FIRST AMENDMENT TO SUBSTITUTE INSURANCE REIMBURSEMENT FACILITY AGREEMENT This First Amendment to Substitute Insurance Reimbursement Facility Agreement ("theF irst Amendment”), effective as of August 29, 2023 (the First Amendment Effective Date), amends, supplements and extends the Substitute Insurance Reimbursement Facility Agreement (the "Agreement” attached hereto as Exhibit A), that was effective as of September 29, 2022 by and between 1970 Group, Inc. (the "Company”), a Delaware corporation, having its principal place of business at 100 Jericho Quadrangle, Suite 300, Jericho, New York 11753, and TEAM, INC. (the C"ustomer”) a Delaware corporation, having its principal place of business at 13131 Dairy Ashford Road, Suite 600, Sugar Land, Texas 77478 (Company and Customer are individually referred to herein as a "Party” and collectively, as the "Parties”). WHEREAS, the Parties have agreed to amend, supplement and extend the Agreement on the terms set out in this Amendment, pursuant to Section 6.6 of the Agreement. WHEREAS, all terms used but not defined herein shall have the meanings assigned to them in the Agreement. WHEREAS, this Amendment pertains solely to the sections of the Agreement as provided below, all other terms of the Agreement continue in full 1 force and effect. Section 1.1 Substitute Insurance Collateral Facility. Upon the execution of this Agreement, and subject to the terms and conditions hereof, Company shall provide to Customer and any domestic Subsidiaries or Affiliates of Customer a substitute insurance reimbursement facility pursuant to which the Company will arrange for the issuance of letters of credit from an NAIC-approved financial institution designated by the Company (each a L"etter of Credit”) as set forth in Schedule A (the "Substitute Insurance Reimbursement Facility”) to enable Customer to provide credit support under Customer’s (or its Subsidiaries’) workers’ compensation, commercial automotive and general liability insurance policies identified in Schedule A (the "Policies”). In the event any draw is made under a Letter of Credit (a "Draw”), it is understood and agreed that such Draw shall constitute an advance by Company to Customer in a principal amount equal to the amount of the Draw and such advance shall be reimbursable by Customer within five (5) Business Days of the Company providing Customer with notice of such Draw (the "Repayment Deadline”). Commencing on the first day after Repayment Deadline, the unpaid amount thereof shall bear interest at a per annum rate equal to the Default Rate until paid in full. 1 With respect to all deliveries and reporting obligations that Customer has under the Agreement, relevant dates shall be understood to be updated from prior year to 2023/24 as applicable.
Form 10-K Page 80 Page 82