Company Business Plan Sample Clauses

Company Business Plan. On or before September 1 of each calendar year, commencing September 1, 2000, a copy of the Company's internal business plan for the fiscal year commencing on July 1 of such calendar year and ending on June 30 of the following year, such plan to include the Company's forecast on a month-by-month basis;
AutoNDA by SimpleDocs
Company Business Plan. The Business Plan has been prepared by the Company based upon reasonable projections and expectations and is, in the judgment of the Company’s executive officers, achievable without undue effort or expense not contemplated thereby.
Company Business Plan. The Company Business Plan has been prepared by the Company’s management in good faith and represents the Company’s current business plan.
Company Business Plan. (a) Pursuant to the Subscription Agreement, Holdco Inc. and Buyer prepared and agreed to a business plan with respect to the Company covering the Company and its Subsidiaries for the period from January 1, 2015 through December 31, 2019, which business plan includes estimated Annual Consolidated Fixed Operating Expense Budgets and estimated Annual Consolidated Maintenance Capex Budgets for each fiscal year in such period (as such business plan may be amended from time to time in accordance with this Agreement, the “Company Business Plan”). The Company Business Plan in effect as of the date hereof (the “Initial Company Business Plan”) is attached as Exhibit D hereto, and the 2015 Annual Consolidated Fixed Operating Expense Budget and the 2015 Annual Consolidated Maintenance Capex Budget are attached as Exhibits E and F hereto, respectively. 16 (b) From time to time, management may recommend for Board approval amendments to the Company Business Plan. Management shall also annually recommend for Board approval a final Annual Consolidated Fixed Operating Expense Budget and a final Annual Consolidated Maintenance Capex Budget for the following fiscal year and an extension to the Company Business Plan to roll the plan forward for an additional fiscal year. The Board may adopt any amendments to the Company Business Plan and approve the final Annual Consolidated Fixed Operating Expense Budget, the final Annual Consolidated Maintenance Capex Budget and the rolling forward of the Company Business Plan by the affirmative vote of a majority of the Directors present at a duly convened meeting of the Board at which a quorum is present in accordance with Section 2.8 (provided, for the avoidance of doubt, that the adoption of elements of the Company Business Plan, the Annual Consolidated Fixed Operating Expense Budget and the Annual Consolidated Maintenance Capex Budget shall constitute a “Major Decision” if such elements of the Company Business Plan or budgets, if adopted separately by the Board, would constitute “Major Decisions” and, provided further, that, an item shall constitute a “Major Decision” only in the first instance in which it is voted on by the Board, unless later amended in ways that would meet the criteria of a Major Decision). In addition, with respect to expenses added to roll forward the business plan to a new year, then to the extent the Annual Consolidated Fixed Operating Expense Budget or Annual Consolidated Maintenance Capex Budget for the new yea...
Company Business Plan. The Investors shall have received and approved (i) a detailed business and financial plan of the Company for 2003 and (ii) an outline of goals and operating assumptions for 2004.
Company Business Plan. The Company has provided to Parent a detailed --------------------- business plan (based on management's good faith projections believed to be reasonable) for the Company's planned operations during the twelve months following the Agreement Date which includes, without limitation, a description of the Company's capital requirements, staffing needs, and a pro forma income --------- statement (the "Company Business Plan"). The Company Business Plan is set forth --------------------- as Exhibit I hereto. Parent and Sub acknowledge and agree that the Company --------- Business Plan contains certain forward looking statements which are based on a number of assumptions and are subject to significant uncertainties, and, therefore, that actual results of operations may vary significantly from projected results.
Company Business Plan. Buyer shall use its best efforts to operate the Company in accordance with the Company's Business Plan dated February 1, 2001, with such Business Plan providing for the funding to market, distribute and further promote the sale, license and distribution of the Company's current XXXX product.
AutoNDA by SimpleDocs
Company Business Plan. The Boards of Directors of the Company and you shall have approved the 2001 Business Plan, and such plan shall have been neither amended, rescinded, revised nor updated between the time of the initial approval by your Board of Directors and the date of the Initial Purchase.
Company Business Plan. (i) With respect to any Purchase Date prior to January 1, 2002, the 2001 Business Plan, as most recently provided by the Company to you in accordance with Section XVIII hereof, shall not have been rescinded or materially revised, amended or updated between the time of such most recent notice and such Purchase Date. (ii) With respect to the first Purchase Date after December 1, 2001, the Company shall have delivered to you a copy of the proposed 2002 Business Plan in a form that reflects no less a level of detail than does the 2001 Business Plan. (iii) With respect to any Purchase Date on or after January 1, 2002, the 2002 Business Plan, as most recently provided by the Company to you in accordance with Section XVIII hereof shall have been approved by your Board of Directors and shall not have been rescinded or materially revised, amended or updated between the time of such most recent notice and such Purchase Date.

