Budget Matters Sample Clauses

Budget Matters. The Mexican Draw Disbursements and the disbursements of the Capex Loans shall be governed by the Budget, which shall be in form and substance substantially similar to the initial Budget and reasonably satisfactory to Agent. The Budget shall specify the amount of cash equity invested in the Mexican Project, and all costs and expenses to be incurred by one or more Borrowers in connection with the Mexican Project; provided that the initial Budget delivered pursuant to Section 6.22(b) hereof shall only be required to specify the amount of cash equity invested in the Mexican Project, capital costs with respect to fixed assets, and all expenses with respect to moving equipment that Borrowers reasonably expect to be incurred by one or more Borrowers in connection with the Mexican Project. No Borrower is aware of any other such costs, expenses or fees (in connection with the Mexican Project) that are material and are not covered by the Budget. The Budget shall include line items for the costs of all labor, materials, equipment, fixtures and furnishings needed for the completion of the Construction, and all other costs, fees and expenses relating to the Construction of the Improvements, amounts satisfactory to Agent for soft costs and reserves, and all other sums due in connection with the Construction and operation of the Mexican Project. The initial Budget is attached as Exhibit K, and has been approved by Agent. All additional changes to the Budget 109 shall be subject to the prior written consent of Agent. Each Borrower shall pay, as they become due, all amounts set forth in the Budget with respect to the costs required to be paid for by such Borrower.
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Budget Matters. The Board of Directors, including the Preferred Director Majority, shall approve a comprehensive operating budget forecasting the Company’s revenues, expenses, capital expenditures and cash position on a month-to-month basis for the upcoming fiscal year prior to the end of each fiscal year.
Budget Matters. 1. Chromatics and Xxxxxx will each contribute $37,500.00 (the "Initial Payment") to the Budget on the date which is 30 days prior to the date Chromatics reasonably anticipates delivering the Ship Notice (as notified in writing to Xxxxxx by Chromatics), to jointly finance this Field Test. The Budget for the use of these funds including use of any sales income received from the Field Test is attached hereto as Exhibit B. Any sales income generated by the Field Test in excess of Field Test expenses in the Budget and reimbursement to be provided to the parties as set forth herein and pursuant to the Budget shall be shared equally by Chromatics and Xxxxxx. It is agreed by the parties that should there be less sales income than projected in the Budget or no sales income received from the Field Test to contribute to the Budget, then each of Xxxxxx and Chromatics will pay, in equal amounts, up to $5,234 each (the "Additional Payment").
Budget Matters. Borrower shall (i) (A) on or prior to the First Amendment Effective Date, deliver to Agent an operating budget in form, substance and methodology satisfactory to Agent, which shall reflect Borrower’s good faith projection of all cash receipts and disbursements on a week-by-week basis in connection with the operating of its business through October 31, 2012, (B) for each month (each a “Subject Month”) beginning with the month ending November 30, 2012 and continuing for each month ended thereafter, on or prior to the date that is ten (10) days prior to the beginning of such Subject Month, deliver to Agent an operating budget in form, substance and methodology satisfactory to Agent, which shall reflect Borrower’s good faith projection of all cash receipts and disbursements on a week-by-week basis in connection with the operating of its business for, and through the end of, the Subject Month (the budgets delivered pursuant to clauses (A) and (B) of this Section 4(c)(i) shall be collectively referred to as the “Budget”) and (C) on Monday of each week following the First Amendment Effective Date, deliver to Agent an expense report for the immediately preceding week along with a comparison against the budget amount of expenses for that week in accordance with the Budget, and (ii) during any given week, cause its expenditures to be in line with its Budget for such week in all material respects and, in furtherance of the foregoing, with respect to line items in the Budget in excess of $25,000, shall not make expenditures with respect to any line item on the Budget in excess of five percent (5.0%) (or such greater percentage as may be consented to in writing in advance by Agent in its sole discretion (the determination of whether Agent is willing to grant such consent not to be unreasonably delayed)) of the amount set forth on the Budget for such expenditure.
Budget Matters. Section 4 of the First Amendment is hereby modified by deleting clause (c)(i)(C) of such section in its entirety and substituting in lieu thereof the following new clause (c)(i)(C) to read in its entirety as follows:
Budget Matters. (1) In addition to the budgetary authorities and responsibilities provided to the Director by statute, [former] 21 U.S.C. 1502, for those agency budget requests that are not certified as adequate to implement the objectives of the National Drug Control Strategy, the Director shall include in such certifications initiatives or funding levels that would make such requests adequate.
Budget Matters. (a) TVGN and Lions Gate have prepared and agreed upon the projected expenditure schedules and a projected profit and loss statement for the Company through the calendar year ending December 31, 2009 (the “Initial Budget”), which is attached as Schedule 8.1 hereto. The Initial Budget, among other things, includes a schedule setting forth any additional funding requirements that will be required from the Members to fund the ongoing operations of the Company (which may be funded, at the election of an Investment Member, out of reinvestments of Available Cash distributable to such Investment Member during the period covered by the Initial Budget), including identified business expansion expenditures or acquisition expenditures through the calendar year ending on December 31, 2009. Not later than November 1, 2009, and beginning with the Fiscal Year ending March 31, 2011, and for each subsequent Fiscal Year, not later than 60 days prior to the beginning of such Fiscal Year, the Company shall prepare and submit to the Board of Managers for approval projected expenditure schedules and a projected profit and loss statement for such Fiscal Year (each, an “Annual Budget”), which the Board of Managers shall consider and vote upon in accordance with Section 5.6(a) not later than 30 days prior to the beginning of such Fiscal Year. The parties acknowledge that the Annual Budget for the Fiscal Year ending March 31, 2011 will be a 15 month budget and the Board of Managers will consider such budget not later than December 1, 2009. Each Annual Budget shall be in a form substantially similar to the Initial Budget. The Initial Budget and any subsequent approved Annual Budget are referred to as an “Approved Budget”. The amount of any additional funding requirements, if any, set forth in an Approved Budget as being requested of the Investment Members with respect to their Investment Units to fund the ongoing operations of the Company and any anticipated business expansion or acquisitions is referred to as the “Approved Funding Requirements”.
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Budget Matters. The making of any payments or the incurrence of expenses (individually or in the aggregate) on any line item in excess of 10% of the weekly budgeted amount for such line item listed in the Approved Budget for the relevant week, which is not cured within 5 days. For removal of any doubt, all expenses previously budgeted in prior periods for a particular line item may be paid in any future period on a line item by line item basis; or

