Common use of Projections Clause in Contracts

Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 6 contracts

Samples: Credit Agreement (Hooper Holmes Inc), Credit Agreement (Hooper Holmes Inc), Credit Agreement (Biolase, Inc)

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Projections. As soon as practicable, and in any event not later than thirty (30) 30 days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the its Subsidiaries for such Fiscal Year (including monthly operating and cash flow budgets) prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a the chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them Borrower, in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 5 contracts

Samples: Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (Merus Labs International Inc.)

Projections. As soon as practicable, and in any event not later than thirty (30) 30 days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 4 contracts

Samples: Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Tribute Pharmaceuticals Canada Inc.)

Projections. As soon as practicable, and in any event not later than thirty sixty (3060) days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 3 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Response Genetics Inc), Credit Agreement (Response Genetics Inc)

Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement of each Fiscal Year, financial projections on a monthly quarterly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 3 contracts

Samples: Credit Agreement (Eton Pharmaceuticals, Inc.), Credit Agreement (Pdi Inc), Credit Agreement (SWK Holdings Corp)

Projections. As soon as practicable, and in any event not later than thirty ninety (3090) days after the commencement of each Fiscal Year, financial projections on a monthly quarterly basis of revenues and EBITDA for Borrower and the Subsidiaries Loan Parties for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and projections, (c) such projections have been prepared in accordance with such assumptionsassumptions and (d) such projections have been approved in writing by the Board as the operating plan for the subsequent Fiscal Year.

Appears in 2 contracts

Samples: Credit Agreement (Acer Therapeutics Inc.), Credit Agreement (Acer Therapeutics Inc.)

Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement of each Fiscal Year, financial projections on a monthly quarterly basis of revenues and EBITDA for Borrower and the Subsidiaries Loan Parties for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and and, (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Credit Agreement (Biotricity Inc.)

Projections. As soon as practicable, and in any event not later than thirty forty-five (3045) days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Credit Agreement (SWK Holdings Corp)

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Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement December 31 of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the its Subsidiaries for such the following Fiscal Year (including monthly operating and cash flow budgets) prepared in a manner consistent with the projections delivered by Borrower to the Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, the Agent accompanied by a certificate of a chief financial officer (or other executive officer) Senior Officer of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them Borrower in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Loan and Security Agreement (Mammoth Energy Services, Inc.)

Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement of each Fiscal Year, financial projections on a monthly basis of the marketing expenses, revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Credit Agreement (Veru Inc.)

Projections. As soon as practicable, and in any event not later than thirty (30) days after the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the Subsidiaries for such Fiscal Year prepared in a manner consistent with the projections delivered by Borrower to Agent prior to the Closing Date or otherwise in a manner reasonably satisfactory to Agent, accompanied by a certificate of a chief financial officer (or other executive officer) of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.and

Appears in 1 contract

Samples: Credit Agreement (Biolase, Inc)

Projections. As soon as practicable, and in any event not later than thirty (30) 30 days after prior to the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for Borrower and the its Subsidiaries for such Fiscal Year (including monthly operating and cash flow budgets) prepared in a manner consistent with the projections delivered by Borrower to Agent Lender prior to the Closing Date or otherwise and in a manner form and substance reasonably satisfactory to Agent, Lender and accompanied by a certificate of a chief financial officer (or other executive officer) Senior 26385498.9 45 Officer of Borrower on behalf of Borrower to the effect that (a) such projections were prepared by them Borrower in good faith, (b) Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Loan and Security Agreement (Mattersight Corp)

Projections. As soon as practicable, and in any event not later than thirty (30) 30 days after prior to the commencement of each Fiscal Year, financial projections on a monthly basis of revenues and EBITDA for the Borrower and the its Subsidiaries for such Fiscal Year (including quarterly operating and cash flow budgets) prepared in a manner consistent with the projections delivered by the Borrower to Agent the Lenders prior to the Closing Date or otherwise in a manner reasonably satisfactory to the Administrative Agent, accompanied by a certificate of a chief financial officer (or other executive officer) Senior Officer of the Borrower on behalf of the Borrower to the effect that (a) such projections were prepared by them the Borrower in good faith, (b) the Borrower believes that it has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions.

Appears in 1 contract

Samples: Credit Agreement (American Railcar Industries, Inc.)

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