Related to Company Business Plan

  • Business Plans As promptly as possible, but in no event later than July 15, 2010 (and, as applicable, with current information as of June 30, 2010) the Manager shall deliver to the Initial Member written plans (each, a “Business Plan”) detailing the strategy to be used by it in managing and disposing of the assets of the Company in respect of all of the Loans for achieving the Company’s purposes with respect thereto, in conformance with the Servicing Standard, based, to the extent appropriate, on information gathered by the Company with respect to the Loans, which shall include (i) individual Business Plans for each of the ten (10) largest Loans based on their Unpaid Principal Balance as of the Cut-Off Date (as set forth on the Loan Schedule), and (ii) a consolidated Business Plan covering all Loans (a “Consolidated Business Plan”). With respect to the first such Business Plans and Consolidated Business Plan, the Manager shall meet with the Initial Member as reasonably requested by the Initial Member from time to time during the thirty (30) Business Days following the Initial Member’s receipt of the same, to review and discuss such Business Plans and Consolidated Business Plan, including changes thereto suggested by the Initial Member. Within thirty (30) Business Days following expiration of such review period, the Manager will deliver to the Initial member a final version of such Business Plans and Consolidated Business Plan reflecting such changes as the Manager considers to be appropriate in light of its discussions with the Initial Member during such review period. The Manager shall thereafter review and revise each Business Plan and Consolidated Business Plan as the circumstances may require, and in any event provide periodic updates to such Business Plans (and for each such update, the same shall cover the ten (10) largest Loans based on their Unpaid Principal Balance as of the time of such update) and Consolidated Business Plan to the Initial Member, in January (current as of December 31 of the immediately preceding year) and July (current as of June 30 of such year) of each year, commencing in January 2011, with each such periodic update to de delivered as part of the Monthly Reports due at such time pursuant to Section 7.4(b), Upon reasonable notice by the Initial Member, the Company shall make its personnel who are familiar with such Business Plans and Consolidated Business Plans available during normal business hours for the purposes of discussing such Business Plans and Consolidated Business Plans with representatives of the Initial Member and responding to questions therefrom. (a) Each Business Plan and Consolidated Business Plan will set forth a strategy for the disposition of the Loans addressed thereby which strategy may consist of one or more of the following: (i) the pay-off of Loans at a discount; (ii) modifications of the related note and/or mortgage, including reductions in the mortgage loan interest rate, reductions in the principal balance and rescheduling principal payments; (iii) foreclosure upon the related Underlying Collateral (or acquisition thereof by deed in lieu of foreclosure) and subsequent sale thereof; (iv) assumptions of Loans by new borrowers; (v) repairs to and, if applicable, completion of construction of the related Underlying Collateral, with a view towards selling such Underlying Collateral or the Loan secured thereby; (vi) sale of a Loan, either singly or in pools, before or after restructuring; and (vii) any other method of work-out, rehabilitation and disposition consistent with the Servicing Standard and other general duties of the Company specified in this Agreement. (b) Each Business Plan and Consolidated Business Plan will set forth a strategy for the disposition of each related Acquired Property which strategy may consist of one or more of the following: (i) the sale or leasing of the Acquired Property in whole or in parts, or in pools; (ii) making repairs to and, if applicable, completion of construction the Acquired Property or making changes to the Acquired Property so that it may be used for uses other than its current use, with a view toward selling the Acquired Property; (iii) rehabilitation or improvement and, if applicable, completion of construction of the Acquired Property, with a view toward selling the Acquired Property; (iv) continued leasing or sales activity with respect to the Acquired Property available for leasing or sale (in whole or in part) at the time it is transferred to a Ownership Entity; and (v) maintenance, landscaping and general upkeep of the Acquired Property. (c) Each Business Plan or Consolidated Business Plan shall contain the Company's estimate of the present value of the net amount that is recoverable with respect to each related Loan and projected Working Capital Expenses with respect thereto, and, in reasonable detail, the manner of calculation of such estimates. The Consolidated Business Plan shall include projected financials including statements of income, assets, and cash flows for the Company. Such cash flow projections shall, for the Consolidated Business Plan and each update thereto, include an Excel model of projected cash flows by month, as of June 30 and December 31 of each year (or, in the case of the initial Consolidated Business Plan, as of the date of preparation and delivery thereof) and covering a period not less than the upcoming 6 months, including projected monthly cash inflows on the Loans and REO, projected Excess Working Capital Advances and/or Discretionary Funding Advances, projected outflows of Servicing Expenses, projected Funding Draws, projected Working Capital Reserve levels, projected net monthly cash available for deposit into the Defeasance Account, and the amount and allocation of any projected distributions to Initial Member and Private Owner.

  • Annual Business Plan (a) On or before November 15th of each year during the term of this Agreement, Manager shall prepare and submit to Owner for Owner's prior approval an annual business and leasing plan in accordance with the requirements of EXHIBIT D hereto (as such EXHIBIT D may be modified by Owner from time to time) (the "ANNUAL BUSINESS PLAN"). The Annual Business Plan shall be a comprehensive plan for the management, operation, leasing, repair, maintenance and promotion of the Property and for the other matters set forth on EXHIBIT D. Manager shall consult the Owner concerning the proposed Annual Business Plan and shall promptly incorporate therein such changes as Owner may direct. The Annual Business Plan, and all budgets contained therein, shall be in a form consistent with the Reporting Package. (b) Manager shall: (i) perform its duties hereunder in accordance with the Approved Annual Business Plan; and (ii) use all reasonable efforts to ensure that the actual costs of maintaining and operating the Property do not exceed the operating budget (the "OPERATING BUDGET") which is a part of the Approved Annual Business Plan either in total or in any one accounting category. All actual expenses must be charged to the proper account on a basis consistent with the Operating Budget classifications and Reporting Package. Except in case of emergencies which could reasonably pose a threat of injury to persons or property, in which event Manager shall inform Owner of such emergency within two (2) business days, no expense may be reclassified except as needed to correct an inadvertent error. Manager will secure Owner's prior approval for any expenditure that will result in a variance of the greater of $5,000 or 5% of the annual budgeted amount in any one accounting line item of the Operating Budget. In addition, Manager shall obtain Owner's prior approval for any expenditure in excess of $5,000, regardless of whether such expenditure is set forth in the Approved Annual Business Plan. (c) Owner shall have the right to require changes in the Approved Annual Business Plan from time to time; provided, however, that Owner shall provide Manager with at least fifteen (15) days' notice of such changes.

  • Business Plan The Lenders shall have received a satisfactory business plan for fiscal years 1999-2006 and a satisfactory written analysis of the business and prospects of the Borrower and its Subsidiaries for the period from the Closing Date through the final maturity of the Term Loans.

  • Non-Company Business Except with the prior written consent of the Board, Executive will not during the term of Executive’s employment with the Company undertake or engage in any other employment, occupation or business enterprise, other than ones in which Executive is a passive investor. Executive may engage in civic and not-for-profit activities so long as such activities do not materially interfere with the performance of Executive’s duties hereunder.

  • Assumed Business Names Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None.

  • Business Plan and Budget As soon as available, but in any event within sixty (60) days after the end of each fiscal year of the Borrower, an annual business plan and budget of the Borrower and its Subsidiaries on a Consolidated basis, including forecasts prepared by management of the Borrower, in form reasonably satisfactory to the Lender, of Consolidated balance sheets and statements of income or operations and cash flows of the Borrower and its Subsidiaries on a fiscal year basis and, in the case of such forecasted statements of income, on a fiscal quarterly basis for the immediately following fiscal year. As to any information contained in materials furnished pursuant to Section 6.02(f), the Borrower shall not be separately required to furnish such information under Section 6.01(a) or (b) above, but the foregoing shall not be in derogation of the obligation of the Borrower to furnish the information and materials described in Sections 6.01(a) and (b) above at the times specified therein.

  • The Business The parties acknowledge that the Company is engaged in the development, marketing and sale of certain proprietary technologies, processes and related products in the areas of chemical detection, technical processes, and technical/business services, and that the Company may also from time to time become or may intend to become engaged in other business endeavors (individually and collectively, the "BUSINESS"). The Company shall be deemed to intend to become engaged in a business endeavor if it has devoted or expended any significant resources, either financial or human resources, towards the proposed endeavor, either in planning or implementing the undertaking of such planned endeavor.

  • Outside Businesses Subject to the provisions of Section 6.3, any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the activities of the Trust, and the Trust and the Holders of Securities shall have no rights by virtue of this Trust Agreement in and to such independent ventures or the income or profits derived therefrom, and the pursuit of any such venture, even if competitive with the activities of the Trust, shall not be deemed wrongful or improper. No Covered Person, the Sponsor, the Delaware Trustee or the Property Trustee shall be obligated to present any particular investment or other opportunity to the Trust even if such opportunity is of a character that, if presented to the Trust, could be taken by the Trust, and any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee shall have the right to take for its own account (individually or as a partner or fiduciary) or to recommend to others any such particular investment or other opportunity. Any Covered Person, the Delaware Trustee and the Property Trustee may engage or be interested in any financial or other transaction with the Sponsor or any Affiliate of the Sponsor, or may act as depositary for, trustee or agent for, or act on any committee or body of holders of, securities or other obligations of the Sponsor or its Affiliates.

  • Transition Planning The AGENCY will be responsible for the development of the student’s Transition Plan, which begins upon entry and is completed prior to the student’s exit.

  • Disaster Recovery and Business Continuity The Parties shall comply with the provisions of Schedule 5 (Disaster Recovery and Business Continuity).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!