Aarons 2015 Annual Report Download - page 106

Download and view the complete annual report

Please find page 106 of the 2015 Aarons annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 134

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134

Exhibit 10.30
TENTH AMENDMENT TO
LOAN AND SECURITY AGREEMENT
This Tenth Amendment to Loan and Security Agreement (“ Amendment”) is dated as of February 23, 2016 by and among
DENT-A-MED INC., an Oklahoma corporation (“Dent-A-Med”), and HC RECOVERY, INC., an Oklahoma corporation
(collectively the “Borrowers” and each individually is referred to as a “Borrower”), WELLS FARGO BANK, N.A., successor by
merger to Wells Fargo Preferred Capital, Inc., as agent for Lenders (“Agent”), and the financial institutions a party hereto as lenders
(collectively, the “Lenders” and each is a “Lender”).
BACKGROUND
A. Borrowers, Lenders, and Agent are parties to a certain Loan and Security Agreement dated as of May 18, 2011 (as
amended or modified from time to time, the “Loan Agreement”). Capitalized terms used but not otherwise defined in this Amendment
shall have the meanings respectively ascribed to them in the Loan Agreement.
B. Borrowers have requested and Agent and Lenders have agreed to amend the Loan Agreement in certain respects, all on the
terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby promise and agree as follows:
1. Amendments. Upon the effectiveness of this Amendment, the Loan Agreement is amended as follows:
(a) EBITDA Ratio. Effective as of December 31, 2015, Section 6.4(a) of the Loan Agreement is amended and
restated as follows:
(a) EBITDA Ratio. An EBITDA Ratio of not less than 1.70 to 1 as of the end of each fiscal quarter.
2. Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent
(all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrowers and Lenders of this Amendment;
(b) Payment to Agent, for the benefit of Lender, by Borrowers of a non-refundable and fully earned amendment fee in
the amount of $25,000 (“Amendment Fee”) in immediately available funds; and
(c) Execution and/or delivery by the parties of all other agreements, instruments and documents reasonably requested
by Agent to effectuate and implement the terms hereof and the Credit Documents.
116549.01130/101994117v.1