Common use of Annual Operating Budget and Financial Projections Clause in Contracts

Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day of Borrower’s fiscal year, annual operating budgets (including income statements, balance sheets and cash flow statements, by quarter) for the upcoming fiscal year of Borrower;

Appears in 3 contracts

Samples: Loan and Security Agreement (Ignyta, Inc.), Loan and Security Agreement (Ignyta, Inc.), Loan and Security Agreement (Ignyta, Inc.)

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Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of Within thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day of Borrower’s fiscal year, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (ii) annual financial projections for the following fiscal year (on a quarterly basis) as approved by Borrower’s board of directors, together with any related material business forecasts used in the preparation of such annual financial projections; and more frequently with any periodic updates;

Appears in 2 contracts

Samples: Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Spruce Biosciences, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of Within thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day of Borrower’s fiscal year, and within ten (10) Business Days of any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quarter) for the upcoming fiscal year of Borrower;, and (ii) annual financial projections for the following fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections; WEST\295152977.6 253576801 v8

Appears in 1 contract

Samples: Loan and Security Agreement (Ziopharm Oncology Inc)

Annual Operating Budget and Financial Projections. As soon as available, but and in any event no later than 60 days after the earlier end of each fiscal year of Borrower, and within ten (10) days with any updates or amendments thereto, (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day of Borrower’s fiscal year, annual operating budgets (including income statements, balance sheets and cash flow statements, by quarter), and (ii) for annual financial projections (on a quarterly basis), in each case as approved by the upcoming fiscal year Board, together with any related business forecasts used in the preparation of Borrowersuch annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (6d Bytes Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) and in any event within 60 days after the last day of each fiscal year of Borrower’s fiscal year, and contemporaneously with any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming current fiscal year of Borrower, and (ii) annual financial projections for the current fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (DICE Therapeutics, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later than Prior to the earlier of (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day end of each fiscal year of Borrower’s fiscal year, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (ii) annual financial projections for the following fiscal year (on a quarterly basis) as approved by Borrower’s board of directors, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but and in any event no later than 30 days following the earlier of (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day end of Borrower’s fiscal year, and contemporaneously with any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming then-current fiscal year of Borrower, and (ii) annual financial projections for the then-current fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Achieve Life Sciences, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of Within thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day of each fiscal year of Borrower’s fiscal year, and within seven (7) days of any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming then-current fiscal year of Borrower, and (ii) annual financial projections for the then-current fiscal year (on a quarterly basis) as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Axonics, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later not more than the earlier of thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day end of each fiscal year of Borrower’s fiscal year, (A) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (B) annual financial projections for the following fiscal year (on a quarterly basis) as approved by Borrower’s board of directors, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but and no later than 60 days after the earlier end of each fiscal year of Borrower, and within ten (10) days of any updates or amendments thereto, (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day of Borrower’s fiscal year, annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming current fiscal year of Borrower, and (ii) annual financial projections for the current fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Liquidia Corp)

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Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of Within thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day of Borrower’s fiscal year, and within ten (10) days of any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (ii) annual financial projections for the following fiscal year (on a quarterly basis) as approved by Borrower’s board of directors, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Contineum Therapeutics, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no No later than 30 days following the earlier of (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (60) days after the last day end of Borrower’s fiscal year, and within 10 days of any Board-approved with any updates or amendments thereto, (i) annual operating budgets (including cash income statements, balance sheets and cash flow statements, statements by quarter) for the upcoming then-current fiscal year of Borrower, and (ii) annual financial projections for the then-current fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Olema Pharmaceuticals, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later than the earlier of Within thirty (i) seven (730) days after approval by Borrower’s board of directors or completion, but in any event within ninety (ii) sixty (6090) days after the last day end of each fiscal year of Borrower’s fiscal year, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, as approved by Borrower's board of directors (collectively, the "Annual Financial Projections");

Appears in 1 contract

Samples: Loan and Security Agreement (Transgenomic Inc)

Annual Operating Budget and Financial Projections. As soon as available, but no later not more than the earlier of thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day end of each fiscal year of Borrower’s fiscal year, and contemporaneously with any updates or amendments thereto, (A) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (B) annual financial projections for the following fiscal year (on a quarterly basis) as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but no later not more than the earlier of thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day end of each fiscal year of Borrower’s fiscal year, (A) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth) for the upcoming fiscal year of Borrower, and (B) annual financial projections for the following fiscal year (on a quarterly basis) as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Annual Operating Budget and Financial Projections. As soon as available, but at least annually, and in any event no later than the earlier of within thirty (i) seven (7) days after approval by Borrower’s board of directors or (ii) sixty (6030) days after the last day end of each fiscal year of Borrower’s fiscal year, and contemporaneously with any updates or amendments thereto, (i) annual operating budgets (including income statements, balance sheets and cash flow statements, by quartermonth), and (ii) for annual financial projections (on a quarterly basis), in each case as approved by the upcoming fiscal year Board, together with any related business forecasts used in the preparation of Borrowersuch annual financial projections;

Appears in 1 contract

Samples: Loan and Security Agreement (Dova Pharmaceuticals Inc.)

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