Common use of Annual Operating Budget and Cash Flow Clause in Contracts

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to the end of each fiscal year (including the fiscal year ending December 31, 2010), a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company through electronic mail; provided that, upon the Administrative Agent’s request, the Company shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to the end of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall to be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-year end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP the application of accounting principles as provided in Section 1.3(b)1.3. Notwithstanding the foregoing, financial statements Reports and reports documents required to be delivered to the Lenders pursuant to the foregoing provisions of this Section may be delivered electronically Sections 5.1 and if so, 5.2 shall be deemed delivered upon the delivery of such reports and documents electronically to have been delivered on the date on which the Administrative Agent receives in a format that will allow such reports from and documents to be posted to Intralinks or other electronic medium accessible to the Company through electronic mail; provided that, upon Lenders and reasonably acceptable to the Administrative Agent’s request, or, in the case of materials filed and reasonably accessible to the Lenders and the Administrative Agent with the SEC, upon notice to the Administrative Agent of such filing; provided, that if any Lender shall request a printed copy of any such report or document, the Company shall promptly provide paper such printed copies of any documents required hereby to the Administrative Agentsuch Lender.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Borrower and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly monthly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete to fairly present the financial condition of the Borrower and correct its Subsidiaries in all material respects accordance with GAAP (subject, in the case of interim statements, to normal recurring year-end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP the application of accounting principles as provided in Section 1.3(b)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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty sixty (3060) days prior to after the end of each fiscal year (including year, beginning with the fiscal year ending December 31, 2010)2019, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Borrower and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly monthly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to after the end of each fiscal year (including or such later date that is up to ten (10) Business Days thereafter as may be agreed by the fiscal year ending December 31, 2010Administrative Agent), a copy of the detailed annual operating budget or business plan approved by management of the Borrower including cash flow projections of the Company Borrower and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all any such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b)1.4(b) (subject, in the case of interim statements, to normal recurring year-end audit adjustments and the absence of footnotes) and, in the case of the annual and quarterly financial statements, provided in accordance with Section 5.1(a) and (b) above. Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically through Electronic Transmission and if so, shall be deemed to have been delivered on the date on which the Administrative Agent receives such reports from the Company Borrower through electronic mailElectronic Transmission; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty forty five (3045) days prior to after the end of each fiscal year (including the fiscal year ending December 31ended February 29, 20102011), a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly monthly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end year‑end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company through electronic mail; provided that, upon the Administrative Agent’s 's request, the Company shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty Within ninety (3090) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 20102016), a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP applied consistently throughout the periods reflected therein with changes required or permitted by GAAP and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a material change, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company through electronic mail; provided that, upon the Administrative Agent’s request, the Company shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to after the end of each fiscal year (including year, beginning with the fiscal year ending December 31, 2010)2018, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Borrower and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly monthly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to the end of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall to be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-year end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP the application of accounting principles as provided in Section 1.3(b)1.3. Notwithstanding the foregoing, financial statements Reports and reports documents required to be delivered to the Lenders pursuant to the foregoing provisions of this Section may be delivered electronically Sections 5.1 and if so, 5.2 shall be deemed delivered upon the delivery of such reports and documents electronically to have been delivered on the date on which the Administrative Agent receives in a format that will allow such reports from and documents to be posted to Intralinks or other electronic medium accessible to the Company through electronic mail; provided that, upon Lenders and reasonably acceptable to the Administrative Agent’s request; provided, that if any Lender shall request a printed copy of any such report or document, the Company shall promptly provide paper such printed copies of any documents required hereby to the Administrative Agentsuch Lender.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty not later than the earlier of (30i) ninety (90) days prior to after the end of each fiscal year and (including ii) approval by the fiscal year ending December 31, 2010), a copy Board of Directors of the detailed Borrower, projected annual operating budget or plan including cash flow projections Consolidated balance sheets and statements of income of the Company Borrower and its Consolidated Subsidiaries for the next four immediately succeeding fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or planyear; all such annual and quarterly financial statements to be delivered pursuant to Section 5.1(a) and (b) shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). Notwithstanding the foregoing, financial statements and reports the documents 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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty sixty (3060) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Parent and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects and be prepared in reasonable detail and, in the case of the annual and quarterly financial statements, provided in accordance with subsections (a) and (b) above, in accordance with GAAP (subject, in the case of interim statements, to normal recurring year-end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty Within ninety (3090) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 20102012), a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end year‑end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP applied consistently throughout the periods reflected therein with changes required or permitted by GAAP and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a material change, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company through electronic mail; provided that, upon the Administrative Agent’s request, the Company shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty Within ninety (3090) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 2010), a copy of the detailed annual operating budget or plan including cash flow projections of the Company and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end year‑end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP applied consistently throughout the periods reflected therein with changes required or permitted by GAAP and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a material change, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company through electronic mail; provided that, upon the Administrative Agent’s request, the Company shall provide paper copies of any documents required hereby to the Administrative Agent.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty (30) days prior to the end not later than December 31 of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Borrower and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall to be complete and correct in all material respects (subject, in the case of interim statements, to normal recurring year-end audit adjustments) and to be prepared in reasonable detail and, in the case of the annual, annual and quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (cb) above, in accordance with GAAP 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, if any, in GAAP the application of accounting principles as provided in Section 1.3(b)1.3. Notwithstanding the foregoing, financial statements Reports and reports documents required to be delivered to the Lenders pursuant to the foregoing provisions of this Section may be delivered electronically Sections 5.1 and if so, 5.2 shall be deemed delivered upon the delivery of such reports and documents electronically to have been delivered on the date on which the Administrative Agent receives in a format that will allow such reports from and documents to be posted to Intralinks, Syndtrak or other electronic medium accessible to the Company through electronic mail; provided that, upon the Administrative Agent’s request, the Company shall provide paper copies of any documents required hereby Lenders and reasonably acceptable to the Administrative Agent; provided, that if any Lender shall request a printed copy of any such report or document, the Borrower shall promptly provide such printed copies to such Lender.

Annual Operating Budget and Cash Flow. As soon as available, but in any event within thirty sixty (3060) days prior to after the end of each fiscal year (including the fiscal year ending December 31, 2010)year, a copy of the detailed annual operating budget or plan including cash flow projections of the Company Parent and its Subsidiaries for the next four fiscal quarter period prepared on a quarterly basis, in form and detail reasonably acceptable to the Administrative Agent and the Lenders, together with a summary of the material assumptions made in the preparation of such annual budget or plan; all such financial statements shall be complete and correct in all material respects and be prepared in reasonable detail and, in the case of the annual and quarterly financial statements, provided in accordance with subsections (a) and (b) above, in accordance with GAAP (subject, in the case of interim statements, to normal recurring year-end year‑end audit adjustmentsadjustments and the absence of footnotes) and to be prepared in reasonable detail and, in the case of the annual, quarterly and monthly financial statements provided in accordance with subsections (a), (b) and (c) above, in accordance with GAAP 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, if any, in GAAP as provided in Section 1.3(b). 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 on which the Administrative Agent receives such reports from the Company Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Company Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.