Example ContractsClausesFinancial Plan
Financial Plan
Financial Plan contract clause examples

Financial Plan. As soon as practicable and in any event no later than thirty (30) days after the 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 Notes (a “Financial Plan”), including # a forecasted consolidated balance sheet and forecasted consolidated statements of income and cash flows of 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, # forecasted consolidated statements of income and cash flows of Company and its Subsidiaries for each month of each such Fiscal Year, # forecasts demonstrating projected compliance with the requirements of Section 6.8 through the final maturity date of the Notes, and # 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 Collateral Agent;

Financial Plan. As soon as available and in any event no later than 90 days after the beginning of each Fiscal Year, an annual operating budget prepared by management of the Administrative Borrower for such Fiscal Year; it being understood that the first annual operating budget required hereunder shall be the annual operating budget for the Fiscal Year ending on December 31, 2023, which shall be required to be delivered on or before April 2, 2023;

Annual Business Plan and Financial Projections. As soon as practicable and in any event within sixty (60) days after the end of each Fiscal Year, a business plan of the Borrower and its Subsidiaries for the ensuing four (4) fiscal quarters, such plan to be prepared in accordance with GAAP to the extent applicable and to include, on a quarterly basis, the following: a quarterly operating and capital budget, a projected income statement, statement of cash flows and balance sheet and a report containing management’s discussion and analysis of such projections, accompanied by a certificate from a Responsible Officer of the Borrower to the effect that, to such officer’s knowledge, such projections are good faith estimates (utilizing reasonable assumptions) of the financial condition and operations of the Borrower and its Subsidiaries for such four (4) quarter period.

Plan. The Award granted hereunder is subject to the terms and provisions of the Plan, including without limitation, [Article 14(a)] thereof. The Award constitutes Restricted Stock Units pursuant to [Section 8] of the Plan.

Plan. The terms and provisions of the Plan are incorporated herein by reference. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Restricted Stock Unit Agreement (including the Grant Notice), the Plan shall govern and control.

Financial Plan. As soon as available and in any event no later than 90 days after the beginning of each Fiscal Year, an annual operating budget prepared by management of the Administrative Borrower for such Fiscal Year; it being understood that the first annual operating budget required hereunder shall be the annual operating budget for the Fiscal Year ending on December 31, 2018, which shall be required to be delivered on or before April 2, 2018;

Pro Forma Balance Sheet; Financial Statements; Financial Plan; Financial Performance Projections. The Lenders shall have received # the unaudited pro forma consolidated balance sheet of the Parent and its consolidated Subsidiaries (the “Pro Forma Balance Sheet”), certified by the Parent as having been prepared giving effect (as if such events had occurred on such date) to # the loans to be made under the Term Facility on the Closing Date and the use of the proceeds thereof, and # the payment of fees and expenses in connection with the foregoing; # the financial statements of the Parent and its Subsidiaries referred to in [Section 5.01], and # Financial Performance Projections for the first year following the Closing Date and for each year thereafter through the Fiscal Year ending on or around February 4, 2023. The Pro Forma Balance Sheet shall have been prepared based upon the best information available to the Parent as of the date of delivery thereof, and present fairly in all material respects on a pro forma basis the estimated financial position of the Parent and its consolidated Subsidiaries as at the end of the fiscal quarter ending August 4, 2018, assuming that the events specified in the preceding sentence had actually occurred at such date, and shall be so certified by the Parent. The Agent shall have received and be reasonably satisfied with the business plan and capital structure of the Borrower and the Guarantors.

Financial Plan. As soon as practicable and in any event no later than 90 days after the beginning of each Fiscal Year, a monthly consolidated and consolidating plan and financial forecast for such Fiscal Year (a “Financial Plan”), including a forecasted consolidated balance sheet and forecasted consolidated and consolidating statements of income and consolidated statement of cash flows of Holdings and its Subsidiaries for 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;

Pro Forma Balance Sheet; Financial Statements; Financial Plan; Financial Performance Projections. The Lenders shall have received # the unaudited pro forma consolidated balance sheet of the Parent and its consolidated Subsidiaries (the “Pro Forma Balance Sheet”), certified by the Parent as having been prepared giving effect (as if such events had occurred on such date) to # the Term Loans to be made hereunder on the Closing Date and the use of the proceeds thereof, and # the payment of fees and expenses in connection with the foregoing; # the financial statements of the Parent and its Subsidiaries referred to in Section 5.01, and # Financial Performance Projections for the first year following the Closing Date and for each year thereafter through Fiscal Year ending February 4, 2023. The Pro Forma Balance Sheet shall have been prepared based upon the best information available to the Parent as of the date of delivery thereof, and present fairly in all material respects on a pro forma basis the estimated financial position of the Parent and its consolidated Subsidiaries as at the end of the fiscal quarter ending August 4, 2018, assuming that the events specified in the preceding sentence had actually occurred at such date, and shall be so certified by the Parent. The Agent shall have received and be reasonably satisfied with the business plan and capital structure of the Borrower and the Guarantors.

Plan. This Agreement is made under and subject to the provisions of the Plan, and all of the provisions of the Plan that do not conflict with this Agreement are also provisions of this Agreement. If there is a difference or conflict between the provisions of this Agreement and the provisions of the Plan, the provisions of this Agreement will govern. By signing this Agreement, the Grantee confirms that he or she has received a copy of the Plan.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.