Common use of Annual Financial Plans Clause in Contracts

Annual Financial Plans. As soon as practicable and in any event within sixty (60) days after the end of each fiscal year, a Consolidated budget and cash flow projections prepared on a monthly basis of the Borrower and its Consolidated Subsidiaries for the following fiscal year, in form and detail reasonably acceptable to the Administrative Agent and the Required Lenders, such budget to be prepared by the Borrower in a manner consistent with GAAP and to include an operating and capital budget, a summary of the material assumptions made in the preparation of such budget. Such budget shall be accompanied by a certificate of the managing partner or chief financial officer of the Borrower to the effect that the budgets and other financial data are based on reasonable estimates and assumptions, all of which are fair in light of the conditions which existed at the time the budget was made, have been prepared on the basis of the assumptions stated therein, and reflect, as of the time so furnished, the reasonable estimate of the Borrower and its Consolidated Subsidiaries of the budgeted results of the operations and other information budgeted therein; all such financial statements to fairly present in all material respects the financial condition and results from operations of the entities and for the periods specified and to be prepared in reasonable detail and in accordance with GAAP (subject, in the case of interim statements, to normal recurring year‑end audit adjustments and the absence of footnotes) applied consistently throughout the periods reflected therein and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change in the application of accounting principles as provided in Section 1.3. Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically and if so, shall be deemed to have been delivered on the date (i) on which the Borrower files such documents with the SEC, (ii) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address xxxx://xxx.xxxx.xxx, (iii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iv) on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided, that, in the cases of (i), (ii) and (iii) above, the Borrower shall notify the Administrative Agent (by fax or electronic mail) of the posting of any such documents and provide the Administrative Agent by electronic mail electronic versions of such documents and, provided, further, that at the Administrative Agent’s request the Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Financial Plans. As soon as practicable and in any event within sixty thirty (6030) days after the end of each fiscal year, a Consolidated budget and cash flow projections prepared on a monthly basis of the Borrower and its Consolidated Subsidiaries for the following fiscal year, in form and detail reasonably acceptable to the Administrative Agent and the Required LendersPurchasers, such budget to be prepared by the Borrower in a manner consistent with GAAP and to include an operating and capital budget, a summary of the material assumptions made in the preparation of such budget. Such budget shall be accompanied by a certificate of the managing partner or chief financial officer of the Borrower to the effect that the budgets and other financial data are based on reasonable estimates and assumptions, all of which are fair in light of the conditions which existed at the time the budget was made, have been prepared on the basis of the assumptions stated therein, and reflect, as of the time so furnished, the reasonable estimate of the Borrower and its Consolidated Subsidiaries of the budgeted results of the operations and other information budgeted therein; all such financial statements to fairly present in all material respects the financial condition and results from operations of the entities and for the periods specified and to be prepared in reasonable detail and in accordance with GAAP (subject, in the case of interim statements, to normal recurring year‑end year end audit adjustments and the absence of footnotes) applied consistently throughout the periods reflected therein and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change in the application of accounting principles as provided in Section 1.3. Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically and if so, shall be deemed to have been delivered on the date (i) on which the Borrower files such documents with the SEC, (ii) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address xxxx://xxx.xxxx.xxx, (iii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iv) on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided, that, in the cases of (i), (ii) and (iii) above, the Borrower shall notify the Administrative Agent (by fax or electronic mail) of the posting of any such documents and provide the Administrative Agent by electronic mail electronic versions of such documents and, provided, further, that at the Administrative Agent’s request the Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Financial Plans. As soon as practicable and in any event within sixty thirty (6030) days after the end of each fiscal year, a Consolidated budget and cash flow projections prepared on a monthly basis of the Borrower and its Consolidated Subsidiaries for the following fiscal year, in form and detail reasonably acceptable to the Administrative Agent and the Required Lenders, such budget to be prepared by the Borrower in a manner consistent with GAAP and to include an operating and capital budget, a summary of the material assumptions made in the preparation of such budget. Such budget shall be accompanied by a certificate of the managing partner or chief financial officer of the Borrower to the effect that the budgets and other financial data are based on reasonable estimates and assumptions, all of which are fair in light of the conditions which existed at the time the budget was made, have been prepared on the basis of the assumptions stated therein, and reflect, as of the time so furnished, the reasonable estimate of the Borrower and its Consolidated Subsidiaries of the budgeted results of the operations and other information budgeted therein; all such financial statements to fairly present in all material respects the financial condition and results from operations of the entities and for the periods specified and to be prepared in reasonable detail and in accordance with GAAP (subject, in the case of interim statements, to normal recurring year‑end year-end audit adjustments and the absence of footnotes) applied consistently throughout the periods reflected therein and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change in the application of accounting principles as provided in Section 1.3. Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically and if so, shall be deemed to have been delivered on the date (i) on which the Borrower files such documents with the SEC, (ii) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address xxxx://xxx.xxxx.xxx, (iii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iv) on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided, that, in the cases of (i), (ii) and (iii) above, the Borrower shall notify the Administrative Agent (by fax or electronic mail) of the posting of any such documents and provide the Administrative Agent by electronic mail electronic versions of such documents and, provided, further, that at the Administrative Agent’s request the Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Financial Plans. As soon as practicable and in any event within sixty forty-five (6045) days after the end of each fiscal year, a Consolidated and consolidating budget and cash flow projections prepared on a monthly quarterly basis of the Borrower and its Consolidated Subsidiaries for the following such fiscal year, in form and detail reasonably acceptable to the Administrative Agent and the Required LendersAgent, such budget to be prepared by the Borrower in a manner consistent with GAAP and to include an operating and capital budget, a summary of the material assumptions made in the preparation of such budget. Such budget shall be accompanied by a certificate of the managing partner or chief financial officer of the Borrower to the effect that the budgets budget and other financial data are based on reasonable estimates and assumptions, all of which are fair in light of the conditions which existed at the time the budget was made, have been prepared on the basis of the assumptions stated therein, and reflect, as of the time so furnished, the reasonable estimate of the Borrower and its Consolidated Subsidiaries of the budgeted results of the operations and other information budgeted thereintherein (it being understood that the projections contained in such budget and other financial data are subject to significant uncertainties and contingencies, many of which are beyond the control of the Borrower and its Subsidiaries and that no assurance is given by the Borrower and its Subsidiaries that such projections will be realized); all such financial statements to fairly present in all material respects the financial condition and results from operations of the entities and for the periods specified and to be prepared in reasonable detail and in accordance with GAAP (subject, in the case of interim statements, to normal recurring year‑end year-end audit adjustments and the absence of footnotes) applied consistently throughout the periods reflected therein therein. Reports and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change in the application of accounting principles as provided in Section 1.3. Notwithstanding the foregoing, financial statements and reports documents (but not certificates) required to be delivered pursuant to the foregoing provisions of this Section Sections 5.1 and 5.2 may be delivered electronically and if so, shall be deemed to have been delivered on the date (i) on which the Borrower files such documents with the SEC, (ii) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address xxxx://xxx.xxxx.xxx, (iii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iv) on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided, that, in the cases of (i), (ii) and (iii) above, the Borrower shall notify the Administrative Agent (by fax or electronic mail) of the posting of any such documents and provide the Administrative Agent by electronic mail electronic versions of such documents and, provided, further, that at the Administrative Agent’s request the Borrower shall provide paper copies of any documents required hereby to the Administrative Agentelectronically.