Management Consultant Sample Clauses

Management Consultant. (a) The Borrower hereby confirms that during the forty days following the date hereof, it will interview one or more management consultant firms (including, without limitation, one or more consultant firms recommended by the Administrative Agent). In addition, in the event that (i) the financial performance of the Parent and its Subsidiaries through the month of August of 2005 does not meet the expectations set forth in the revised projections most recently provided to the Administrative Agent, as measured by sales, Consolidated EBITDA and liquidity and/or (ii) it is unlikely that the Parent and its Subsidiaries will continue to meet such expectations beyond August of 2005, in each case, the Borrower hereby confirms its intention to, and will, promptly retain, at the expense of the Parent and its Subsidiaries, one such consultant firm. (b) In the event that a consultant firm is retained pursuant to the above paragraph (a), (i) the Borrower will cause such consultant to be available to the Administrative Agent and the Lenders for discussion of all or any of its analysis, reports, recommendations and strategic solutions, and (ii) the management consultant firm and the scope of the engagement of such management consultant firm shall be reasonably satisfactory to the Administrative Agent.

Management Consultant. The Parent and the Borrower shall engage a management consultant acceptable to the Required Lenders on terms and conditions acceptable to the Required Lenders on or before September 30, 2000.

Management Consultant. Hire and retain a management consultant (reporting directly to the board of directors of the Borrower) reasonably satisfactory to the Administrative Agent."

Management Consultant. The Borrower shall, on or before July 31, 2009, hire a management consultant mutually acceptable to the Agent and the Borrower to advise the Borrower on such matters regarding the company’s financial performance as the Agent shall request, including an assessment of the Borrower’s business plan, cost structure and liquidity.” (f) Section 7(c) of the Credit Agreement is hereby amended in its entirety as follows:

Management Consultant. 104 Section 9.1.15. Ghana Opinion.......................................104 Section 9.1.16.

Management Consultant. By the date not later than 90 days after the Restatement Date, the Borrower shall have met with two consultants of national reputation identified by the Agent and Majority Lenders, and shall have discussed with such consultants the operations of the Borrower and its Subsidiaries. In addition, from and after the earlier to occur of (a) any Event of Default which is continuing, and (b) the date which is 120 days after the Restatement Date, upon the request of Majority Lenders the Borrower shall, at its own cost, retain one of the consultants or another consultant reasonably acceptable to the Borrower and the Majority Lenders pursuant to an engagement letter in form, substance and scope acceptable to Majority Lenders in their reasonable discretion. Notwithstanding anything to the contrary contained in this Section 5.01(v), the aggregate fees payable to any consultant shall not exceed $1.75 million without the consent of the Required Lenders.

Management Consultant. Borrower shall within twenty-one days following the date of this Amendment at Borrower's expense engage the services of a management consultant acceptable to the Required Lenders whose work shall be limited to performance for Borrower of thirteen week cash flow projections and monthly balance sheet and income statements projections for the next twelve months after the date of this Amendment. Borrower shall cooperate with such management consultant and shall permit to the Lenders full access at all times to the consultant and the consultant's work product. h. Fleet National Bank substituted for Summit Bank as a Lender. Fleet National Bank acquired Summit Bank and Fleet National Bank is hereby substituted for Summit Bank as a Lender. Fleet National Bank agrees to be bound by the terms of the Credit Agreement as fully and to the same extent as Summit Bank. All references in the Credit Agreement to Summit Bank shall hereinafter mean Fleet National Bank.

Management Consultant. The Center is required to engage a Management Consultant if either (i) the Debt Ratio on any Measurement Date is less than 1.0:1.0 or (ii) the Debt Ratio on the Measurement Date that is the last day of the fiscal year of the Center is less than 1.2:1.0 and the Adjusted Operating Loss is greater than $50,000,000. The Adjusted Operating Loss, by which operating losses are adjusted by contributions and an assumed return on investments, is only required to be calculated if the most recently available audited financial statements of the Center and its Affiliates show a decrease in Unrestricted Net Assets of $50,000,000 or more or the Debt Ratio on the Measurement Date that is the last day of the fiscal year of the Center is less than 1.2:1.0. [On a pro forma basis, taking into account the issuance of the Series 2020 DASNY Bonds and the incurrence of other long-term debt, as of December 31, 2019 the Debt Ratio would have exceeded 1.2:1.0.] See “PART 6 – MEMORIAL SLOAN KETTERING CANCER CENTER – Outstanding Indebtedness – Actual Capitalization as of December 31, 2019” and “– MSKCC – Capitalization Ratio Summary” herein, for information regarding outstanding indebtedness and capitalization of MSKCC.

Management Consultant. The Operating Company shall have entered into a consulting agreement with The Fine Point Group and all persons performing services on behalf of The Fine Point Group (the “Consultant”) satisfactory in all respects to the Administrative Agent, the retention of the Consultant shall have been approved by the MGCB, the Bankruptcy Court and, if required, the City, and the Consultant shall have commenced the performance of its services under such consulting agreement.