On June 29, 2023, ASAP Inc. (f/k/a Waitr Inc.), Waitr Intermediate Holdings, LLC, other guarantors party thereto, Luxor Capital, LLC (âLuxor Capitalâ) and Luxor Capital Group, L.P. (âLuxor Capital Groupâ and, collectively with Luxor Capital, âLuxorâ) entered into Amendment No. 9 (the âCredit and Guaranty Agreement Amendmentâ) to the existing credit and guaranty agreement dated as of November 15, 2018 (as amended, the âCredit and Guaranty Agreementâ). The Credit and Guaranty Agreement Amendment provides that Section 5.1(b) of the Credit and Guaranty Agreement is amended to extend the due date from August 14, 2023 to August 20, 2023 for submission of the second quarter 2023 unaudited financial statements of Waitr Holdings Inc. (the âCompanyâ) and its subsidiaries to Luxor and the due date from November 14, 2023 to November 19, 2023 for submission of the third quarter 2023 unaudited financial statements of the Company and its subsidiaries to Luxor.
On June 29, 2023, the Company and Luxor entered into Amendment No. 10 (the âCredit Agreement Amendmentâ) to the existing credit agreement dated as of November 15, 2018 (as amended, the âCredit Agreement Amendmentâ). The Credit Agreement Amendment provides that (i) Section 5.1(b) of the Credit Agreement is amended to extend the due date from August 14, 2023 to August 20, 2023 for submission of the second quarter 2023 unaudited financial statements of the Company and its subsidiaries to Luxor and the due date from November 14, 2023 to November 19, 2023 for submission of the third quarter 2023 unaudited financial statements of the Company and its subsidiaries to Luxor, and (ii) Section 2.5(d) is amended to allow the Company to PIK one hundred percent of the accrued interest for each of the fiscal quarters ending June 30, 2023 and September 30, 2023, due on June 30, 2023 and September 30, 2023, respectively.