The Amendment also contemplates additional reserves which shall be applied against the Company’s revolving borrowing base. The Amendment also includes certain other amendments, modifications or supplements to certain other terms and provisions as more specifically contemplated therein. Additionally, under the Amendment, the Required Funding Date has been revised to reflect the receipt of at least $87,000,000 of proceeds under the Equity Commitment Documents (as defined in the Amended Credit Agreement) on Ma(the “March Funding Requirement”), in addition to the proceeds already received by the Company during February 2023, and the requirement to receive an additional $100,000,000 of proceeds under the Equity Commitment Documents on or prior to April 6, 2023, and every twenty-two trading days thereafter. The Amendment waived certain defaults and events of default under the Credit Agreement related to negative and affirmative covenants, including relating to the timely approval of the Company’s budget, which impacted the receipt of equity proceeds pursuant to the Equity Commitment Documents by the then Required Funding Date (as defined in the Credit Agreement) and subsequently triggered the required satisfaction of the springing fixed charge coverage ratio. (the “Company”) entered into a waiver and amendment (the “Amendment”) to that certain Amended and Restated Credit Agreement, dated as of Aug(as amended or otherwise modified to date, including by that certain Second Amendment to Amended and Restated Credit Agreement and Waiver, dated as of Febru(the “Credit Agreement” and as further amended by the Amendment, the “Amended Credit Agreement”)), with certain of the Company’s US and Canadian subsidiaries party thereto, JPMorgan Chase Bank, N.A., as administrative agent (the “Administrative Agent”), Sixth Street Specialty Lending, Inc., as FILO agent (the “FILO Agent”), and the lenders party thereto.

☐Įntry into a Material Definitive Agreement. If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter). Securities registered pursuant to Section 12(b) of the Act:

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2.

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