Financial Covenant Required Actual Complies. Adjusted Quick Ratio 1.05:1.00 ____:1.00 Yes No Maintain on a Quarterly Basis: Minimum EBITDA Fiscal Quarter End Minimum EBITDA Yes No March 28, 2014 ($17,000,000) June 27, 2014* ($27,000,000) September 26, 2014* ($12,000,000) December 26, 2014* ($8,000,000) March 27, 2015* ($3,000,000) June 26, 2015* $1.00 September 25, 2015 and thereafter* TBD *measured on a trailing two fiscal quarter basis The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date this Certificate is delivered to Bank as set forth in the first line of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ADMINISTRATIVE BORROWER: AVIAT NETWORKS, INC. By: ______________________________ Name: ________________________ Title: ________________________ BANK USE ONLY Received by: _________________________ AUTHORIZED SIGNER Date: _______________________________ Verified: ____________________________ AUTHORIZED SIGNER Date: _______________________________ Compliance Status: Yes No Schedule 1 to Compliance Certificate Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated: ____________________
Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Revenue (trailing 6 month) Tested as of the last day of each month, minimum GAAP revenue for the trailing 6 month period then ended, of at least 70% of Borrower’s projected performance for such month as outlined in Borrower’s 2018-2019 Financial Projections $ Yes No Other Matters Have there been any (i) amendments of or other changes to the capitalization table of Borrower or (ii) amendments or other changes to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) 10X GENOMICS, INC. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No EXHIBIT C LOAN PAYMENT/ADVANCE REQUEST FORM DEADLINE FOR SAME DAY PROCESSING IS NOON PACIFIC TIME Fax To: Date: LOAN PAYMENT: 10X GENOMICS, INC. From Account # To Account # (Deposit Account #) (Loan Account #) Principal $ and/or Interest $ Authorized Signature: Phone Number: Print Name/Title: LOAN ADVANCE: Complete Outgoing Wire Request section below if all or a portion of the funds from this loan advance are for an outgoing wire. From Account # To Account # (Loan Account #) (Deposit Account #) Amount of the Term Loan Advance $ All Borrower’s representations and warranties in the Second Amended and Restated Loan and Security Agreement are true, correct and complete in all material respects on the date of the request for an advance; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true, accurate and complete in all material respects as of such date: Authorized Signature: Phone Number: Print Name/Title: OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Name: Amount of Wire: $ City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instructi...
Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Minimum Tangible Net Worth $12,500,000 plus (i) 50% of new equity and sub debt plus (ii) 50% of quarterly net income on or after March 31, 2010 $_______ Yes No The following financial covenant analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Energy and Power Solutions, Inc. By:__________________________________ Name:________________________________ Title:_________________________________ BANK USE ONLY Received by: _____________________ authorized signer Date: _________________________ Verified: ________________________ authorized signer Date: _________________________ Compliance Status: Yes No
Financial Covenant Required Actual Complies. Maintain at all times: Adjusted Quick Ratio (to be tested on the last day of each month) 1.20:1.0 ____:1.0 Yes No Maximum EBITDA Loss (to be reported on the last day of each quarter) $* $________ Yes No *As set forth in Section 6.7(c) of the Agreement. The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CHYRON CORPORATION By: Name: Title: BANK USE ONLY Received by: authorized signer Date: Verified: authorized signer Date: Compliance Status: Yes No
Financial Covenant Required Actual Complies. Maintain: Minimum Bookings (measured quarterly) $ * $ Yes No * Period Minimum Bookings Requirement** 12-month period ending December 31, 2012 $96,000,000 3-month period ending March 31, 2013 $22,000,000 6-month period ending June 30, 2013 $63,000,000 9-month period ending September 30, 2013 $317,000,000 12-month period ending December 31, 2013 $200,000,000 Each applicable period ending on each fiscal quarter thereafter ** ** The minimum bookings requirement for each applicable cumulative period ending on the last day of each fiscal quarter shall be determined by Bank based on Borrower’s board-approved plan for such fiscal year delivered in accordance with Section 6.2, such covenant to be set in a manner (but not in amounts) consistent with the 2012 covenant. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) FireEye, Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No DEFAULT WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Fourth Amendment to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of January 7, 2013, to be effective as of December 30, 2012, by and between Silicon Valley Bank (“Bank”) and FireEye, Inc., a Delaware corporation (“Borrower”) whose address is 0000 XxXxxxxx Xxxx., Milpitas, California 95035.
Financial Covenant Required Actual Complies. Minimum Liquidity (at all times) $2,000,000 $________ Yes No Performance Pricing Applies Streamline Period Prime + 1.25% Yes No Not in Streamline Period Prime + 2.25% Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) Voxware, Inc. BANK USE ONLY Received by: _____________________________ By: _________________________________________ AUTHORIZED SIGNER Name: _______________________________________ Date: ___________________________________ Title: ________________________________________ Verified: _________________________________ AUTHORIZED SIGNER Date: ___________________________________ Compliance Status: Yes No Schedule 1 to Compliance Certificate
Financial Covenant Required Actual Complies. Maintain on a Monthly Basis: Adjusted Quick Ratio 1.50:1.0 ______:1.0 Yes No
Financial Covenant Required Actual Complies. Maintain as indicated: Minimum Liquidity (at all times certified monthly) $5,000,000 $_______ Yes No Minimum Fixed Charge Coverage Ratio (tested quarterly, on a T3M basis * _____:1.0 Yes No Senior Leverage Ratio ** _____:1.0 Yes No * See Section 6.9(b) of the Loan Agreement ** See Section 6.9(c) of the Loan Agreement Performance Pricing Applies Senior Leverage Ratio < 2.00:1.00 Prime + 1.75% (Revolving Line); Prime + 2.75% (Term Loan 2012) Yes No Senior Leverage Ratio > 2.00:1.00 Prime + 2.75% (Revolving Line); Prime + 3.75% (Term Loan 2012) Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) GLOBAL TELECOM & TECHNOLOGY, INC. et al. By: _____________________________ Name: ___________________________ Title: ____________________________ BANK USE ONLY Received by: _____________________ authorized signer Date: ___________________________ Verified: _________________________ authorized signer Date: ___________________________ Compliance Status: Yes No
Financial Covenant Required Actual Complies. Maintain as indicated: Minimum EBITDA * $ Yes No Minimum Adjusted Quick Ratio 1.20 to 1.00 to 1.00 Yes No *See Section 6.9
Financial Covenant Required Actual Complies. Maintain as indicated: Minimum Revenue * $ Yes No * See Section 6.9(b) Streamline Period - Performance Pricing Applies Adjusted Quick Ratio ³ 1.15:1.00 Prime + 1.50% Yes No Adjusted Quick Ratio < 1.15:1.00 Prime + 2.50% Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) EndoChoice, Inc., et al. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance Certificate Financial Covenants of Borrower
