Extract to table

This provision must be carefully tailored to avoid creating default risk in connection with the ArthroNav platform, which has not yet received FDA clearance

Conditions Precedent to Funding The Commitment Letter sets forth a number of conditions that must be satisfied (or waived by Tidewater) prior to the initial funding of Term Loan A and the availability of the Revolver

Documentation Conditions The following documentation must be delivered to Tidewater as conditions precedent to funding: 1

The SPA must not have been amended, waived, or modified in any manner that is material and adverse to the interests of Tidewater, without Tidewater's prior consent

The representations and warranties contained in the definitive credit agreement must be substantially consistent with (and "no worse than") the representations and warranties in the SPA

At closing, only the "Specified Representations" (as defined in the Commitment Letter and discussed in detail in Section VI below) must be accurate — this is the "SunGard" or "certain funds" construct