Common use of Forecasted Financials Clause in Contracts

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 7 contracts

Samples: Credit Agreement (Information Services Group Inc.), Credit Agreement (Forest Road Acquisition Corp.), Credit Agreement (Avid Bioservices, Inc.)

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Forecasted Financials. The Consolidated and consolidating (if required to be provided hereunder) forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in management’s good faith business judgment in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 5 contracts

Samples: Term Loan Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.), Term Loan Agreement (Armstrong Flooring, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the BorrowerCompany’s best reasonable estimate of its future financial condition and performance.

Appears in 4 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, it being recognized that the forecasts are not to be viewed as fact and represented, at that actual results during the time of delivery, period or periods covered by the Borrower’s best estimate of its future financial condition forecasts may differ from the projected results and performancesuch differences may be material.

Appears in 3 contracts

Samples: Credit Agreement (Ixia), Credit Agreement (Ixia), Credit Agreement (Ixia)

Forecasted Financials. The Consolidated consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower Parent and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 6.01(d) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair believed to be reasonable at the time made in light of the conditions existing at the time of delivery of such forecastsforecasts were created, and represented, at the time of deliverysuch forecasts were created, the Borrower’s best Borrowers’ reasonable estimate of its future financial condition and performance and are not a guaranty of future performance.

Appears in 2 contracts

Samples: Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Evi Industries, Inc.), Credit Agreement (EnviroStar, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Restricted Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in management’s good faith business judgment in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)

Forecasted Financials. The Consolidated consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Good Times Restaurants Inc.), Credit Agreement (Good Times Restaurants Inc)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the BorrowerCompany’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Radiant Logistics, Inc)

Forecasted Financials. The Consolidated and consolidating forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 2 contracts

Samples: Credit Agreement (Trecora Resources), Credit Agreement (Trecora Resources)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.. CHL:82267.17 60

Appears in 1 contract

Samples: Credit Agreement (Wausau Paper Corp.)

Forecasted Financials. The Consolidated and consolidating forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Execution Copy Credit Agreement (Babcock & Wilcox Enterprises, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries Subsidiaries, prepared on a pro forma basis as of December 31, 2022 after giving effect to the Transactions, and on an annual basis thereafter, delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best good faith estimate of its future financial condition and performance.. 5.06

Appears in 1 contract

Samples: Credit Agreement (Alamo Group Inc)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of Holdings, the Borrower and its their Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Higher One Holdings, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 dated November 20, 2017 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the BorrowerCompany’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Ufp Technologies Inc)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best reasonable, good faith estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (DocGo Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 (in such case, is prepared through and including the end of the Borrower’s 2026 fiscal year) or Section 6.01 6.01, were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best reasonable, good faith estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Ligand Pharmaceuticals Inc)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.. 5.06

Appears in 1 contract

Samples: Credit Agreement (Harmonic Inc)

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Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance, provided that any such forecasts or projections are not a guarantee of any future results and the actual results may vary materially from such forecasts or projections.

Appears in 1 contract

Samples: Credit Agreement (Calix, Inc)

Forecasted Financials. The Consolidated and consolidating forecasted balance sheets, statements of income and cash flows of the each Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the each Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Chase Corp)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries Subsidiaries, prepared on a pro forma basis as of December 31, 2019 after giving effect to the Transactions, and on an annual basis thereafter, delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best good faith estimate of its future financial condition and performance.. (e)

Appears in 1 contract

Samples: Credit Agreement (Alamo Group Inc)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 dated December 31, 2016 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (U S Physical Therapy Inc /Nv)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 4.01(d) or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Commvault Systems Inc)

Forecasted Financials. The Consolidated and, if applicable, consolidating forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair believed by the Borrower to be reasonable in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Pharmaceuticals Inc)

Forecasted Financials. The Consolidated consolidated forecasted balance sheets, statements of income and cash flows of the Borrower Holdings and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of deliverypreparation, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Jamba, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light believed by management of the conditions existing at Company to be reasonable as of the time of delivery of date so furnished (it being understood that projections are subject to uncertainties and contingencies and that actual results during the period or periods covered by such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performanceprojections may differ materially from such projections).

Appears in 1 contract

Samples: Credit Agreement (Super Micro Computer, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheetssheet, statements of income and cash flows of the Borrower Company and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the BorrowerCompany’s best reasonable estimate of its future financial condition and performanceperformance as approved by the Company’s board of directors in the form of its annual financial plan.

Appears in 1 contract

Samples: Credit Agreement (FreightCar America, Inc.)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 dated November 25, 2013 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Ufp Technologies Inc)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower Company and its Subsidiaries (including DAS Medical) delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the BorrowerCompany’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (Ufp Technologies Inc)

Forecasted Financials. The Consolidated forecasted balance sheets, statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 4.01 or Section 6.01 were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light light, in all material respects, of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance.

Appears in 1 contract

Samples: Credit Agreement (ONE Group Hospitality, Inc.)

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