Initial Business Plan. 7.7.1 All factual information contained in the Initial Business Plan was when given and is at the date of this Agreement true and accurate in all material respects. The financial forecasts, projections and estimates contained in the Initial Business Plan have been diligently prepared have been carefully considered by the Warrantor and are believed to be fair and reasonable having regard to the information available and the market conditions prevailing at the time of their preparation and are not in need of any amendment.
Initial Business Plan. The Parties shall work in good faith to prepare a mutually acceptable Initial Business Plan prior to the Closing.
Initial Business Plan. The Business Plan for the Financial Year in which the JV is formed shall be in agreed form and adopted by the parties at Closing. Such Business Plan will provide for the establishment of an equity incentive plan for the management and employees of the JV equal to [***] percent ([***]%) of the equity capital of the JV, thereby diluting each of SoftBank and Guardant to [***] ([***]%) and [***] percent ([***]%), respectively, of the equity capital of the JV, respectively.
Initial Business Plan. Each party acknowledges that it has received a certified copy of the Business Plan initially prepared by management of Telesat, with the assistance of management of Loral in relation to the assumed consummation of the transactions contemplated by the Skynet Asset Transfer Agreement and the Skynet Sale Agreement with effect from September 1, 2007 (the “Initial Business Plan”), and the Initial Business Plan is hereby approved by the parties hereto. The Initial Business Plan shall take effect on the date of this Agreement and for greater certainty shall not require the approval of the Board. The Initial Business Plan sets forth the objectives of Telesat for the period ending on December 31, 2012.
Initial Business Plan. Such Institutional Investor is --------------------- sophisticated in financial matters and sophisticated in the industry in which the Company contemplates doing business and has had an opportunity to evaluate the Initial Business Plan of the Company.
Initial Business Plan. The Initial Business Plan shall be the business plan of the Company for the period from the Formation Date through December 31, 2015 and sets forth the Initial Annual Budgets for each Fiscal Year during the Initial Period. Following the appointment of the chief executive officer of the Company (the “Chief Executive Officer”), the Members shall consult with the Chief Executive Officer regarding the Initial Business Plan and the Initial Annual Budgets, and after such consultations, Discovery and Hasbro may make any adjustments and modifications to the Initial Business Plan and the Initial Annual Budgets as they may mutually agree upon, which as so agreed shall constitute the applicable Initial Business Plan and the Initial Annual Budgets for purposes of this Agreement from and after the time so agreed.
Initial Business Plan. (a) As soon as practicable and in any event within 60 days following the Implementation Date, the Parties will, and will cause the Joint Venture to, develop and approve an initial business plan for the Joint Venture (“Initial Business Plan”) which covers:
Initial Business Plan. 7.1 The parties agree that the initial business plan relating to the joint venture to be formed pursuant to the Shareholders’ Agreement shall be agreed by the parties prior to Completion and shall:
Initial Business Plan. 3.1.1. Within sixty (60) days after the Effective Date, Manager shall prepare and submit to Owner a strategic business plan for the Retail Property containing recommendations concerning the ownership, operation, and maintenance thereof and proposed annual operating and capital budgets therefore (the “Initial Business Plan”). The Initial Business Plan shall, at a minimum, include each of the following: (i) a narrative business plan for the Retail Property; (ii) a pro forma financial statement of income and expenses for the first five (5) years; (iii) a merchandising plan; (iv) a list of prospective tenants; (v) specific actions to be taken by Manager and Owner to execute the strategy articulated in the Initial Business Plan including quantative indicators to measure results for each recommended action; (vi) an exhibit depicting the overall architectural design and theme of the Retail Property; (vii) a tenant criteria manual; (viii) a proposed standard form of retail lease including construction exhibit and the rules and regulations applicable to all of the tenants; and (ix) tenant design guidelines. Owner shall cooperate with Manager in completion of the Initial Business Plan by providing access to all resources which are reasonably needed by Manager 170 175 180 185 190 195 200 205 including, without limitation, architects, constructions managers, the City attorney, the City and Agency staff.
Initial Business Plan. Prior to the Closing, Seller shall deliver an updated version of the Initial Business Plan (as defined in the Amended and Restated Operating Agreement) to Purchaser, which updated version shall include, except as otherwise mutually agreed in writing by the parties, the categories of information that, as reflected in the form of Initial Business Plan attached as Exhibit F to the Amended and Restated Operating Agreement, are to be provided by Seller prior to the Closing, including (a) the revenue information, analysis and projections and (b) the information relating to (i) marketing initiatives and (ii) contract renewal of worldwide and multi-territory licenses, agency agreements and other contracts with minimum guarantees equal to or greater than [* - threshold amount redacted as commercially sensitive information].
