Common use of Permitted Variance Clause in Contracts

Permitted Variance. Notwithstanding the Approved Budget, so long as the Termination Date shall not have occurred, the Debtors shall be authorized to use Cash Collateral in accordance with the Approved Budget, in an amount that would not cause the Debtors to use Cash Collateral for operating disbursements in an aggregate amount greater than one-hundred and fifteen percent (115%) of the operating disbursements in the Approved Budget for any calendar month period (a “Permitted Variance”). If the aggregate amount of Cash Collateral actually used by the Debtors, measured on a monthly basis, is less than the aggregate amount of Cash Collateral available for use by the Debtors in the Approved Budget during such period, then for purposes of the Permitted Variance, the Debtors may carry over any such unused amount to the future periods in the Approved Budget.

Appears in 2 contracts

Sources: Restructuring and Plan Support Agreement, Restructuring and Plan Support Agreement