Common use of Forecasts Clause in Contracts

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries furnished to the Lenders have been prepared in good faith by Borrower and based on assumptions believed by Borrower to reasonable (it being understood that forecasts are subject to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized).

Appears in 4 contracts

Samples: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)

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Forecasts. The forecasts of financial performance of Holdings and its subsidiaries Subsidiaries in the financial model furnished to the Lenders have been prepared in good faith by Borrower Holdings and based on assumptions believed by Borrower Holdings to be reasonable (it being understood that forecasts are subject in light of the facts and circumstances known to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized)Holdings at the time of preparation thereof.

Appears in 3 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp), Credit Agreement (Rovi Corp)

Forecasts. The Any forecasts of financial performance of Holdings Borrower and its subsidiaries Subsidiaries furnished to the Lenders prior to the Closing Date have been prepared in good faith by Borrower and based on assumptions believed by Borrower to be reasonable at the time such forecasts are delivered (it being understood that forecasts are subject to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized).

Appears in 3 contracts

Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries furnished to the Lenders have been prepared in good faith by Borrower Borrowers and based on assumptions believed by Borrower Borrowers to reasonable (it being understood that forecasts are subject to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized)reasonable.

Appears in 2 contracts

Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries Subsidiaries furnished to the Lenders pursuant to Section 5.01(f) have been prepared in good faith by Borrower and based on assumptions believed by Borrower to be reasonable at the time furnished (it being understood by the parties that forecasts by their nature are subject to uncertainties inherently uncertain and contingencies are not a guarantee of financial performance and that no representation or warranty is given that any forecast will actual results may differ from forecasts and such differences may be realizedmaterial).

Appears in 2 contracts

Samples: Second Lien Credit Agreement (CPI International Holding Corp.), Credit Agreement (CPI International Holding Corp.)

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries furnished to the Lenders have been prepared in good faith by Borrower Borrowers and based on assumptions believed by Borrower Borrowers to reasonable (it being understood that forecasts are subject to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized)reasonable.

Appears in 1 contract

Samples: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries Subsidiaries on a monthly basis through fiscal year 2011 and annually through fiscal year 2015 furnished to the Lenders have been prepared in good faith by Borrower and based on upon assumptions believed by Borrower to be reasonable (it being understood that forecasts are not to be viewed as facts and are subject to significant uncertainties and contingencies and contingencies, many of which are beyond Borrowers’ control, that no representation or warranty is assurance can be given that any forecast particular forecasts will be realized, that actual results may differ and such differences may be material).

Appears in 1 contract

Samples: Senior Credit Agreement

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Forecasts. The forecasts of financial performance of Holdings and its subsidiaries in the financial model furnished to the Lenders have been prepared in good faith by Borrower Holdings and based on assumptions believed by Borrower Holdings to be reasonable (it being understood that forecasts are subject in light of the facts and circumstances known to uncertainties and contingencies and that no representation or warranty is given that any forecast will be realized)Holdings at the time of preparation thereof.

Appears in 1 contract

Samples: Credit Agreement (Rovi Corp)

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries heretofore furnished to the Lenders have been prepared in good faith by Borrower and based on assumptions believed by Borrower to be reasonable (at the time of delivery of such forecasts and as of the Closing Date, it being understood that actual results may vary from such forecasts are subject to uncertainties and contingencies and that no representation or warranty is given that any forecast will such variations may be realized)material.

Appears in 1 contract

Samples: Credit Agreement (Archipelago Learning, Inc.)

Forecasts. The forecasts of financial performance of Holdings and its subsidiaries Subsidiaries on a monthly basis through Fiscal Year 2011 and annually through Fiscal Year 2015 furnished to the Lenders have been prepared in good faith by Borrower and based on upon assumptions believed by Borrower to be reasonable (it being understood that forecasts are not to be viewed as facts and are subject to significant uncertainties and contingencies and contingencies, many of which are beyond Borrowers’ control, that no representation or warranty is assurance can be given that any forecast particular forecasts will be realized, that actual results may differ and such differences may be material).

Appears in 1 contract

Samples: Revolving Credit Agreement

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