“Fiscal Year” means the fiscal year of the Borrower and its Subsidiaries ending on December 31.

in place at fiscal year-end compared to the actual revenues generated in that fiscal year);

(a) $25.0 million in any fiscal year (with any unused amounts in any fiscal year being carried over to the next three succeeding fiscal years); plus

“Greenhouse Gas Emissions Reduction Applicable Fee Adjustment Amount” means, with respect to any fiscal year commencing with the fiscal year ending May 30, 2021, # positive 0.50 basis points, if the Greenhouse Gas Emissions Reduction for such fiscal year as set forth in the applicable KPI Metrics Report is less than the Greenhouse Gas Emissions Reduction Target for such fiscal year and # negative 0.50 basis points, if the Greenhouse Gas Emissions Reduction for such fiscal year as set forth in the applicable KPI Metrics Report is more than or equal to Greenhouse Gas Emissions Reduction Target for such fiscal year.

Quarterly Statements — within 60 days after the end of each quarterly fiscal period in each fiscal year of the Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of,

“Excess Cash Flow Period” means each Fiscal Year, commencing with the Fiscal Year ending on December 31, 2020.

References herein to “fiscal year” and “fiscal quarter” refer to such fiscal periods of the Company.

within forty-five (45) days following the end of each fiscal year of the Borrower, commencing with the fiscal year ended December 31, 2021, an annual consolidated business plan and forecasts and budget of the Borrower and its Subsidiaries containing, among other things, summary pro forma financial information for the next fiscal year with respect to each fiscal quarter;

July 1 in any Fiscal Year, provided the Engineering Audit Completion Date occurs on or before June 30 in such Fiscal Year.

As soon as practicable (and in any event within 270 days for fiscal year 2017, 180 days for fiscal year 2018, and ninety (90) days after the end of each subsequent fiscal year), audited Financial Statements for such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the independent certified public accountants of recognized national standing selected by Borrower and reasonably satisfactory to Agent.