Projected Operating Budget. Within thirty (30) days after the beginning of each fiscal year, commencing with fiscal year 2018, furnish [[Organization B:Organization]] 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.

Co-Promotion Budget. The amount budgeted for each Party’s 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.

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.

Operating Budget Matters. Within [●] days of the Closing Date, the Company and Buyer shall finalize an operating budget for the Surviving Corporation.

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);

Variances From Operating Budget. Furnish [[Organization B:Organization]], concurrently with the delivery of the financial statements referred to in [Sections 9.7, 9.8 and 9.9]9]9], a written report summarizing all material variances from budgets submitted by [[Organization A:Organization]] pursuant to [Section 9.12] and a discussion and analysis by management with respect to such variances.

Company shall make payments in advance to Penn in accordance with the payment schedule set forth in the Budget.

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.

“DIP Liens” has the meaning defined in the DIP Order.

“DIP Debtors” means the “Debtors” as defined in the DIP Order.