Cash Flow Budget. On each Monday commencing on July 18, 2005, and continuing on each Monday thereafter, Borrower will deliver to CF, in form, content, and detail satisfactory to CF, a rolling twelve (12) week cash flow budget (the “Budget”). The Budget shall include a certification (executed and certified by Borrower’s authorized representatives) evidencing and certifying that Borrower has performed in accordance with the Budget during the preceding week.
Cash Flow Budget. The Administrative Agent and the Lenders shall have received a cash flow budget for the 20-week period beginning on the Closing Date, in form and substance acceptable to the Administrative Agent and the Majority Lenders.
Cash Flow Budget. At any time Liquidity (determined as of 5:00 p.m.) is less than $40,000,000 for a period of five consecutive days (the “CF Trigger Period”) and until the Liquidity (determined as of 5:00 p.m.) is greater than $40,000,000 for five consecutive days, no later than close of business on the date that is five (5) Business Days following the occurrence of a CF Trigger Period and every seventh calendar day thereafter by the close of business, the Borrower shall deliver to the Administrative Agent for distribution to the Lenders a 13-week cash flow budget, in a form acceptable to the Administrative Agent (the “Cash Flow Budget”), for the then-upcoming thirteen (13) week period, and (ii) no later than the close of business on the required date of delivery for the second Cash Flow Budget hereunder and continuing with the delivery of each additional required Cash Flow Budget thereafter, a report setting forth actual cash receipts, disbursements and net cash flows of the Loan Parties and their Subsidiaries for the prior period; provided that any such report and Cash Flow Budget shall contain supporting information reasonably requested by the Administrative Agent.
Cash Flow Budget. On or before the Fourth Forbearance Effective Date, the Company shall provide to the Administrative Agent and the Lenders a daily cash flow budget for the Loan Parties covering the Second Extended Forbearance Period that is acceptable to the Administrative Agent and the Lenders in their sole discretion (the “Second Extended Forbearance Period Budget”). Beginning on the last day of the first full week after the Fourth Forbearance Effective Date and the last day of each week thereafter, the Loan Parties will furnish to Administrative Agent a variance report (“Cash Flow Variance Report”) setting forth actual cash receipts and disbursements of the Loan Parties for the prior week and setting forth for the period from the Fourth Forbearance Effective Date through the end of such week a comparison to the Second Extended Forbearance Period Budget for the same period, both in dollar and percentage form; each such Cash Flow Variance Report shall include explanations for all material variances and shall be certified by the Chief Financial Officer of the Company. Compliance with the Second Extended Forbearance Period Budget shall be tested as of the last day of each week (each a “Testing Period”), as follows: the aggregate amount of all cash flow expenditures [***] (the “Cash Flow Tested Expenditures”) for each Testing Period shall be no greater than 105% of the cumulative amount of Cash Flow Tested Expenditures set forth in the Second Extended Forbearance Period Budget for such Testing Period.”
Cash Flow Budget. To the Agent, not later than Wednesday of every other calendar week, an updated Cash Flow Budget (in the form of EXHIBIT 1.2) for the thirteen (13) week period commencing on the immediately preceding Friday, together with a report, comparing the actual cash flow of the Borrower for the previous two calendar weeks to the Cash Flow Budget for such two week period, together with an explanation in reasonable detail of any variances with Cash Flow Budget for such two week period. Each such updated Cash Flow Budget shall be subject to the approval of the Agent and shall not be the "Cash Flow Budget" for any purpose of this Agreement absent such approval by Agent; PROVIDED, that Agent in its sole discretion may require, by written notice delivered to Borrower that Borrower deliver Cash Flow Budgets on Wednesday of every calendar week with the Cash Flow Budgets in such case relating back to immediately preceding Friday;
Cash Flow Budget. Not later than November 13, 2019, and on a bi-weekly basis thereafter, Borrower shall submit to Agent a 13-week cash flow model (a “Cash Flow Budget”), in form and substance acceptable to Agent. With respect to each Cash Flow Budget submitted after the initial Cash Flow Budget, Borrower shall submit a variance report on both a week by week basis and a cumulative, weekly roll-forward basis through the end of the immediately preceding week, a comparison of the actual cash disbursements to the projected cash disbursements and the actual cash receipts to the projected cash receipts, each as set forth in the Cash Flow Budget for such period.
Cash Flow Budget. Continue on a bi-weekly basis, based on the timeline in place prior to Closing Date, to deliver to Agent a 13-week cash flow model (a “Cash Flow Budget”), in form and substance acceptable to Agent, along with a variance report (“Cash Flow Variance Report”) on both a week by week basis and a cumulative, weekly roll-forward basis through the end of the immediately preceding week, a comparison of the actual cash disbursements to the projected cash disbursements and the actual cash receipts to the projected cash receipts, each as set forth in the Cash Flow Budget for such period.
Cash Flow Budget. To Agent, not later than Tuesday of every calendar week, an updated Cash Flow Budget (in the form of EXHIBIT 1.2) for the thirteen (13) week period commencing on the immediately preceding Friday, together with a report, comparing the actual cash flow of Borrower for the previous calendar week to the Cash Flow Budget for such period, together with an explanation in reasonable detail of any variances with Cash Flow Budget for such period. Each such updated Cash Flow Budget shall be subject to the approval of Agent and shall not be the "Cash Flow Budget" for any purpose of this Agreement absent such approval by Agent;
Cash Flow Budget. Notwithstanding anything to the contrary set forth in Section 7.1(k)(ii) of the Credit Agreement, the delivery by the Borrower of the budget for the period ending November 6, 2004 as set forth on Annex I hereto (the "August 11 Budget") shall satisfy the Borrower's obligations under Section 7.1(k)(ii) for such period; provided that notwithstanding anything contained in the August 11 Budget or in the Credit Agreement to the contrary, for the period commencing on the date hereof and ending on November 6, 2004, (i) the aggregate amount of outstanding Revolving Loans shall at no time exceed $75,000,000 and (ii) the aggregate amount of Letters of Credit Obligations plus the aggregate amount of outstanding Revolving Loans shall at no time exceed $82,000,000, it being acknowledged and agreed that the failure by the Borrower to comply with the requirements set forth above shall constitute an immediate Event of Default under Section 9.1 of the Credit Agreement. For the avoidance of doubt, for purposes of determining compliance with Section 8.23 of the Credit Agreement, all references to the "Budget" in Section 8.23 shall be deemed to be references to the August 11 Budget.
Cash Flow Budget. The Cash Flow Budget is true, correct and complete and represents Borrower's current estimate of projected revenues and expenses for the Mortgaged Property during the term of the Loan; provided, however, the Cash Flow Budget is not to be viewed as facts and actual results during the period or periods covered by the Cash Flow Budget may differ from such Cash Flow Budget and the differences may be material. Notwithstanding the foregoing, Borrower acknowledges that a variation in the Cash Flow Budget which has not been approved by Lender which is deemed to adversely affect the Cash Flow Budget as provided in Section 3(a)(1) hereof constitutes and Event of Default under this Loan Agreement, unless a revised Cash Flow Budget is submitted to and approved by Lender pursuant to the terms of Section 3(a)(1). In the event the Borrower submits and Lender approves a revised Cash Flow Budget pursuant to paragraph 3(a)(1), the revised Cash Flow Budget shall be the Cash Flow Budget for all purposes hereunder.
