Extract to table

Additionally, the first markup should include language clarifying that: (a) the annual budget shall be board-approved and shall include projected consolidated income statement, balance sheet, and statement of cash flows on a quarterly basis for the upcoming fiscal year; (b) the annual budget is delivered for informational purposes only and does not establish financial covenant levels, compliance thresholds, or any other independent obligation against which the Borrower's actual performance will be tested; and (c) deviations between actual results and budgeted projections shall not constitute a Default or Event of Default under the Credit Agreement

The Term Sheet does not define ARR or specify which "related key SaaS metrics" are to be included in the monthly report, which is a significant gap that must be addressed in the first markup

We propose the following framework: (a) Customer names shall be disclosed only to the Administrative Agent (Brindoval) under the confidentiality provisions of the Credit Agreement; (b) Customer concentration data provided to syndication lenders (Harborstone, Pinnacle Ridge, and other participants) shall be anonymized and coded (e

Given that the first ECF sweep applies to FY2026 — the first full fiscal year following the anticipated closing in late June 2026 — the reporting framework must be fully operational by early 2027, when the annual audited financials and compliance certificate for FY2026 will be due

" Add express language that these metrics are not compliance-tested covenants and that failure to meet any particular level or threshold with respect to any such metric shall not independently constitute a Default or Event of Default under the Credit Agreement