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 ​.

Minimum Cumulative EBITDA. During the Suspension Period, # permit cumulative Consolidated EBITDA for the fiscal quarter ending June 30, 2020 to be less than $2,600,000; # permit cumulative Consolidated EBITDA for the two fiscal quarter period ending September 30, 2020 to be less than $18,700,000; # permit cumulative Consolidated EBITDA for the three fiscal quarter period ending December 31, 2020 to be less than $41,400,000; and # permit cumulative Consolidated EBITDA for the four fiscal quarter period ending March 31, 2021 to be less than $59,700,000.

Minimum Consolidated EBITDA. Permit Consolidated EBITDA for any quarter specified below, as calculated on a trailing twelve (12) months basis, to be less than the correlative amount specified below:

Minimum Consolidated EBITDA. The Borrower shall not permit Consolidated EBITDA to be less than the following amounts as of the last day of each of the following periods: # $0 for the fiscal quarter ending December 31, 2020; and # $25,000,000 for the two consecutive fiscal quarter period ending March 31, 2021. For the avoidance of doubt, for purposes of this [Section 6.10], Consolidated EBITDA shall only be determined using amounts arising in the fiscal quarters being tested, and no rolling-four quarter amounts shall be included.

Consolidated EBITDA. During the Forbearance Period only, [Section 7.03(b)] of the Financing Agreement shall be amended by deleting “$9,500,000” where it appears opposite “January 31, 2020 and thereafter” and inserting “$6,500,000” in lieu thereof.