Common use of Operating Plan Clause in Contracts

Operating Plan. As soon as available, but not later than thirty (30) days prior to the end of each Fiscal Year, an annual operating plan for Borrower on a consolidated and consolidating basis, approved by the Board of Directors of Borrower, for the following Fiscal Year, that (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 facilities.

Appears in 2 contracts

Samples: Credit Agreement (Newtek Business Services Inc), To Credit Agreement (Newtek Business Services Inc)

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Operating Plan. As To Agent and Lenders, as soon as available, but not later than thirty (30) 30 days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Borrowers, on a consolidated and consolidating basis, approved by the Board of Directors of BorrowerBorrowers, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and facilities.

Appears in 2 contracts

Samples: Credit Agreement (Coyne International Enterprises Corp), Credit Agreement (Lacrosse Footwear Inc)

Operating Plan. As To Agents and Lenders, as soon as available, but not later than thirty (30) days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Borrowers, on a consolidated and consolidating basis, approved by the Board of Directors of BorrowerBorrowers, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and facilities.

Appears in 1 contract

Samples: Credit Agreement (Allied Holdings Inc)

Operating Plan. As To Administrative Agent, as soon as available, but not later than thirty (30) days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Parent and its Subsidiaries, on a consolidated and consolidating basis, approved by the Board of Directors of BorrowerParent, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 facilities.

Appears in 1 contract

Samples: Credit Agreement (Fibermark Inc)

Operating Plan. As To Agent and Lenders, as soon as available, but not later than thirty (30) 30 days prior to after the end of each Fiscal Year, an annual operating plan for Borrower on a consolidated Holdings and consolidating basisits Subsidiaries, approved by the Board of Directors of BorrowerHoldings, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows sheets and a monthly budget for the following year and (iii) integrates sales, gross profits, operating expenses, operating profit, cash flow projections projections, Acquisition Loan Borrowing Availability and Revolving Loan 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 facilities.

Appears in 1 contract

Samples: Credit Agreement (Pediatric Services of America Inc)

Operating Plan. As To Agent and Lenders, as soon as available, but not later than thirty (30) 30 days prior to before the end of each Fiscal Year, an annual proposed operating plan for Borrower on a consolidated for the following Fiscal Year (and consolidating basiswhen available, any subsequent updates thereto approved by the Board of Directors of Borrower), which for the following Fiscal Year, that (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows sheets and a monthly budget for the following year and (iii) integrates 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 facilities.. Annex E-1

Appears in 1 contract

Samples: Fourth Amended (Navarre Corp /Mn/)

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Operating Plan. As To Agent and Lenders, as soon as available, but not later than thirty (30) 30 days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Borrower, on a consolidated and consolidating basis, approved by the Board of Directors of Borrower, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 facilities.

Appears in 1 contract

Samples: Credit Agreement (Black Warrior Wireline Corp)

Operating Plan. As To Agents and Lenders, as soon as available, but not later than thirty (30) 30 days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Borrower, on a consolidated and consolidating basis, approved by the Board of Directors of Borrower, for the following Fiscal Year, that which (i) includes a statement of all of the material assumptions on which such plan is based, (ii) includes monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures and facilities.

Appears in 1 contract

Samples: Credit Agreement (Darling International Inc)

Operating Plan. As To Agent and Lenders, as soon as available, but -------------- not later than thirty (30) 30 days prior to after the end of each Fiscal Year, an annual operating plan for Borrower Borrowers, on a consolidated and consolidating basis, approved by the Board of Directors of BorrowerBorrower Representative, for the following Fiscal Year, that which will (i) includes include a statement of all of the material assumptions on which such plan is based, (ii) includes include monthly balance sheets, income statements and statements of cash flows and a monthly budget for the following year and (iii) integrates 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 's good faith estimates of future financial performance based on historical performance), and including plans for personnel, Capital Expenditures Expenditures, the purchase and sale of Vehicles, and facilities.

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

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