SECTION #Change in Fiscal Year. No Loan Party will make any significant change in accounting treatment or reporting practices, except as required or permitted by GAAP, or change its Fiscal Year (except to conform with the Fiscal Year of the Borrower) without the consent of the Required Lenders.

financial projections of the Borrower and its Subsidiaries (to be made on a pro forma basis after giving effect to the consummation of the Related Transactions) for the Fiscal Year ending December 31, 2022 and for each Fiscal Year ending thereafter through the Fiscal Year ending December 31, 2025;

Bonus. During the Period of Employment, the Executive will be entitled to participate in a cash bonus program. For any fiscal year of the Company that occurs during the Period of Employment, the bonus program for such fiscal year will be based on certain financial, operational, or other metrics or goals, and may include a component based on the Executive’s individual performance and contributions to the Company, all as determined by the Board (or a committee thereof) in its sole discretion. The Executive’s target bonus for a fiscal year (commencing with fiscal year 2018) shall be 100% of the Executive’s Base Salary for such fiscal year, with the Executive’s actual bonus for any year to be determined by the Board (or a committee thereof). The Executive’s bonus (if any) for a particular fiscal year shall be paid not later than two and one-half months following the end of that fiscal year. Except as otherwise expressly provided in Section 3, the Executive must be employed by the Company on the date that the Company actually pays bonuses under such program for a particular fiscal year in order to be considered for and to have earned his bonus (if any) for such fiscal year.

. Make any change in fiscal year; provided, however, that Holdings and any Borrower may, upon written notice to the Administrative Agent, change their fiscal year to any other fiscal year reasonably acceptable to the Administrative Agent, in which case, Holdings and the Borrowers and the Administrative Agent will, and are hereby authorized by the ​ to, make any adjustments to this Agreement that are necessary to reflect such change in fiscal year.

“Plan Year” shall mean the Company’s fiscal year.

as soon as available and in any event within 105 days after the end of each fiscal year of the Company commencing with fiscal year 2016 of the Company, certificates as to compliance with the terms of this Agreement which are otherwise provided under [clause (i) above] at the end of each fiscal quarter other than the last fiscal quarter of the fiscal year and a copy of the annual report for such year for the Company, containing audited financial statements for such year reported on by Ernst & Young LLP or other independent public accountants of recognized national standing;

the [[Organization A:Organization]] may make and declare # regularly scheduled, board approved, dividend payments in amounts up to # $75,000,000 during its fiscal year ended June 28, 2017, # $82,500,000 during its fiscal year ended June 27, 2018, # $90,000,000 during its fiscal year ended June 26, 2019, # $97,500,000 during its fiscal year ended June 24, 2020 and # $105,000,000 during its fiscal year ended June 30, 2021; # additional Restricted Payments in an amount of up to $125,000,000 during each fiscal year; and # any other Restricted Payments in unlimited amounts so long as after giving effect to the Restricted Payments (and any related Borrowing or other incurrence of Debt) the Debt to Cash Flow Ratio is equal to or less than 3.75 to 1.00 on a pro forma basis.

Newco shall have the right, twice each Fiscal Year, to perform a complete audit of the books and records of Crestwood Midstream and its Affiliates relating to the Services and the direct and indirect costs thereof, after giving written notice at least fifteen (15) Business Days in advance of the proposed audit. The audit may cover the two (2) Fiscal Years preceding the then current Fiscal Year. In the absence of a claim for adjustment, the audit rights with respect to any Fiscal Year shall terminate on and as of the last day of the second Fiscal Year immediately following the year in question and the bills and statements rendered for the Fiscal Year in question shall be conclusively established as correct.

“Renewable Electricity Target” means, with respect to any fiscal year, the Renewable Electricity Target for such fiscal year as set forth in the Sustainability Table.

No later than thirty (30) days before the start of Company’s fiscal year, financial projections for the next fiscal year approved by Company’s Board of Directors.