LOAN AND SECURITY AGREEMENT DATED AS OF AUGUST 7, 2008 BETWEEN BANK OF AMERICA, N.A. THE LENDER, AND SRI/SURGICAL EXPRESS, INC. THE BORROWERLoan and Security Agreement • August 13th, 2008 • Sri Surgical Express Inc • Services-personal services • Illinois
If, as a result of any restatement of or other adjustment to the Borrower’s borrowing base certificates, accounts or inventory reports, financial statements or for any other reason, the Lender determines that (a) the average Excess Availability as calculated by the Lender, based on the borrowing base certificates and other information provided by Borrower as of any applicable date or the Fixed Charge Coverage Ratio as calculated by Borrower as of any date was inaccurate based on Borrower’s error and (b) a proper calculation of the average Excess Availability or Fixed Charge Coverage Ratio would have resulted in different pricing for any period, then (i) if the proper calculation of the average Excess Availability would have resulted in higher pricing for such period, the Borrower shall automatically and retroactively be obligated to pay to the Lender promptly on demand by the Lender, an amount equal to the excess of the amount of interest and fees that should have been paid for such pe
