Not permit the EBITDA of Borrower and its Subsidiaries for the consecutive month period ending on the last Business Day of any Fiscal Quarter set forth in the table below (designated by “Q” in the table below) to be less than the applicable amount set forth in the table below for such period.

Not permit the EBITDA of Borrower and its Subsidiaries for the consecutive month period ending on the last Business Day of any Fiscal Quarter set forth in the table below (designated by “Q” in the table below) to be less than the applicable amount set forth in the table below for such period.

Minimum EBITDA. [Section 14.4] of the Loan Agreement is hereby amended by deleting [Section 14.4] in its entirety and substituting therefor the following:

Loan Parties shall not permit year-to-date EBITDA to be less than negative Eight Million Five Hundred Thousand and No/100 Dollars (-$8,500,000.00), for the Fiscal Quarter ending December 31, 2020, tested as of the last day of such Fiscal Quarter. For purposes of clarification, # EBITDA of -$8,600,000 constitutes an Event of Default and # the minimum EBITDA covenant shall not be tested after December 31, 2020. Notwithstanding anything contained herein to the contrary, for any period # the Five Points Sale Gain shall not be included in the calculation of the minimum EBITDA covenant and # the New Equity Addback up to the amount of research and development expenses incurred during such period may be included in the calculation of the minimum EBITDA covenant.”

Minimum EBITDA. A new [Section 6.5(c)] shall be added to the Credit Agreement as follows:

Minimum EBITDA. Cause the Borrowers on a Consolidated Basis to maintain EBITDA of not less than the amounts set forth below for the corresponding fiscal quarter then ending, in each case measured on a trailing twelve month basis:

Minimum EBITDA. EBITDA for the most recently ended 12 month period for which Agent has received financial statements of GLDD shall be at least ​.

All determined according to Applicable Accounting Standards as applied to the consolidated financial statements of Borrower for the trailing twelve months, as shown by each fiscal quarter’s financial statements.

Consolidated EBITDA Definition. During the Forbearance Period only, [Section 1.01] of the Financing Agreement shall be amended by deleting “$750,000” in sub-clause (ix) of the definition of “Consolidated EBITDA” and inserting “$1,200,000.00” in lieu thereof.

Consolidated EBITDA Definition. During the Forbearance Period only, [Section 1.01] of the Financing Agreement shall be amended by deleting “$750,000” in sub-clause (ix) of the definition of “Consolidated EBITDA” and inserting “$1,200,000.00” in lieu thereof.