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.
(2) The following definition in Section 1.1 is amended in its entirety to read as follows:
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, the Cognify Acquisition, the DoseMe Acquisition, the Prescribe Wellness Acquisition, and the Personica 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, the Cognify Acquisition, the DoseMe Acquisition, the Prescribe Wellness Acquisition, and the Personica 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 wit...
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. (a) The following language is deleted from the second introductory paragraph: "MSOL and Global are negotiating the terms of a definite agreement. MSOL will become a subsidiary of Global if the merger is completed.
(b) Section 1.02 is specifically modified by paragraph 2 of this agreement.
(c) Section 1.03 is deleted.
(d) Section 3.01(b) shall be modified, and shall read as follows:
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. All references to the term “Borrower” in the Loan and Security Agreement and the other Loan Documents shall be deemed, and each such reference is amended to mean, Parent and SharpSpring Technologies, individually or collectively, as the context may require.
B. The definition of Cash Management Sublimit set forth in Section 1.1 of the Loan and Security Agreement is amended to delete the reference to “Four Hundred Thousand Dollars ($400,000)” and to substitute “Six Hundred Thousand Dollars ($600,000)” in lieu thereof.
Modification(s) to Loan and Security Agreement. A. The following is added to the end of Section 6.9(c): Notwithstanding the foregoing, Borrowers’ Adjusted EBITDA loss for the quarter ending December 31, 2017 shall not exceed $1,498,423.
