Modification(s) to Loan and Security Agreement. 1. The following definitions in Section 1.1 are added or amended in their entirety to read as follows:
Modification(s) to Loan and Security Agreement. (1) Any reference to Bridge Bank, NA or Bridge Bank, National Association is hereby modified to read as Western Alliance Bank, an Arizona corporation, as successor in interest to Bridge Bank, National Association.
Modification(s) to Loan and Security Agreement. As of the Effective Date, all references in the Loan Documents to “Adharmonics, Inc.” or “Borrower” shall mean and refer to “EverQuote, Inc.”.
Modification(s) to Loan and Security Agreement. The timing requirement regarding the delivery of its audited financial statements for 2013 set forth in Section 6.3 of the Loan and Security Agreement is hereby extended to April 30, 2015.
Modification(s) to Loan and Security Agreement. 1) The following defined terms in Section 1.1 of the Loan and Security Agreement are hereby amended and restated in their entirety as follows: “‘EBITDA’ means, for any period, the sum of (a) net income (or net loss) attributable to the Borrowers, but excluding net income (or net loss) attributable to non-controlling interests (calculated before extraordinary items) during such period, plus (b) the result of the following, in each case (unless otherwise indicated) to the extent included in determining such net income (or net loss): (i) interest expense (including that portion attributable to capital leases in accordance with GAAP and capitalized interest) during such period; plus (ii) income taxes accruing, paid or payable during such period; plus (iii) depreciation and amortization expense; plus (iv) non-cash stock-compensation based expenses; plus (v) change in the fair value related to Permitted Acquisition related consideration expenses; plus (vi) without duplication, EBITDA attributable to entities and/or assets acquired pursuant to the Sinfonia Acquisition, the Peak PACE Acquisition, the Mediture Acquisition, and the Cognify Acquisition, for such period, to the extent not already included in such calculation.” “‘Permitted Acquisition’ means (i) any Acquisition approved in writing by the Administrative Agent in its sole discretion (including the Sinfonia Acquisition, the Peak PACE Acquisition, the Mediture Acquisition, and the Cognify Acquisition), or (ii) any Acquisitions in an aggregate amount not to exceed $15,000,000 in any fiscal year; provided, in each case, that (a) no default or Event of Default shall have occurred and be continuing or would result from the consummation of the proposed Acquisition, (b) the Target is in the same, similar or complimentary line of business as any of the Borrowers, (c) EBITDA of the Target is greater than $0 as of the date of the most recent financial statements for the fiscal quarter ending immediately prior to the Acquisition delivered by the Target, (d) the proposed Acquisition is consensual, (e) no Indebtedness will be incurred, assumed or would exist with respect to Parent and its Subsidiaries (including the Target) as a result of such Acquisition, other than Permitted Indebtedness, and no Liens will be incurred, assumed, or would exist with respect to the assets of Parent and its Subsidiaries (including the Target) as a result of such Acquisition other than Permitted Liens, (f) the Borrowers will be in compli...
Modification(s) to Loan and Security Agreement. A. The following definitions in Section 1.1 are added, or amended and restated in their entirety to read as follows: “Adjusted EBDA” means, for any period, Borrower’s earnings before depreciation and amortization expense, plus non-cash stock compensation expense, for such period, as determined in accordance with GAAP.
Modification(s) to Loan and Security Agreement. (1) The following is added to the end of Section 6.9(c): Notwithstanding the foregoing, Borrowers shall not be in breach of this Section 6.9(c) if Borrowers’ Adjusted EBITDA loss (x) for quarter ending September 30, 2016 does not exceed negative $1,535,000 or (y) for quarter ending December 31, 2016 does not exceed negative $1,509,000.
Modification(s) to Loan and Security Agreement. (A) The definition of “Revolving Maturity Date” in Section 1.1 is hereby amended and restated in its entirety as follows: “‘Revolving Maturity Date’ means September 28, 2018.”
Modification(s) to Loan and Security Agreement. A. The following definitions in Section 1.1 are amended and restated in their entirety to read as follows:
Modification(s) to Loan and Security Agreement. A. Subsection 6.8(a) (Minimum Required EBITDA) of the Loan and Security Agreement is hereby amended and restated in its entirety as follows:
