Diligence Materials definition

Diligence Materials means the Preliminary Due Diligence Package together with the Supplemental Due Diligence List.

Diligence Materials means, collectively, (i) the Preliminary Due Diligence Package furnished by Seller to Buyer, and (ii) any other diligence materials delivered by Seller to Buyer in connection with Buyer’s review of any New Collateral, whether pursuant to a Supplemental Due Diligence List or otherwise.

Diligence Materials means the documents and other materials and information regarding the Property provided by or on behalf of Seller or any Seller Party to Buyer or any Buyer Party to assist with Buyer’s evaluation and acquisition of the Property, including the Seller Deliveries.

Examples of Diligence Materials in a sentence

• Except as may be described in or contemplated by the Diligence Materials, Title Evidence and/or Survey, Seller has not made, and will not make or permit to be made or imposed, any commitments or representations to any applicable governmental authorities, or to adjoining or surrounding property owners, which would, in any manner, be binding upon Buyer, or impact Buyer’s development of the Property, or be an encumbrance to the title to the Property.

• Buyer shall have determined, on or before the expiration of the Due Diligence Period (defined below), that it is satisfied, in Buyer’s sole and absolute discretion, with the condition of the Property and with its review and analysis of the Diligence Materials (defined below).

• To Seller’s actual knowledge, Seller has provided Buyer all Diligence Materials to the extent in Seller’s possession and control.

More Definitions of Diligence Materials

Diligence Materials means, with respect to any New Loan, the related Preliminary Due Diligence Package together with the related Supplemental Due Diligence Package.

Diligence Materials means the Title Materials and the Environmental Materials.

Diligence Materials has the meaning set forth in Section 2.5.3.

Diligence Materials means all information, financial information, technical specifications, and legal analysis, and other information about the Subscriber furnished by Subscriber in connection with Osprey onboarding the Subscriber in connection with the In-Kind Subscription.

Diligence Materials has the meaning set forth in Section 19.

Diligence Materials means (i) a DIP Facility sizing analysis; (ii) an analysis of projected lease and executory contract rejections and renegotiations in the context of a Recapitalization Transaction, including damage calculations under section 502(b)(6) of the Bankruptcy Code; (iii) an analysis of potential cost savings associated with the renegotiation of existing leases and contracts in the context of a Sale Transaction; (iv) both (A) a preliminary 1Q2023 financial update, including reasonably detailed MD&A, key operational KPIs such as churn and occupancy, and an overview of 2QTD trends, and (B) a draft 10Q filing in respect of 1Q2023, (v) updated financial and operational guidance for FY2023; (vi) a reasonably detailed revenue build-up for FY2023; (vii) a reasonably detailed budget, including with respect toprojected capital expenditures for FY2023 and FY2024; (viii) an updated 13-week cash flow forecast; (ix) an updated business plan, which shall have a case accounting for a potential Recapitalization Transaction and a status quo case, (x) a detailed summary of all employee retention and incentive programs applicable to the Company Parties, including aggregate amounts implicated, duration, timing of payments, number of employees included, supporting detail prepared by the Company’s compensation consultant and, solely with respect to any insiders and key management-level employees, an employee-by-employee breakdown of the timing and amount of contemplated payments; and (xi) an update on the Marketing Process, including the identity of each potential bidder that has been contacted and the identity of each potential bidder that has signed a confidentiality agreement with the Company Parties.

Diligence Materials means the following items: