Delivery of Business Plan. The Seller has delivered (or will deliver pursuant to Section 5.9) to the Purchaser a true and complete copy of the Seller's business plan and such plan is, on and as of the date hereof, the current business plan of the Seller. The historical factual information contained in such business plan is correct in all material respects, does not, when read together with the SEC Reports, omit to state any material fact necessary to make the statements therein not misleading and fairly reflects the Seller's projections as of the date hereof.
Delivery of Business Plan. As promptly as practicable and in any event on or before March 31, 1999, the Borrower will, in consultation with the independent financial advisor retained pursuant to Section 5.16, develop and deliver to the Lenders a business plan, satisfactory in form and substance to the Administrative Agent, with respect to (a) the two-fiscal-quarter period ending on June 30, 1999, (b) the four-fiscal-quarter period ending on December 31, 1999, and (c) the period from October 4, 1998, to September 30, 2002, provided that if the Borrower delivers a business plan pursuant to this Section 5.15, the failure of such plan to be satisfactory in form and substance to the Administrative Agent shall not be a Default or an Event of Default.
Delivery of Business Plan. On or before (a) January 25, 2017, and thereafter on the Friday of each week until the Incremental Availability Amount has been permanently reduced to $0 and no Incremental Availability Loans are outstanding, Borrowers shall deliver to Agent a cash flow forecast of Borrowers and their Subsidiaries for the upcoming 13-week period (in form and substance acceptable to Agent), along with an updated 13-week cash flow forecast from the prior week (ended Friday) to add an additional week to the forecast and a report reconciling actual performance for the week ended the preceding Friday with projected performance pursuant to the previous week's 13-week cash flow forecast, and (b) February 24, 2017, Borrowers shall deliver to Agent (all in form and substance acceptable to Agent) a detailed, written plan regarding Borrowers' operational and financial strategic initiatives and projected performance (with reasonably detailed assumptions) for the remainder of 2017, along with projected monthly financial statements and such other detail reasonably necessary to support and demonstrate the feasibility of the plan delivered by Borrowers. The failure of Borrowers to satisfy the covenant set forth in this Section 4 shall constitute an immediate Event of Default under the Credit Agreement.
Delivery of Business Plan. Fail to use its best efforts to deliver, and to deliver, to the Administrative Agent and each Lender as soon as available and in any event by no later than (a) September 1, 2000, a business plan for the balance of fiscal year 2001 and for fiscal year 2002 for the Borrower and its Subsidiaries, reasonably satisfactory in form and substance to the Administrative Agent and the Required Lenders, detailing, among other things, the financial and operating performance for the Borrower and its Subsidiaries as of the end of each fiscal month during the period covered thereby, including projected balance sheets and related consolidated statements of income and cash flows as at the end of each fiscal month for such period and (b) October 1, 2000, a report, reasonably satisfactory in form and substance to the Administrative Agent and the Required Lenders, detailing (i) the rationalization and reduction of the store portfolio and capital expenditures of the Borrower and its Subsidiaries, including itemized plans to dispose of and/or discontinue operations at underperforming stores and (ii) the Borrower's strategy to reduce the Obligations (it being understood that the determinations of whether such business plan and report, respectively, are reasonably satisfactory in form and substance to the Administrative Agent and the Required Lenders shall be undertaken by such parties within a reasonable period of time following the respective dates of delivery therefor and pending such determinations shall be deemed to be satisfactory).
Delivery of Business Plan. By no later than December 31, 2004, the Borrower shall deliver to the Agent (with copies for each Lender) its business plan which shall contain monthly financial projections for the twelve months ending December 31, 2005 and annual projections thereafter through the Maturity Date.
Delivery of Business Plan. On or before September 14, 2000, deliver to the Banks and First Union the final business plan of the Borrowers for their fiscal year ending September 30, 2001, which business plan must be in form and substance acceptable to the Banks and First Union, and on or before September 21, 2000, deliver to the Banks and First Union a written report prepared by Richter, in form and substance xxxxsfactory to the Banks and First Union, setting forth an analysis of the viability and practicality of such business plan. The Banks and the Borrowers agree that the Business Plan delivered by the Borrowers to the Banks on September 14, 2000 and the report prepared by Richter and delivered to First Union and the Banks on September 15, 2000 satisfy the requirements of this Section.
Delivery of Business Plan. Subsection 6.3(c) is hereby deleted its entirety, and the following is inserted in its place:
Delivery of Business Plan. 39 7.4 FINANCING............................................................39 7.5
Delivery of Business Plan. Sellers shall cause the Company to prepare and deliver to Buyer reasonable, good-faith projections of the Company's EBITDA for each of the 12-month periods ending March 31, 2003, March 31, 2004, and March 31, 2005. Buyer expects that the Company's projected revenue and EBITDA for each of such three years will be equal to or greater than $28,806,100 and $2,009,000, respectively.
Delivery of Business Plan. The Company shall prepare, in consultation with PricewaterhouseCoopers L.L.P., a proposed business plan with respect to the Company's and the Subsidiaries' core and ancillary business lines, and shall deliver such business plan (or a substantially complete draft thereof) to the Noteholders on or before August 19, 2002. The business plan will, among other things, incorporate the results of the initiatives and milestones identified in the Company's written materials entitled "Noteholders Meeting July 15, 2002" (all of which milestones shall have been met by August 31, 2002). The failure of the business plan (as it may be revised or amended) and the proposals contained therein to be satisfactory to the Required Noteholders in their sole discretion, and such satisfaction to be certified in writing by the Required Noteholders, by August 31, 2002, shall constitute a Termination Event on August 31, 2002.
