Financial Statements; Projections. The Lenders shall have received from the Borrowers (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers and their Subsidiaries as of the Effective Date, and reflecting the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each to occur on or prior to the Effective Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 4 contracts
Samples: Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries as of at the Effective Closing Date, and reflecting the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Financing Agreement (Fibrogen Inc), Financing Agreement (Blueprint Medicines Corp)
Financial Statements; Projections. The Lenders shall have received from the Borrowers (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers and their Subsidiaries as of the Effective Date, and reflecting the transactions contemplated by the Loan Documents, and the Second Lien Notes Documents, the Flagler Acquisition and the Liftech Acquisition, in each to occur on or prior to the Effective Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Abl First Lien Credit Agreement (B. Riley Principal Merger Corp.), Floor Plan First Lien Credit Agreement (B. Riley Principal Merger Corp.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Holdings (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Holdings and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the Acquisition, the related financings and the other transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance reasonably satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Services International LLC), Second Amendment (DynCorp International Inc)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Company, (i) the Historical Financial Statements, (ii) a pro forma consolidated combined balance sheet of Company and consolidating balance sheets of Borrowers and their its Subsidiaries as of at the Effective Closing Date, prepared in accordance with GAAP and reflecting the consummation of the Acquisition, the related financings and the other transactions contemplated by the Loan Documents, Credit Documents and the Second Lien Documents, in each to occur on or prior to the Effective DateRelated Agreements, which pro forma financial statements shall be in form and substance satisfactory to Administrative AgentLenders, and (iii) the Projections.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Stryker Corp), Credit and Guaranty Agreement (Stryker Corp)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries as of at the Effective Closing Date, and reflecting the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements balance sheet shall be in form and substance satisfactory to Administrative Agent and Syndication Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower: (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Holdings and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the Acquisition, the related financings and the other transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) (in respect of non-public Lenders only) the Projections.
Appears in 2 contracts
Samples: Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets financial statements of Borrowers Borrower and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the Xxxxxxxxxx Acquisition, the related financings and the other transactions contemplated by the Loan Documents, Documents and the Second Lien Documents, in each Merger Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.), First Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries, which shall be based on the financial statements of Borrower and its Subsidiaries as of for the Effective DateFiscal Quarter ended March 31, 2024, and reflecting adjusted to reflect the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 2 contracts
Samples: Loan Agreement (Arrowhead Pharmaceuticals, Inc.), Financing Agreement (Apellis Pharmaceuticals, Inc.)
Financial Statements; Projections. The Lenders Lenders, Administrative Agent and Arranger shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets and income statements of Borrowers Borrower and their Subsidiaries as of the Effective Dateits Subsidiaries, and reflecting the transactions contemplated by consummation of the Loan Documents, and the Second Lien Documents, in each to occur on or prior to the Effective DateTransactions, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agentthe Lenders and Arranger, and (iii) the Projections.
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries as of the Effective Date, Closing Date and reflecting the consummation of the Acquisition, the related financings and the other transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance reasonably satisfactory to Administrative Agent, Agent and (iii) the Projections.
Appears in 1 contract
Financial Statements; Projections. The Lenders shall have received from the Borrowers Company (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Company and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the ProjectionsProjections (as such term is defined in the Original Credit Agreement).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Company (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Company and their its Subsidiaries as of at the Effective Closing Date, and reflecting the financings and the other transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance reasonably satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 1 contract
Samples: Financing Agreement (Metalico Inc)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the related financings and the other transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent and Syndication Agent, and (iii) the Projections.
Appears in 1 contract
Financial Statements; Projections. The Lenders shall have received from the Borrowers Company (i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers Company and their its Subsidiaries as of at the Effective Closing Date, and reflecting the consummation of the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Closing Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrowers
(i) the Historical Financial Statements, (ii) pro forma consolidated and consolidating balance sheets of Borrowers and their Subsidiaries as of the Effective Date, and reflecting the transactions contemplated by the Loan Documents, Documents and the Second Lien Documents, in each to occur on or prior to the Effective Date, which pro forma financial statements shall be in form and substance satisfactory to Administrative Agent, and (iii) the Projections.
Appears in 1 contract
Samples: Abl First Lien Credit Agreement (Alta Equipment Group Inc.)
Financial Statements; Projections. The Lenders shall have received from the Borrowers Borrower (i) the Historical Financial StatementsStatements (it being understood and agreed that such Historical Financial Statements submitted to Lenders prior to the Effective Date are satisfactory to Lenders), (ii) pro forma consolidated and consolidating balance sheets of Borrowers Borrower and their its Subsidiaries as of at the Effective Date, and reflecting consummation of the Plan and the other the transactions contemplated by the Loan Documents, and the Second Lien Documents, in each Credit Documents to occur on or prior to the Effective Date, which pro forma financial statements balance sheet shall be in form and substance reasonably satisfactory to Administrative Agent, Agent and (iii) the Projections.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)