Common use of Operating Plan Clause in Contracts

Operating Plan. To Agent and Lender, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating plan, approved by the Board of Directors of Ultimate Parent, for the following Year, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Stores;

Appears in 4 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Assignment Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

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Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and (ii) includes a monthly budget for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's ’s good faith estimates of future financial performance based on historical performance), and including plans for personnel, Consolidated Capital Expenditures and Stores;facilities.

Appears in 3 contracts

Samples: Credit Agreement (Brindlee Mountain Telephone Co), Credit Agreement (Otelco Inc.), Credit Agreement (Otelco Telecommunications LLC)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 3 contracts

Samples: Credit Agreement (Code Alarm Inc), Credit Agreement (Code Alarm Inc), Credit Agreement (Zomax Optical Media Inc)

Operating Plan. To Agent and LenderAgents, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 2 contracts

Samples: Credit Agreement (Filenes Basement Corp), In Possession Credit Agreement (Filenes Basement Corp)

Operating Plan. To Agent and Lender, as As soon as available, but not later than thirty sixty (3060) days after the end of each Fiscal Yearfiscal year, an annual operating plan, approved by the Board of Directors of Ultimate Parent, plan for such fiscal year for the following YearServicer, which will (i) include a statement of all of the material assumptions on which such plan is based, will (ii) include monthly quarterly balance sheets and a monthly budget quarterly projections for the following such year and will (iii) integrate sales, gross Receivables Sale and Servicing Agreement profits, operating expenses, operating profit, cash flow projections and borrowing availability projections Borrowing Base projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's ’s good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures capital expenditures and Stores;facilities.

Appears in 1 contract

Samples: Funding Agreement (Synnex Corp)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and (ii) includes a monthly budget for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Consolidated Capital Expenditures and Stores;facilities.

Appears in 1 contract

Samples: Credit Agreement (Otelco Inc.)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board board of Directors directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and (ii) includes a monthly budget for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Consolidated Capital Expenditures and Stores;facilities.

Appears in 1 contract

Samples: Credit Agreement (Otelco Inc.)

Operating Plan. To Agent and LenderAgent, as soon as available, but not later than thirty sixty (3060) days after the end of each Fiscal Year, an annual operating planplan for Borrower and its Subsidiaries, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections projection, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans a summary of material assumptions for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Per Se Technologies Inc)

Operating Plan. To Agent and LenderAgent, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrowers, approved by the Board of Directors of Ultimate ParentBorrowers, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include (ii) includes monthly balance sheets and a monthly budget for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's ’s good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Stores;facilities.

Appears in 1 contract

Samples: Credit Agreement (Palace Entertainment Holdings, Inc.)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for the Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly quarterly balance sheets and a monthly quarterly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, and cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)

Operating Plan. To Agent, Revolving Credit Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly quarterly balance sheets and a quarterly monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (American Coin Merchandising Inc)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board board of Directors directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and (ii) includes a monthly budget for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's ’s good faith estimates of future financial performance based on historical performance), and including plans for personnel, Consolidated Capital Expenditures and Stores;facilities.

Appears in 1 contract

Samples: Credit Agreement (Otelco Inc.)

Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board managing general partner of Directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include (i) includes a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly (ii) includes an annual budget (by month) for the following year and will integrate (iii) integrates sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Stores;facilities.

Appears in 1 contract

Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)

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Operating Plan. To Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Fiscal Year, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, profit and cash flow projections and borrowing availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Gibson Greetings Inc)

Operating Plan. To Agent and Lender, as soon as available, but -------------- not later than thirty (30) days after the end of each Fiscal Year, an annual operating plan, approved by the Board of Directors of Ultimate Parent, for the following Year, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Stores;

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Operating Plan. To Agent and Lender, as As soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for each Borrower, approved by the Board of Directors of Ultimate Parentsuch Borrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures, Film Cost Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit and Security Agreement (Unapix Entertainment Inc)

Operating Plan. To Agent and Lender, as As soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Operating Plan. To Agent and Lender, as As soon as available, but not later than thirty (30) days after the end commencement of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's ’s good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

Operating Plan. To Agent and Lender, as As soon as available, but not later than thirty (30) days after the end commencement of each Fiscal Year, an annual operating planplan for Borrower, approved by the Board of Directors of Ultimate ParentBorrower, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability Borrowing Availability projections all prepared on the same basis and in similar detail as that on which operating results are reported (and in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (Sweetheart Holdings Inc \De\)

Operating Plan. To Administrative Agent and LenderLenders, as soon as available, but not later than thirty (30) days after the end of each Fiscal Year, an annual operating plan, approved by the Board of Directors of Ultimate ParentHoldings, for the following Yearyear, which will include a statement of all of the material assumptions on which such plan is based, will include monthly balance sheets and a monthly budget for the following year and will integrate sales, gross profits, operating expenses, operating profit, cash flow projections and borrowing availability projections projections, all prepared on the same basis and in similar detail as that on which operating results are reported (and and, in the case of cash flow projections, representing management's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and Storesfacilities;

Appears in 1 contract

Samples: Credit Agreement (National Oilwell Inc)

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