Related to Budget Matters

  • Year 2000 Matters Any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer systems and other equipment containing embedded microchips, in either case owned or operated by the Borrower or any of its Subsidiaries or used or relied upon in the conduct of their business (including any such systems and other equipment supplied by others or with which the computer systems of the Borrower or any of its Subsidiaries interface), and the testing of all such systems and other equipment as so reprogrammed, will be completed by March 31, 1999. The costs to the Borrower and its Subsidiaries that have not been incurred as of the date hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Borrower and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue for the term of this Agreement to be, sufficient for the conduct of their business as currently conducted.

  • FDA Matters (a) The Corporation has (i) complied in all material respects with all applicable laws, regulations and specifications with respect to the manufacture, design, sale, storing, labeling, testing, distribution, inspection, promotion and marketing of all of the Corporation’s products and product candidates and the operation of manufacturing facilities promulgated by the U.S. Food and Drug Administration (the “FDA”) or any corollary entity in any other jurisdiction and (ii) conducted, and in the case of any clinical trials conducted on its behalf, caused to be conducted, all of its clinical trials with reasonable care and in compliance in all material respects with all applicable laws and the stated protocols for such clinical trials.

  • Transitional Matters (a) From and after Closing, Sellers shall retain full right and authority to use, enforce, pursue remedies and take actions with respect to any of the Excluded Assets.

  • Operational Matters 7.1 The LGB shall comply with the obligations set out in Appendix 2 which deals with the day-to-day operation of, and delegation of responsibilities to, the LGB.

  • Litigation and Related Matters The commencement of, or any material development in, any action, suit, proceeding or investigation affecting the Borrower or any of its Subsidiaries or any of their respective properties before any arbitrator or Governmental Authority, (i) in which the amount involved that the Borrower reasonably determines is not covered by insurance or other indemnity arrangement is $50,000,000 or more, (ii) with respect to any Document or any material Indebtedness or preferred stock of the Borrower or any of its Subsidiaries or (iii) which, if determined adversely to the Borrower or any of its Subsidiaries, could reasonably be expected to have a Material Adverse Effect.

  • FINRA Matters All of the information provided to the Underwriters or to counsel for the Underwriters by the Company, its counsel, its officers and directors and the holders of any securities (debt or equity) or options to acquire any securities of the Company in connection with the offering of the Offered Shares is true, complete, correct and compliant with FINRA’s rules and any letters, filings or other supplemental information provided to FINRA pursuant to FINRA Rules or NASD Conduct Rules is true, complete and correct.

  • SEC Matters (a) The Company has timely filed, within the time periods or extensions thereof prescribed under the Securities Act or the Exchange Act, as applicable, and the rules and regulations thereunder, all forms, reports and other documents required to be filed by it with the SEC since June 1, 2010 (collectively, the “Company Reports”). As of their respective dates (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, as of the date so amended, supplemented or superseded), the Company Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act, and the rules and regulations thereunder, and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each of the consolidated balance sheets included in the Company Reports (including the related notes and schedules) fairly presented in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates thereof and each of the consolidated statements of operations, cash flows and stockholders’ equity included in the Company Reports (including any related notes and schedules) fairly presents in all material respects the results of operations, cash flows or changes in stockholders’ equity, as the case may be, of the Company and its Subsidiaries for the periods set forth therein, in each case in accordance with GAAP consistently applied during the periods involved, except, as may be indicated in the notes thereto and, in the case of unaudited statements, for normal year-end audit adjustments. The principal executive officer of the Company and the principal financial officer of the Company (and each former principal executive officer or principal financial officer of the Company) have made the certifications required by Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”), and the rules and regulations of the SEC promulgated thereunder with respect to the Company Reports that were required to be accompanied by such certifications. For purposes of the preceding sentence, “principal executive officer” and “principal financial officer” shall have the meanings given to such terms in the Xxxxxxxx-Xxxxx Act.

  • Certain Interpretive Matters Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.

  • ERISA Matters promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

  • Fiscal Matters a. The School District will provide all required Course Materials (textbooks and electronic materials) and will be billed for applicable Instructional Materials charges embedded in courses requiring electronic materials in accordance with the College respective course agreement.

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