Complies Clause Samples

Complies. Maintain on a Quarterly Basis:

Complies. Maintain on a Monthly Basis:

Complies. (Section 6.6) Maintenance of operating and depository accounts with Lender Yes No All other affirmative covenants in Section 6 are satisfied. If No, provide information on separate page. Yes No

Complies. Unrestricted cash and cash equivalents (net of Credit Extensions) on Borrower’s balance sheet as set forth in the Table 1.

Complies. (Section 5.2) Any Amendment/Modifications to Charter Documents If Yes, attach copies. Yes No (Section 5.4) Any Litigation If Yes, attach copies and summary Yes No (Section 5.9) Any Regulatory issues If Yes, attach copies and summary Yes No There have been no changes to the Schedule to Multi-Draw Term Loan and Security Agreement prepared on the Effective Date. If Yes, provide information on separate page. Yes No 1 To be included for Compliance Certificates delivered for the periods ending on March 31 and September 30, commencing September 30, 2024. [SIGNATURE PAGE FOLLOWS.] HAMILTON ▇▇▇▇ ▇▇▇▇▇▇▇S, L.L.C. By: __________________________________ Name:________________________________ Title: ________________________________ FOR INTERNAL LENDER USE ONLY. Explain action taken with respect to Borrower’▇ ▇▇▇-▇ompliance with any of the above Covenants. __________________________________________________________________________________________________________________________________________________________________________________________. Signature of [BB or delegated representative]: ___________________________ Date: __________________

Complies. Maintain on a Monthly Basis: Minimum Quick Ratio (Adjusted) only if the events described in Section 6.8(i) of the Agreement occur 2.50:1.00 :1.00 Yes No Minimum Tangible Net Worth $ 14,000,000 $ Yes No Minimum Liquidity Coverage 2.50:1.00 :1.00 Yes No Comments Regarding Exceptions: See Attached. BANK USE ONLY Sincerely, Received by: SABA SOFTWARE, INC. Date: Verified: Date: Compliance Status: Yes No LOAN AGREEMENT SUPPLEMENT No. [_], dated , 200_ (“Supplement”), to the Loan and Security Agreement dated August 30, 2002 (the “Loan Agreement”) by and between the undersigned (“Borrower”), and Silicon Valley Bank (“Bank”). Capitalized terms used herein but not otherwise defined herein are used with the respective meanings given to such terms in the Loan Agreement. To secure the prompt payment by Borrower of all amounts from time to time outstanding under the Loan Agreement, and the performance by Borrower of all the terms contained in the Loan Agreement, Borrower grants Bank, a first priority security interest in each item of equipment and other property described in Annex A hereto, which equipment and other property shall be deemed to be additional Financed Equipment and Collateral. The Loan Agreement is hereby incorporated by reference herein and is hereby ratified, approved and confirmed. Annex A (Equipment Schedule) and Annex B (Loan Terms Schedule) are attached hereto. The proceeds of the Loan should be transferred to Borrower’s account with Bank set forth below: Bank Name: Silicon Valley Bank Account No.: Borrower hereby certifies that (a) the foregoing information is true and correct and authorizes Bank to endorse in its respective books and records, the Option 2 Basic Rate applicable to the Funding Date of the Option 2 Loan contemplated in this Loan Agreement Supplement and the principal amount set forth in the Loan Terms Schedule; (b) the representations and warranties made by Borrower in the Loan Agreement are true and correct in all material respects on the date hereof and will be true and correct in all material respects on such Funding Date. No Event of Default has occurred and is continuing under the Loan Agreement. This Supplement may be executed by Borrower and Bank in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. This Supplement is delivered as of this day and year first above written. SILICON VALLEY BANK SABA SOFTWAR...

Complies. Total Amount of Borrower’s Cash and Investments at S1B All Cash and Investments at S1B? YES NO If no, total amount of Borrower’s Cash and Investments outside of S1B Location of Cash & Investments outside of S1B Total amount of Borrower’s Cash and Investments

Complies. Annual operating budgets (including income statements, balance sheets, and cash flow statements, each of the foregoing, by month) for the upcoming fiscal year 30 days prior to FYE Yes No N/A Annual financial statements certified by, and with an unqualified opinion of, independent CPA Annually, within 120 days after FYE Yes No N/A

Complies. Tangible Net Worth is Minimum Tangible Net Worth from table plus 50% of any increase in shareholders’ equity resulting from the issuance of equity securities of Borrower pursuant to any public or private offering after the Effective Date and the principal amount of Subordinated Debt