Extract to table

Conditions Precedent to Funding — Overbroad; Must Be Trimmed

These additional conditions — including a separate Borrower MAE condition, a litigation condition, a requirement for post-FY2023 audited Veridian financial statements, and a requirement that no events of default (broadly defined) shall have occurred — must be struck or significantly narrowed

Termination Provisions — Must Be Coordinated with the SPA Outside Date

the Sellers party thereto (as defined therein), and David Ng, as Stockholder Representative, as the same may be amended, restated, supplemented, or otherwise modified from time to time in accordance with Section [__] hereof (which shall require notice to, and the consent of, the Required Lenders for any material amendment)

Any market flex adjustments authorized under the fee letter must be exercised prior to the closing of the Credit Agreement and are subject to the parameters agreed in the fee letter

Specifically, the draft states that "commencing on the Ticking Fee Commencement Date, the Borrower shall pay to the Administrative Agent