Common use of Financial Plan Clause in Contracts

Financial Plan. As soon as practicable and in any event no later than the first day of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 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 Holdings and its Subsidiaries for each Fiscal Month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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

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

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Financial Plan. As soon as practicable and in any event no later than the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Loans, reported on both an annual and monthly basis (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofAgents;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day end of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Term Loan (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings Borrower 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 Holdings Borrower and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, and (iii) forecasts demonstrating projected compliance with other than the requirements of Section 6.7 through Financial Plan to be delivered no later than thirty days after the final maturity date end of the LoansFiscal Year ending December 31, 2022 (which includes the financial forecasts for the Fiscal Years ending December 31, 2023 and (iv) 2024), forecasts demonstrating adequate liquidity through the final maturity date of the LoansTerm Loan, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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 thereofAdministrative Agent;

Appears in 1 contract

Samples: Credit Agreement (Waitr Holdings Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days prior to the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 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 Holdings and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

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

Financial Plan. As soon as practicable and in any event no later than sixty days after the first day end of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Term Loan (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings Parent 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 Holdings Parent and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, and (iii) other than the Financial Plan to be delivered no later than sixty days after the end of the Fiscal Year ending December 31, 2023 (which includes the financial forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Loansdate), and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the LoansTerm Loan, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day end of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Term Loan (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings Parent 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 Holdings Parent and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the LoansTerm Loan, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty (30) days following the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term 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 Intermediate 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 Intermediate Holdings and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Term Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term 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 Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Financial Plan. As soon as practicable and in any event no later than thirty (30) days after the first day end of each Fiscal Year, a consolidated plan and financial forecast and updated model for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Notes (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the LoansNotes, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the LoansNotes, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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 thereofCollateral Agent;

Appears in 1 contract

Samples: Note Purchase Agreement (Catasys, Inc.)

Financial Plan. As soon as practicable and in any event no later than 30 days following the first day approval by the board of each Fiscal Yeardirectors of the Parent Borrower, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Term 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 Holdings Parent Borrower 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 Holdings Parent Borrower and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Term Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the Term Loans, together, in each case, with an explanation of the assumptions on which such forecasts are based based, all in form and substance reasonably satisfactory to Agent Agents. The Parent Borrower shall deliver a Financial Plan prepared by management as soon as practicable and accompanied by a certificate from in any event no later than 60 days following the chief financial officer beginning 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;each Fiscal Year.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loanssuch periods as Company customarily provides such projections (which shall be at least annual projections), and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofService Agent;

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

Financial Plan. As soon as practicable and in any event (A) with respect to Fiscal Year 2022 no later than January 31, 2022, and (B) with respect to each Fiscal Year thereafter, within thirty days prior to the first day beginning of each such Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 Holdings Borrower 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 Holdings Borrower and its Subsidiaries for each Fiscal Month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date forecasted calculations of the Loansratios described in Section 6.08 for such Fiscal Year, and (iv) forecasts demonstrating adequate forecasted calculations of liquidity through the final maturity date of the Loansfor such Fiscal Year, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent the Required Lenders, and accompanied (v) a forecast of Consolidated Fixed Charges, both in the aggregate and of each component item thereof. The first Fiscal Year of each Financial Plan delivered pursuant to this clause (i) will be provided on a by a 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;quarter basis,

Appears in 1 contract

Samples: Credit Agreement (Orbital Energy Group, Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days prior to the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 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 Holdings and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent Agents; notwithstanding the foregoing, it is understood and accompanied by a certificate from agreed that with respect to the chief financial officer of Holdings certifying that Fiscal Year ending December 31, 2018, the projections contained therein are based upon good faith estimates and assumptions believed by Holdings to be reasonable at Projections shall constitute the time made and at the time of delivery thereofFinancial Plan for such year;

Appears in 1 contract

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

Financial Plan. As soon as practicable and in any event no later than thirty days prior to the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year (prepared on a monthly basis) and each Fiscal Year (or portion thereof) through the final maturity date of the 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 Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofRequired Lenders;

