6) The following new defined term is hereby added to Exhibit A to the Agreement, as follows:
Fourth Amendment Effective Date means December 28, 2015.
Gross Revenue means gross revenue recognized in accordance with GAAP.
7) The following defined terms in Exhibit A to the Agreement are hereby amended and restated, as follows:
Availability End Date means December 1, 2016.
Credit Extension means each Term Loan, or any other extension of credit, by Bank to or for the benefit of Borrower hereunder.
Term Loan Maturity Date means January 1, 2019.
|8) || |
The defined terms Credit Card Services Non-Formula Revolving Line, Credit Card Services Non-Formula Revolving Maturity Date, Series D Financing Milestone and Interest Only End Date and Term Loan B Maturity Date and their corresponding definitions set forth in Exhibit A to the Agreement are hereby deleted in their entirety.
|9) || |
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 respective terms and hereby is ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as in effect prior to the date hereof. Borrower ratifies and reaffirms the continuing effectiveness of all agreements entered into in connection with the Agreement.
|10) || |
Borrower represents and warrants that the representations and warranties contained in the Agreement are true and correct as of the date of this Amendment.
|11) || |
This Amendment may be executed in two or more counterparts, each or which shall be deemed an original, but all of which together shall constitute one instrument.
|12) || |
As a condition to the effectiveness of this Amendment, Bank shall have received, in form and substance satisfactory to Bank, the following:
a) this Amendment, duly executed by Borrower:
b) an officers certificate of Borrower with respect to incumbency and resolutions authorizing the execution and delivery or this Amendment:
c) a Fourth Warrant to Purchase Stock, duly executed by Borrower:
d) payment for all Bank Expenses, including Banks expenses in the documentation of this Amendment and any related documents, and any UCC, good standing or intellectual property search or filing fees, which may be debited from any of Borrowers accounts: and
e) such other documents and completion of such other matters, as Bank may reasonably deem necessary or appropriate.