3. Section 2.3(a)(i) of the Loan Agreement is amended and restated in its entirety to read as follows:
(i) Advances. Except as set forth in Section 2.3(b), the Advances shall bear interest, on the outstanding Daily Balance thereof, at a per annum rate equal to three quarters of one percent (0.75%) above the Prime Rate.
4. The following is added to the end of Section 2.6(a) of the Loan Agreement:
In addition, Borrowers shall pay to Bank on the second anniversary and third anniversary of the Closing Date, a facility fee equal to three tenths of one percent (0.3%) of the Revolving Line, each of which are fully earned and nonrefundable.
5. The following is added as a new Section 4.5 to the end of Section 4 of the Loan Agreement:
4.5 Cash Collateral. Without limiting any of the other provisions of this Agreement, as security and collateral for the prompt performance of all of Borrowers Obligations owing to Bank with respect to clause (k) of Permitted Indebtedness (the Interest Rate Swap Obligations), Pledgor pledges and grants to Bank a security interest in the restricted deposit account number maintained at Bank designated by Bank (the Pledged Account), together with all monies at any time held therein, all renewals, replacements, proceeds and substitutions thereof, all interest paid thereon, and all other cash and noncash proceeds of the foregoing (all hereinafter called the Pledged Collateral). For so long as any Interest Rate Swap Obligations are outstanding, (i) Borrowers shall cause the Pledged Accounts balance to be maintained in such amounts as are required under the contracts between the Bank and the Borrower governing the Interest Rate Swap Obligations, (ii) Bank shall have sole control (as defined in the Code) over the Pledged Account and the Pledged Collateral, and Borrowers shall have no access to the Pledged Collateral and no right to withdraw funds from the Pledged Account, and (iii) Borrowers authorize Bank to hold such balances in pledge and to decline to honor any drafts thereon or any requests by Borrowers or any other Person to pay or otherwise transfer any part of such balances.
6. The first sentence of Section 2.6(c) of the Loan Agreement is amended and restated in its entirety to read as follows:
If this Agreement is terminated prior to the Revolving Maturity Date, Borrowers shall pay a cash fee (Early Termination Fee) in the amount of one percent (1.0%) of the Revolving Line; and if this Agreement is terminated prior to the third anniversary of the Closing Date, Borrowers shall pay an additional cash fee in the amount of one percent (1.0%) of the Revolving Line (for an aggregate Early Termination Fee equal to two percent (2.0%) of the Revolving Line).
7. Section 6.9(c) of the Loan Agreement is amended and restated in its entirety to read as follows:
(c) Minimum EBITDA. Measured on a monthly basis, Borrowers minimum trailing three-month EBITDA shall be at least $300,000.
8. The following is added to the end of Section 6.14 of the Agreement:
In addition to the foregoing, on or before March 22, 2019, Borrowers shall deliver to Bank an executed landlord consent/waiver with respect to TSSs leased location in Texas, in form and substance satisfactory to Bank.
9. Exhibits C and D to the Loan Agreement are replaced in their entirety with the Exhibit C and D attached hereto.
10. Unless otherwise defined, all initially capitalized terms in this Amendment shall be as defined in the Agreement. The Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its