Common use of Financial Plan Clause in Contracts

Financial Plan. As soon as practicable and in any event no later than November 30th of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 through the final maturity date of the Notes, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Notes, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor and accompanied by a Financial Officer Certificate certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereof;

Appears in 3 contracts

Sources: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Financial Plan. As soon as practicable and in any event no later than November 30th the first day of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each month Fiscal Month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.7 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Agent and accompanied by a Financial Officer Certificate certificate from the chief financial officer of Holdings certifying that the projections contained therein are based upon good faith estimates and assumptions believed by Holdings to be reasonable at the time made and at the time of delivery thereof;

Appears in 2 contracts

Sources: Credit Agreement (Handleman Co /Mi/), Credit Agreement (Handleman Co /Mi/)

Financial Plan. As soon as practicable and in any event no later than November 30th of each Fiscal Year, Year (x) starting with the Annual Capital Budget for the following Fiscal Year and (y) ending December 31, 2021), a consolidated budget, plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date Maturity Date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties Borrower and its consolidated Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Borrower and its consolidated Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating of projected compliance with the requirements of Section 7.6 6.7 through the final maturity date Maturity Date of the NotesLoans, and (iv) forecasts demonstrating adequate of liquidity through the final maturity date Maturity Date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Administrative Agent and accompanied by a Financial Officer Certificate Certification certifying that the projections Projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereof;.

Appears in 2 contracts

Sources: Credit Agreement, Term Loan Credit Agreement

Financial Plan. As soon as practicable and in any event no later than November 30th the first day of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each month Fiscal Month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.7 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Agents and accompanied by a Financial Officer Certificate certificate from the chief financial officer of Holdings certifying that the projections contained therein are based upon good faith estimates and assumptions believed by Holdings to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Handleman Co /Mi/)

Financial Plan. As soon as practicable and in any event no later than November 30th sixty (60) days prior to the beginning of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of the Note Parties Company and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Company and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.7 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Agents and accompanied by a Financial Officer Certificate certificate from the chief financial officer of Company certifying that the projections contained therein are based upon good faith estimates and assumptions believed by Company to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Financial Plan. As soon as practicable and in any event no later than November 30th of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 7.7 through the final maturity date of the Notes, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Notes, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor and accompanied by a Financial Officer Certificate certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

Sources: Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Financial Plan. As soon as practicable and in any event no later than November 30th of each Fiscal Year, Year (x) starting with the Annual Capital Budget for the following Fiscal Year and (y) ending December 31, 2019), a consolidated budget, plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties Borrower and its consolidated Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Borrower and its consolidated Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating of projected compliance with the requirements of Section 7.6 6.7 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate of liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Administrative Agent and accompanied by a Financial Officer Certificate Certification certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereof;.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Viking Energy Group, Inc.)

Financial Plan. As soon as practicable and in any event no later than November 30th March 1st of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties Issuer and its consolidated Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Issuer and its consolidated Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 7.7 through the final maturity date of the Notes, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Notes, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Administrative Agent and accompanied by a Financial Officer Certificate certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

Sources: Note Purchase Agreement (Osage Exploration & Development Inc)

Financial Plan. As soon as practicable and in any event no later than November 30th thirty (30) days after the beginning of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of the Note Parties Company and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Company and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.7 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor Requisite Lenders and accompanied by a Financial Officer Certificate certificate from the chief financial officer of the Company certifying that the projections contained therein are based upon good faith estimates and assumptions believed by the Company to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Castle a M & Co)

Financial Plan. As soon as practicable and in any event no later than November 30th thirty days prior to the beginning of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Term Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each such Fiscal Year, together with an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.8 through the final maturity date of the NotesTerm Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesTerm Loans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to the Lead Investor and accompanied by a Financial Officer Certificate certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereofAgents;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vertex Energy Inc.)

Financial Plan. As soon as practicable and in any event no later than November 30th thirty days prior to the beginning of each Fiscal Year, (x) the Annual Capital Budget for the following Fiscal Year and (y) a consolidated plan and financial forecast for the following such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Notes Loans (a “Financial Plan”), including (i) a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of the assumptions on which such forecasts are based, (ii) forecasted consolidated statements of income and cash flows of the Note Parties Holdings and its Subsidiaries for each month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 7.6 6.8 through the final maturity date of the NotesLoans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the NotesLoans, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agents; notwithstanding the Lead Investor foregoing, it is understood and accompanied by a agreed that with respect to the Fiscal Year ending December 31, 2017, the Projections shall constitute the Financial Officer Certificate certifying that the projections contained therein are based upon good faith estimates and assumptions believed to be reasonable at the time made and at the time of delivery thereofPlan for such year;

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)