000) and (ii) the outstanding balance of all Credit Extensions Yes No Leverage Ratio less than 1.00: 1.00 Prime Rate Margin -0.25%; LIBOR Rate Margin 2.75% Yes No Leverage Ratio equal to or greater than 1.00: 1.00 Prime Rate Margin 0.25%; LIBOR Rate Margin 3.25% Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) Mercury Computer Systems. Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain on a Quarterly Basis: Minimum Adjusted Quick Ratio 1.15:1.0 _________:1.0 Yes No Minimum TTM EBITDA: [see Schedule 1 below for historical EBITDA numbers] September 30, 2010 ($25,000,000) $ ___________ Yes No December 31, 2010 $0 $ ___________ Yes No March 31, 2011 and thereafter $5,000,000 or based on Board projections Leverage Ratio > 1.00 L + 3.75% P + 1.50 % Yes No Leverage Ratio < or equal to 1.00 L + 3.25% P + 1.00 % Yes No The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) CRAY INC. BANK USE ONLY By: Received by: Name: authorized signer Title: Date: Verified: Date: Compliance Status: Yes No
Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Adjusted Quick Ratio :1.0 * :1.0 Yes No Maintain on a Quarterly Basis: Minimum Tangible Net Worth $ ** $ Yes No * As set forth in Section 6.7(a) of the Loan Agreement ** As set forth in Section 6.7(b) of the Loan Agreement The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) SONIC FOUNDRY, INC. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: SONIC FOUNDRY MEDIA SYSTEMS , INC. Verified: AUTHORIZED SIGNER By: Date: Name: Title: Compliance Status: Yes No
Covenant Required Actual Complies. Performance to Booking Plan [measured quarterly] but only measured if Borrower is not maintaining at least $50,000,000 at Bank and Bank’s Affiliates $ $ o Yes o No