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Financial Plan. As soon as practicable and in any event no later than thirty days prior to the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 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 Holdings and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent Agents; notwithstanding the foregoing, it is understood and accompanied by a certificate from agreed that with respect to the chief financial officer of Holdings certifying that Fiscal Year ending December 31, 2017, the projections contained therein are based upon good faith estimates and assumptions believed by Holdings to be reasonable at Projections shall constitute the time made and at the time of delivery thereofFinancial Plan for such year;

Appears in 1 contract

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

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Financial Plan. As soon as practicable and in any event no later than the first last day of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Maturity Date (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings Parent 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 and consolidating statements of income and cash flows of Holdings Parent and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 7.13 through the final maturity date of the LoansMaturity Date, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the LoansMaturity Date, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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;Administrative Agent.

Appears in 1 contract

Samples: Secured Credit Agreement (NXT-Id, Inc.)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans (a “Financial Plan”"FINANCIAL PLAN"), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month Quarter of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with respect to the requirements of financial covenants set forth in Section 6.7 6.8 through the final maturity date of the Loans, Loans and (iv) forecasts demonstrating adequate of liquidity through the final FIRST LIEN CREDIT AGREEMENT EXECUTION 66 maturity date of the 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 Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Financial Plan. As soon as practicable and in any event no later than the first day March 1st of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans Notes (a “Financial Plan”), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings the Issuer and its consolidated 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 Holdings the Issuer and its consolidated Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 7.7 through the final maturity date of the LoansNotes, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the LoansNotes, 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 Administrative Agent and accompanied by a certificate from the chief financial officer of Holdings Financial Officer Certificate 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

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

Financial Plan. As soon as practicable and in any event no later than thirty (30) days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 Holdings the 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 Holdings the Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent the Requisite Lenders and accompanied by a certificate from the chief financial officer of Holdings the Company certifying that the projections contained therein are based upon good faith estimates and assumptions believed by Holdings the Company to be reasonable at the time made and at the time of delivery thereof;

Appears in 1 contract

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

Financial Plan. As soon as practicable and in any event no later than forty-five (45) days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans (a “Financial Plan”"FINANCIAL PLAN"), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Navisite Inc)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans (a “Financial Plan”"FINANCIAL PLAN"), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each quarter of the first two Fiscal Month of Years following the Closing Date, and annually for each such subsequent Fiscal Year, (iii) forecasts demonstrating addressing Company's projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, Loans and (iv) forecasts demonstrating adequate addressing Company's liquidity through the final maturity date of the LoansLoans without giving effect to any additional debt or equity offerings not reflected in the Projections, together, in each case, with an explanation of the assumptions on which such forecasts are based all in form and substance reasonably satisfactory to Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

Financial Plan. As soon as practicable and in any event no later than thirty days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the Loans (a “Financial Plan”"FINANCIAL PLAN"), including (i) a forecasted consolidated and consolidating balance sheet and forecasted consolidated and consolidating statements of income and cash flows of Holdings 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 Holdings Company and its Subsidiaries for each Fiscal Month Quarter of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with respect to the requirements of financial covenants set forth in Section 6.7 6.8 through the final maturity date of the Loans, Loans and (iv) forecasts demonstrating adequate of liquidity through the final maturity date of the 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 Agent and accompanied by a 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 thereofAgents;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Financial Plan. As soon as practicable and in any event no later than thirty (30) days after the first day beginning of each Fiscal Year, a consolidated plan and financial forecast for such Fiscal Year and each Fiscal Year (or portion thereof) through the final maturity date of the 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 Holdings and its Subsidiaries for each such Fiscal Year, together with pro forma Compliance Certificates for each such Fiscal Year and an explanation of including the assumptions on which such forecasts are based, (ii) with respect to each such Fiscal Year, forecasted consolidated statements of income and cash flows of Holdings and its Subsidiaries for each Fiscal Month month of each such Fiscal Year, (iii) forecasts demonstrating projected compliance with the requirements of Section 6.7 6.8 through the final maturity date of the Loans, and (iv) forecasts demonstrating adequate forecasted liquidity through the final maturity date of the Loans, together, in each case, with an explanation of the assumptions on which such forecasts are based based, all in form and substance reasonably satisfactory to Agent and accompanied by a 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;Agents; and

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mortons Restaurant Group Inc)

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