HISTORICAL PERFORMANCE Sample Clauses

HISTORICAL PERFORMANCE. Due to the confidential nature of Real Estate transactions, the specific historical performance of individual transactions cannot be publicly disclosed without the Real Estate owners and investors’ permission. Assist Group can however confirm that most of the management team have a proven track record during the last 7-year period, creating, validating, and improving the offering and products. Our services, focused on the impaired Real Estate market, through entities preceding the current structure:
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HISTORICAL PERFORMANCE. Results of Operations Recent events, including the fallout from problems in the U.S. credit markets, indicate a moderate to severe recession in the U.S. and world economies, which could have an impact on our customers and the volume of business they are able to conduct with us, as well as the prices we able to charge for our services. The following table sets forth the percentages of revenue that certain items of operating data constitute for the periods indicated: Year Ended December 31, 2008 Year Ended December 31, 2007 Year Ended December 31, 2006 Statement of Operations Data: Revenues 100.0 % 100.0 % 100.0 % Costs of services 32.5 % 35.3 % 35.5 % Other expenses: Selling, general and administrative 18.3 % 17.7 % 17.6 % Interest 23.0 % 28.9 % 33.2 % Depreciation and amortization 13.8 % 17.1 % 22.3 % Total other expenses 55.1 % 63.7 % 73.1 % Other income: Interest 0.2 % 0.5 % 0.5 % Escrow settlement — — 0.5 % Other 0.3 % 0.2 % — Total other income 0.5 % 0.7 % 1.0 % Income (loss) before income taxes 12.9 % 1.7 % (7.6 %) Income tax provision (benefit) 4.6 % 1.1 % (1.8 %) Net income (loss) 8.3 % 0.6 % (5.8 %) Year Ended December 31, 2008 Compared to Year Ended December 31, 2007. Revenues for the year ended December 31, 2008 were $212.6 million as compared to $183.2 million for the year ended December 31, 2007, an increase of $29.5 million or 16.1%. This increase in revenue is driven by principally by an increase in OPI billed minutes, offset partially by a nominal decline in the average rate per billed minute. For the year ended December 31, 2008, total costs of services was $69.0 million as compared to $64.8 million for the year ended December 31, 2007, an increase of $4.2 million or 6.5%. This increase was primarily due to increased interpretation minutes, partially offset by a lower cost per minute as a result of lower interpreter costs. Selling, general and administrative expenses for the year ended December 31, 2008 were $38.9 million as compared to $32.4 million for the year ended December 31, 2007, an increase of $6.5 million or 20.0%. This increase was primarily due to higher sales and marketing costs of $2.0 million, operations support costs of $0.7 million and information technology and telecom admin of $0.5 million, and overall increases in all other general and administrative costs. Table of Contents Interest expense for the year ended December 31, 2008 was $48.9 million as compared to $52.9 million for the year ended December 31, 2007, a decreas...
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Related to HISTORICAL PERFORMANCE

  • Timely Performance (a) SELLER's timely performance is a critical element of this Contract.

  • Financial Performance Covenants Notwithstanding anything to the contrary contained in Section 7.01, in the event that Holdings fails to comply with the requirements of the Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of the Company (collectively, the “Cure Right”), and upon the receipt by Company of such cash (the “Cure Amount”) pursuant to the exercise by Holdings of such Cure Right and request to the Administrative Agent to effect such recalculation, such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments:

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Due Performance Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such written assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

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