Common use of Financial Performance Covenants Clause in Contracts

Financial Performance Covenants. The Borrowers shall observe and ------------------------------- comply with those financial performance covenants set forth on EXHIBIT 5-12(a), annexed hereto, certain of which covenants are based on the Business Plan set forth on EXHIBIT 5-12(b), annexed hereto. Such financial performance covenants are subject to change, revision, roll over, and extension as provided in Section 5-11(e) hereof. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Lender may determine the Borrowers' compliance with such covenants based upon financial reports and statements provided by the Borrowers to the Lender (whether or not such financial reports and statements are required to be furnished pursuant to the within Agreement) as well as by reference to interim financial information provided to, or developed by, the Lender.

Financial Performance Covenants. The Borrowers Borrower shall observe and ------------------------------- comply with those financial performance covenants set forth on EXHIBIT 5-12(a), annexed hereto, certain of which covenants are based on the Business Plan set forth on EXHIBIT 5-12(b), annexed hereto. Such financial performance covenants are subject to change, revision, roll over, and extension as provided in Section 5-11(e) 11 hereof. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Lender may determine the Borrowers' Borrower's compliance with such covenants based upon financial reports and statements provided by the Borrowers Borrower to the Lender Agent (whether or not such financial reports and statements are required to be furnished pursuant to the within this Agreement) as well as by reference to interim financial information provided to, or developed by, the LenderAgent.

Financial Performance Covenants. The Borrowers Borrower shall at all times observe and ------------------------------- comply with those financial performance covenants set forth on EXHIBIT 5-12(a), annexed hereto, certain of which covenants are based on in the Business Plan set forth on EXHIBIT 5-12(b), annexed heretofollowing subsections 5.12.1 and 5.12.2. Such financial performance covenants are subject to change, revision, roll over, and extension as provided in Section 5-11(e) and (f) hereof, and shall in any event be reset following the occurrence of the Capital Infusion Event. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Lender may determine the Borrowers' Borrower's compliance with such covenants based upon financial reports and statements provided by the Borrowers Borrower to the Lender (whether or not such financial reports and statements are required to be furnished pursuant to the within this Agreement) as well as by reference to interim financial information provided to, or developed by, the Lender.

Financial Performance Covenants. The Borrowers Borrower shall observe and ------------------------------- comply with those financial performance covenants set forth on EXHIBIT 5-12(a), annexed hereto, certain of which covenants are based on the Business Plan set forth on EXHIBIT 5-12(b), annexed hereto. Such financial performance covenants are subject to change, revision, roll over, and extension as provided in Section 5-11(e) hereof. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Lender may determine the Borrowers' Borrower's compliance with such covenants based upon financial reports and statements provided by the Borrowers Borrower to the Lender (whether or not such financial reports and statements are required to be furnished pursuant to the within this Agreement) as well as by reference to interim financial information provided to, or developed by, the Lender.

Financial Performance Covenants. The Borrowers shall observe and ------------------------------- comply with those the following financial performance covenants set forth on EXHIBIT 5-12(a5.10(a), annexed hereto, certain of which covenants are based on the Business Plan set forth on EXHIBIT 5-12(b5.10(b), annexed hereto. Such financial performance covenants are subject to change, revision, roll over, and extension as provided in Section 5-11(e5.11(d) and (e) hereof. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Lender may determine the Borrowers' ’ compliance with such covenants based upon financial reports and statements provided by the Borrowers Lead Borrower to the Lender (whether or not such financial reports and statements are required to be furnished pursuant to the within this Agreement) as well as by reference to interim financial information provided to, or developed by, the Lender.