adding thereto a new clause (xiii) as follows:
"(xiii)
On the first day of each calendar month, a cash usage forecast setting
forth the current cash balances and at least 13 weeks of projected usage and
otherwise in reasonable detail prepared by a Responsible Officer of the
Borrowers; and".
(vi)
The last sentence of Section 5.02(e) of the Credit Agreement is
hereby amended by replacing "May 31, 2020" with "September 30, 2020".
(vii)
The last sentence of Section 5.02(f) of the Credit Agreement is
hereby amended by replacing "May 31, 2020" with "September 30, 2020".
(viii)
Section 5.02(q) of the Credit Agreement is hereby amended by replacing
"June 30, 2020" with "September 30, 2020".
(ix)
Section 5.02 of the Credit Agreement is further amended by adding
thereto a new clause (u) as follows:
"(u)
Operational Liquidity.
The Borrowers shall not permit Operational
Liquidity to be less than $25,000,000 at any time."
(x)
Exhibit A (Notice of Loan Borrowing) and Exhibit D (Notice of Swing
Loan Borrowing) are hereby amended and restated in their entirety with the
corresponding Exhibits attached hereto as Annex A.
Release
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE
HEREBY ACKNOWLEDGED, EACH LOAN PARTY HEREBY, FOR ITSELF AND ITS SUCCESSORS AND
ASSIGNS, FULLY AND WITHOUT RESERVE, WAIVES, RELEASES, ACQUITS, AND FOREVER
DISCHARGES EACH OF THE ADMINISTRATIVE AGENT AND THE LENDERS AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS,
ADVISORS, REPRESENTATIVES AND AFFILIATES (COLLECTIVELY THE "RELEASED PARTIES"
AND INDIVIDUALLY A "RELEASED PARTY") FROM ANY AND ALL ACTIONS, CLAIMS, DEMANDS,
CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, LIABILITIES, COSTS,
DAMAGES, EXPENSES OR OTHER OBLIGATIONS OF ANY KIND AND NATURE WHATSOEVER, DIRECT
AND/OR INDIRECT, AT LAW OR IN EQUITY, WHETHER NOW EXISTING OR HEREAFTER
ASSERTED, WHETHER ABSOLUTE OR CONTINGENT, WHETHER DUE
4
OR TO BECOME DUE, WHETHER DISPUTED OR UNDISPUTED, WHETHER KNOWN OR UNKNOWN
(INCLUDING, WITHOUT LIMITATION, ANY CROSS CLAIMS, OFFSETS, REDUCTIONS,
REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY
RELEASED PARTY) (COLLECTIVELY, THE "RELEASED CLAIMS"), FOR OR BECAUSE OF ANY
MATTERS OR THINGS OCCURRING, EXISTING OR ACTIONS DONE, OMITTED TO BE DONE, OR
SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES, IN EACH CASE, ON OR PRIOR TO
THE DATE HEREOF AND ARE IN ANY WAY DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN
ANY WAY CONNECTED TO ANY OF THIS AMENDMENT, THE LOAN AGREEMENT, ANY OTHER LOAN
DOCUMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY
(COLLECTIVELY, THE "RELEASED MATTERS").
EACH LOAN PARTY, BY EXECUTION HEREOF,
HEREBY ACKNOWLEDGES AND AGREES THAT THE AGREEMENTS IN THIS SECTION ARE INTENDED
TO COVER AND BE IN FULL SATISFACTION FOR ALL OR ANY ALLEGED INJURIES OR DAMAGES
ARISING IN CONNECTION WITH THE RELEASED MATTERS HEREIN COMPROMISED AND
SETTLED.
EACH LOAN PARTY HEREBY FURTHER AGREES THAT IT WILL NOT SUE ANY
RELEASED PARTY ON THE BASIS OF ANY RELEASED CLAIM RELEASED, REMISED AND
DISCHARGED BY THE LOAN PARTIES PURSUANT TO THIS SECTION.
IN AGREEING TO THIS
SECTION, EACH