AMENDMENT NUMBER TWELVE TO LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement and Waiver • April 27th, 2023 • Alliance Entertainment Holding Corp • Wholesale-durable goods, nec • New York
During the period from the Twelfth Amendment Effective Date, to, and including, the last day of the calendar quarter ending June 30, 2023, margins shall be determined as if Level I were applicable. Thereafter, margins shall be subject to increase or decrease by Agent on the first day of the calendar month following receipt by Agent of the Compliance Certificate delivered in respect of the most recent calendar month that is the end of a Fiscal Quarter. If Agent is unable to determine the Fixed Charge Coverage Ratio for a calendar month that is the end of a Fiscal Quarter due to Borrowers' failure to deliver the Compliance Certificate or any financial report when required hereunder, then, at the option of Agent or Required Lenders, margins shall be determined as if Level I were applicable until the first day of the calendar month following its receipt.
