Common use of Financial Plan Clause in Contracts

Financial Plan. As soon as practicable and in any event no later than the end of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent Borrower, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Term Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term Loans, together, in each case, with an explanation of the assumptions on which such forecasts are based, all in form and substance reasonably satisfactory to the Requisite Lenders;

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

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Financial Plan. As soon as practicable and in any event no later than the end earlier of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent Borrower, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans Loan Maturity Date (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Term LoansLoan Maturity Date, and (iv) forecasts demonstrating adequate liquidity Liquidity through the final maturity date of the Term LoansLoan Maturity Date, together, in each case, with an explanation of the assumptions on which such forecasts are based, all in form and substance reasonably satisfactory to the Requisite Lenders;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (FaceBank Group, Inc.), Credit and Guaranty Agreement (fuboTV Inc. /FL)

Financial Plan. As Prior to the consummation of the Initial Public Equity Offering, as soon as practicable and in any event no later than thirty (30) days after the end beginning of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent BorrowerYear, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 Financial Covenants through the final maturity date of the Term Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term Loans, together, in each case, with an explanation of the assumptions on which such forecasts are based, all case in form and substance reasonably satisfactory to Agents and forecasted in accordance with GAAP, other than cash flows, which may be forecasted in accordance with the Requisite Lendersusual and customary accounting practices of Holdings);

Appears in 2 contracts

Samples: Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital Inc)

Financial Plan. As soon as practicable and in any event no later than the end January 15th of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent BorrowerYear, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans Loan Maturity Date (a “Financial Plan”"FINANCIAL PLAN"), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower Company and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower Company and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 SECTION 6.8 through the final maturity date of the Term LoansLoan Maturity Date, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term LoansLoan Maturity Date, together, in each case, with an explanation of the assumptions on which such forecasts are based, based all in form and substance reasonably satisfactory to the Requisite LendersAgents;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

Financial Plan. As soon as practicable and in any event no later than ninety (90) days after the end of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent BorrowerYear, a consolidated plan and financial forecast for such suchthe next Fiscal Year and each of the two Fiscal Years immediately following such Fiscal Year (or portion thereof) through or, if the final maturity date dateMaturity Date of the Term Loans is sooner, through such final maturity date) (the Maturity Date, a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries the Loan Parties for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries the Loan Parties for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 7.7 through the final maturity date of the Term LoansLoansMaturity Date, and (iv) forecasts demonstrating adequate anticipated liquidity through the final maturity date of the Term LoansLoansMaturity Date, together, in each case, with an explanation of the assumptions on which such forecasts are based, based all in form and substance reasonably satisfactory to the Requisite LendersLenders and accompanied by a Financial Officer Certification;

Appears in 1 contract

Samples: Senior Secured Credit Agreement (U.S. Well Services, Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty (30) days after the end beginning of (x) 60 days following each Fiscal Year and (y) 30 days following in the approval by the board of directors case of the Parent Borrower2009 Fiscal Year, no later than February 28, 2009), a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower for Holdings and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.07 through the final maturity date of the Term Loans, Loans and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term LoansLoans without giving effect to any additional debt or equity offerings not reflected in the Projections, together, in each case, with an explanation of the assumptions on which such forecasts are based, based all in a form and substance reasonably satisfactory to the Requisite LendersAdministrative Agent;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Reprographics CO)

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Financial Plan. As soon as practicable and in any event no later than the end earlier of (xi) 60 fifteen (15) calendar days following each Fiscal Year and (y) 30 days following the after approval by the board Board of directors Directors and (ii) thirty (30) days after the beginning of the Parent Borrowereach fiscal year (commencing with respect to fiscal year 2016), a consolidated plan and financial forecast for such Fiscal Year fiscal year (prepared on a monthly basis) and each Fiscal Year fiscal year (or portion thereof) through the final maturity date of the Term Loans Maturity Date (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each such Fiscal Yearfiscal year, together with an explanation of the assumptions on which pro forma Compliance Certificates for each such forecasts are basedfiscal year, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each month of each such Fiscal Yearfiscal year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.09 through the final maturity date of the Term LoansMaturity Date, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term LoansMaturity Date, together, in each case, with an explanation of the material assumptions on which such forecasts are based, based all in form and substance reasonably satisfactory to the Requisite Required Lenders;

Appears in 1 contract

Samples: Second Lien Credit Agreement (Global Geophysical Services Inc)

Financial Plan. As soon as practicable and in any event no later than thirty days after the end of (x) 60 days following each Fiscal Year and (y) 30 days following the approval by the board of directors of the Parent BorrowerYear, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term Loans Loan (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower and its Subsidiaries for each month of each such Fiscal Year, and (iii) forecasts demonstrating projected compliance with other than the requirements of Section 6.7 through Financial Plan to be delivered no later than thirty days after the final maturity date end of the Term LoansFiscal Year ending December 31, 2022 (which includes the financial forecasts for the Fiscal Years ending December 31, 2023 and (iv) 2024), forecasts demonstrating adequate liquidity through the final maturity date of the Term LoansLoan, together, in each case, with an explanation of the assumptions on which such forecasts are based, based all in form and substance reasonably satisfactory to the Requisite LendersAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.)

Financial Plan. As soon as practicable and in any event no later than the end earlier of (xi) 60 fifteen (15) calendar days following each Fiscal Year and (y) 30 days following the after approval by the board Board of directors Directors and (ii) thirty (30) days after the beginning of the Parent Borrowereach fiscal year (commencing with respect to fiscal year 2016), a consolidated plan and financial forecast for such Fiscal Year fiscal year (prepared on a monthly basis) and each Fiscal Year fiscal year (or portion thereof) through the final maturity date of the Term Loans Final Maturity Date (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each such Fiscal Yearfiscal year, together with an explanation of the assumptions on which pro forma Compliance Certificates for each such forecasts are basedfiscal year, (ii) forecasted consolidated statements of income and cash flows of Parent Borrower Holdings and its Subsidiaries for each month of each such Fiscal Yearfiscal year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.09 through the final maturity date of the Term LoansFinal Maturity Date, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term LoansFinal Maturity Date, together, in each case, with an explanation of the material assumptions on which such forecasts are based, based all in form and substance reasonably satisfactory to the Requisite Required Lenders;

Appears in 1 contract

Samples: First Lien Credit Agreement (Global Geophysical Services Inc)

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