Common use of Operating Plan Clause in Contracts

Operating Plan. As soon as available, but not later than 45 days after the end of each fiscal year, an annual operating plan for such fiscal year for the Parent, which will (i) include a statement of the material assumptions on which such plan is based, (ii) include quarterly balance sheets and quarterly projections for such year and (iii) integrate sales, gross profits, operating expenses, operating profit, cash flow projections and 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 good faith estimates of future financial performance based on historical performance), and including plans for personnel, capital expenditures and facilities.

Appears in 3 contracts

Samples: Funding Agreement (Synnex Corp), Funding Agreement (Synnex Corp), Funding Agreement (Ak Steel Holding Corp)

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Operating Plan. As soon as available, but not later than 45 30 days after the end of each fiscal year, an annual operating plan for such fiscal year for the Parent, which will (i) include a statement of the material assumptions on which such plan is based, (ii) include quarterly monthly balance sheets and quarterly monthly projections for such year and (iii) integrate sales, gross profits, operating expenses, operating profit, cash flow projections and 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 and facilities.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Superior Telecom Inc), Receivables Funding Agreement (Alpine Group Inc /De/)

Operating Plan. As soon as available, but not later than 45 thirty (30) days after the end of each fiscal yearFiscal Year, an annual operating plan for such fiscal year the Borrowers, approved by the Board of Directors of Parent, for the Parentfollowing year, which will (i) include a statement of all of the material assumptions on which such plan is based, (ii) will include quarterly balance sheets and a quarterly projections budget for such the following year and (iii) will integrate sales, gross profits, operating expenses, operating profit, profit and cash flow projections and 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 facilities.;

Appears in 1 contract

Samples: Convertible Note Agreement (Wpi Group Inc)

Operating Plan. As soon as available, but not later than 45 30 days after prior to the end of each fiscal year, an annual operating plan for such fiscal year the Parent and its Subsidiaries for the following year, approved by the Chief Executive Officer and Chief Financial Officer of the Parent, which will (i) include a statement of all of the material assumptions on which such plan is based, (ii) include quarterly monthly balance sheets and quarterly projections income statements for such the following year and (iii) integrate sales, gross profits, operating expenses, operating profit, monthly cash flow projections and Borrowing Base 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: Receivables Sale and Contribution Agreement (Wabash National Corp /De)

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Operating Plan. As soon as available, but not later than 45 thirty (30) days after the end of each fiscal yearFiscal Year, an annual operating plan for such fiscal year the Borrow ers, approved by the Board of Directors of Parent, for the Parentfollowing year, which will (i) include a statement of all of the material assumptions on which such plan is based, (ii) will include quarterly balance sheets and a quarterly projections budget for such the following year and (iii) will integrate sales, gross profits, operating expenses, operating profit, profit and cash flow projections and 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 histori cal performance), and including plans for personnel, capital expenditures Capital Expenditures and facilities.;

Appears in 1 contract

Samples: Convertible Note Agreement (Sunrise Capital Partners Lp)

Operating Plan. As soon as available, but not later than 45 days after the end of each fiscal year, an annual operating plan for such fiscal year for the Parent, which will (i) include a statement of the material assumptions on which such plan is based, (ii) include quarterly balance sheets and quarterly projections for such year and (iii) integrate sales, gross profits, operating expenses, operating profit, cash flow projections and 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 good faith estimates of future financial performance based on historical performance), and including plans for personnel, capital expenditures and facilities.. Annex 5.02(a) - 2 Confidential Treatment Requested

Appears in 1 contract

Samples: Funding Agreement (Synnex Corp)

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