Company Financial Advisor. Section 2.24 ..................28
Company Financial Advisor. The Note Parties shall continue to retain the Company Financial Advisor (or a prompt replacement Company Financial Advisor acceptable to the Agent) until the Obligations have been fully satisfied (or such earlier time as the Required Holders may agree in writing in their sole discretion), on substantially the same terms to those the Company Financial Advisor is engaged upon as of the Third Amendment Effective Date, and in any event such engagement shall specifically provide, among other things, that the Agent and Holders shall be permitted to meet and speak directly with the Company Financial Advisor from time to time promptly following request and without the Issuer or any Note Party present at such meetings or a party to any such calls.
Company Financial Advisor. The Loan Parties shall continue to retain the Company Financial Advisor (or a prompt replacement Company Financial Advisor acceptable to the Administrative Agent) until the Obligations have been fully satisfied and the Lenders’ commitment to advance Loans and other extensions of credit has expired (or such earlier time as the Requisite Lenders may agree in writing in their sole discretion), on substantially the same terms to those the Company Financial Advisor is engaged upon as of the Second Restatement Effective Date, and in any event such engagement shall specifically provide, among other things, that the Administrative Agent and the Lenders shall be permitted to meet and speak directly with the Company Financial Advisor from time to time promptly following request and without the Borrower or any Loan Party present at such meetings or a party to any such calls.
Company Financial Advisor. Section 6.16
Company Financial Advisor. 4 Company Form 10-K................................................................................................24
Company Financial Advisor. SECTION 3.08
Company Financial Advisor. Upon the earliest to occur of (i) Consolidated Adjusted EBITDA, determined as of the end of the fiscal quarter ending March 31, 2009 and calculated for the fiscal quarter then ending, being less than -$12,000,000, (ii) Consolidated Adjusted EBITDA, determined as of the end of the fiscal quarter ending June 30, 2009 and calculated for the fiscal quarter then ending, being less than $5,000,000, (iii) Consolidated Adjusted EBITDA, determined as of the end of the fiscal quarter ending September 30, 2009 and calculated for the fiscal quarter then ending, being less than $8,000,000, (iv) Consolidated Adjusted EBITDA, determined as of the end of any fiscal quarter thereafter and calculated for the fiscal quarter then ending, being less than $15,000,000, or (v) the occurrence of any Event of Default, then, at the request of the Required Holders, the Company agrees to promptly engage at the Company’s sole cost a financial consultant selected by the Company and reasonably acceptable to the Required Holders (the “Company Financial Advisor”) with a scope of authority, and engaged pursuant to terms and conditions, in each case reasonably satisfactory to the Company and the Required Holders. The Company shall provide the Company Financial Advisor with full onsite access to its books and records and the opportunity to discuss the financial condition, performance, financial statements and other matters regarding the Company and its Subsidiaries with their respective officers, managers, other employees, directors, independent accountants and financial advisors to permit the Company Financial Advisor to fully investigate any matter that arises during its review of the financial and other information of the Company and its Subsidiaries. The Company Financial Advisor shall fully share its work product with the Company and the holders.
Company Financial Advisor. 1.5(c) Company Insurance Contracts............................. 5.1(r)(i) Company Insurance Subsidiaries.......................... 5.1(a) Company Material Adverse Effect......................... 5.1(a) Company Option.......................................... 4.3(a) Company Prepared SAP Statements......................... 5.1(e)(ii) Company Reports......................................... 5.1(e)(i) Company Requisite Vote.................................. 5.1(c)(i) Company SAP Statements.................................. 5.1(e)(ii) Company Stock Plans..................................... 5.1(b) Compensation and Benefit Plans.......................... 5.1(h)(i) Confidentiality Agreement............................... 9.7
Company Financial Advisor. “Company Financial Advisor” shall have the meaning set forth in Section 2.24.
Company Financial Advisor. Section 1.2.1 "COMPANY FORM 10-K" Section 3.7.3 "COMPANY INBOUND LICENSE AGREEMENTS" Section 3.15.9 "COMPANY MATERIAL CONTRACT" Section 3.12 "COMPANY OUTBOUND LICENSE AGREEMENTS" Section 3.15.9 "COMPANY OWNED COPYRIGHTS Section 3.15.4 "COMPANY PERMITS" Section 3.6 "COMPANY REPRESENTATIVES" Section 5.3.1 "COMPANY SEC FILINGS" Section 3.7.1 "COMPANY STOCKHOLDERS' MEETING" Section 2.8.1 "COMPANY SUBSIDIARY" Section 3.1 "CONFIDENTIALITY AGREEMENT" Section 5.3.2 "CONTINUING DIRECTOR" Section 1.3.3 "D&O INSURANCE" Section 5.9.2 "DGCL" Recitals "DISSENTING SHARES" Section 2.10 "EFFECTIVE TIME" Section 2.2 "ERISA" Section 3.10 "EXCHANGE ACT" Section 1.1.1 "EXPIRATION DATE" Section 1.1.2
