“DIP Budget” means the “Approved DIP Budget” as defined in the New Money DIP Note Purchase Agreement in effect as of the Effective Date or that may be in effect at any time prior to the Closing.
Budget. Before the commencement of construction of the Tenant Improvements, Tenant shall deliver to Landlord a detailed breakdown by trade of the costs incurred or that will be incurred in connection with the design and construction of the Tenant Improvements and the estimated payment schedule for such costs, which Tenant shall update at least monthly (the most recent such budget, the Budget).
Budget. The Project Budget accurately reflects all Total Project Related Costs. Upon the making of the Additional Advances requested in ’s Advance Request in the manner set forth therein, all materials and labor theretofore supplied or performed in connection with the Property will have been paid for in full (subject to the Retainage).
Budget. As soon as available and in any event within 65 days after the beginning of the Borrowers fiscal years, the Borrower will deliver a Budget of the Borrower and its consolidated Subsidiaries for such fiscal year.
make, commit to make or incur any Liability for capital expenditures except to the extent permitted by the DIP Documents (as defined in the DIP Order) or the DIP Budget;
subject to the terms of the Final DIP Order, any and all funds remaining under the Carve-Out or the wind-down budget attached as [Exhibit A-11]1]] to [Schedule 3.1(a)] (the “Wind-Down Budget”) after of obligations from such amounts permitted under the DIP Order and such Wind-Down Budget; and
Reference is made to the Intercreditor Agreement dated as of , among General Electric Capital Corporation, as North America ABL Agent; Wilmington Trust, National Association, as Notes Collateral Trustee; Real Alloy Intermediate Holding, LLC; the Issuer; and the Guarantors from time to time party thereto, as it may be amended from time to time in accordance with the Indenture (the “Intercreditor Agreement”), the DIP Order and the DIP Documents. Each Holder, by its acceptance of a Note, # consents to the subordination of Liens provided for in the Intercreditor Agreement (as modified by the DIP Order) and the terms, conditions, rights and priorities set forth in the DIP Order and DIP Documents, # agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement (as modified by the DIP Order), the DIP Order and the DIP Documents and # authorizes and instructs the Trustee and the Notes Collateral Trustee to enter into the DIP Documents, as applicable, as Trustee and Notes Collateral Trustee, respectively, and on behalf of such Holder. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with a provision of the DIP Order or DIP Documents, such provision of the DIP Order or DIP Documents shall control. The foregoing provisions are intended as an inducement to the holders of Lenders Debt, New Money DIP Notes, and Roll-Up Notes to extend credit and such holders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement (as modified by the DIP Order), DIP Order and DIP Documents.
Operating Budget Matters. Within [●] days of the Closing Date, the Company and Buyer shall finalize an operating budget for the Surviving Corporation.
Compliance with Budget. Measured as of the last day of each week, Loan Parties will not permit aggregate expenditures (other than with respect to “Extraordinary Professional Fees” as identified in the Budget) for the four-week period then ended to exceed 105% of the amounts set forth in the Budget for such period; provided, that, for the purposes of determining Loan Parties' compliance with this Section, payments made by Loan Parties in compliance with [Section 8.2] of this Agreement and amounts remitted pursuant to [Section 5.6] of this Agreement shall be disregarded to the extent such payments exceed the amounts set forth in the Budget.
Co-Promotion Budget. The amount budgeted for each Partys Co-Promotion activities in each Joint Commercialization Budget will be consistent with the Co-Promotion activities assigned to such Party pursuant to the Joint Commercialization Plan.
Projected Operating Budget. Within thirty (30) days after the beginning of each fiscal year, commencing with fiscal year , furnish a month by month projected operating budget and cash flow of Castle and its Subsidiaries on a consolidated and consolidating basis for such fiscal year (including an income statement for each month and a balance sheet as at the end of the last month in each fiscal quarter), such projections to be accompanied by a certificate signed by the President, Chief Financial Officer or other Authorized Officer of each Borrower to the effect that such projections have been prepared on the basis of sound financial planning practice consistent with past budgets and financial statements and that such officer has no reason to question the reasonableness of any material assumptions on which such projections were prepared.
without duplication of the amounts set forth in [Schedule 3.1(a)], all postpetition accrued, unpaid administrative claims (subject, in the case of any fees or expenses of any professionals retained in these Chapter 11 Cases, to court approval thereof) of the type included in the Approved Budget incurred by the DIP Debtors postpetition in the Ordinary Course of Business and not in contravention of any other terms of the DIP Order (for the avoidance of doubt, the foregoing shall not include any claim entitled to priority under section 503(b)(9) of the Bankruptcy Code);
Business Plan and Budget. As soon as available, but in any event within ninety (90) days after the end of each fiscal year of the Borrower, an annual business plan and budget of the Borrower and its Subsidiaries on a Consolidated basis, including forecasts prepared by management of the Borrower, in form satisfactory to the Administrative Agent and the Required Lenders, of Consolidated balance sheets and statements of income or operations and cash flows of the Borrower and its Subsidiaries on a monthly basis for the immediately following fiscal year; provided, that to the extent such plan and forecast material changes over the course of a fiscal year, the Borrower shall furnish to the Administrative Agent and the Lender an updated version of such annual business plan and budget outlining a summary of the changes.
Company shall make payments in advance to Penn in accordance with the payment schedule set forth in the Budget.
Variances From Operating Budget. Furnish , concurrently with the delivery of the financial statements referred to in [[Sections 9.7, 9.8 and 9.9]9]9]]9]9], a written report summarizing all material variances from budgets submitted by pursuant to [Section 9.12] and a discussion and analysis by management with respect to such variances.
“DIP Liens” has the meaning defined in the DIP Order.
“DIP Debtors” means the “Debtors” as defined in the DIP Order.
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