Week Cash Flow Forecast. The Company shall have delivered to the Agent the initial 13-Week Cash Flow Forecast certified by the chief financial officer of the Company as being prepared based upon good faith estimates and assumptions that were reasonable at the time made (it being understood and agreed that such 13-Week Cash Flow Forecast is not to be viewed as fact and that actual results during the period or periods covered thereby may differ from such projected results).
Week Cash Flow Forecast. No later than the last calendar day of each week: (i) a weekly cash flow forecast for each of the next 13 weeks and (ii) a comparison of the actual weekly cash flow results against the Company’s forecast for the preceding week and each prior week which forecast is consistent with the forecasts as set forth in the Company’s 2009 Monthly Business Plan most recently presented to, and validated by, the Company’s Financial Advisor (the “2009 Monthly Business Plan”); and
Week Cash Flow Forecast. Within three (3) Business Days after the end of each week the Borrower shall provide to the Administrative Agent a cash flow forecast for the 13-week period thereafter.
Week Cash Flow Forecast. Within five (5) Business Days after the end of each month ending prior to 13-Week Cash Flow Forecast End Date, commencing with the month ending August 31, 2024, a rolling 13-week consolidated cash flow forecast of Digital Turbine, Inc., Digital Turbine Media, Inc., Digital Turbine USA, Inc., Mobile Posse, Inc., AdColony, Inc., and Digital Turbine (IL) Ltd. (the “Forecast Parties”) depicting on a weekly basis cash receipts and disbursements, any transfer of funds to any Foreign Subsidiary (including, without limitation, by Investment, Disposition or Restricted Payment), cash balances and the loan balance for the 13-week period beginning on the Monday of the first week of such period (each such forecast, a “13-Week Cash Flow Forecast”), in a form reasonably satisfactory to the Administrative Agent, together with an analysis (commencing after the initial 13-Week Cash Flow Forecast utilizing the best available information at the time of the preparation of such analysis) of the actual amount of cash receipts and disbursements, funds transferred to any Foreign Subsidiary, cash balances and the loan balance of the Forecast Parties for the first four week segment, measured by line item, of the prior 13-Week Cash Flow Forecast that vary by more than 10% for the corresponding cash receipts and disbursements, amount of funds transferred to any Foreign Subsidiary, cash balances and the loan balance, as applicable, in the applicable 13-Week Cash Flow Forecast (the “Variance Analysis”); provided that, to the extent the amount of variance for any individual item does not exceed $100,000 (the “Immaterial Variance”), such Immaterial Variance shall be excluded from the Variance Analysis. Each delivery of a 13-Week Cash Flow Forecast shall be deemed to be a representation by the Forecast Parties that such 13-Week Cash Flow Forecast and Variance Analysis have been prepared based upon good faith estimates, calculations and assumptions that Holdings believes were reasonable at the time made (it being understood and agreed that such 13-Week Cash Flow Forecast is not to be viewed as fact, is not a guarantee of financial performance and that actual results during the period or periods covered thereby may differ from such projected results and such differences may be material).
Week Cash Flow Forecast. During the Covenant Amendment Period, beginning on Monday March 11, 2022, and continuing on every other Monday thereafter, a rolling 13-week cash flow forecast of the Credit Parties and their Subsidiaries covering the 13-week period (beginning with the date of delivery of such forecast) in form and detail reasonably satisfactory to the Administrative Agent.
Week Cash Flow Forecast. (i) On the last Business Day of each month occurring prior to the one year anniversary of the Effective Date, the U.S. Borrower shall deliver to the Administrative Agent, (a) a 13-week cash flow forecast in a form reasonably satisfactory to the Administrative Agent (the “13-Week Cash Flow Forecast”), (b) a reconciliation of the cash balances of the U.S. Borrower and its Subsidiaries between the amount shown on the U.S. Borrower’s general ledger for the prior month and the amount maintained on deposit for such month by the U.S. Borrower and its Subsidiaries with banks, (c) a variance report (i) showing on a line item basis the percentage and dollar variance of actual cash disbursements and revenues and cash receipts for the prior month from the amounts set forth for such month in the most recent 13-Week Cash Flow Forecast and (ii) containing explanations of material variances from such 13-Week Cash Flow Forecast, and (d) a certificate, in a form satisfactory to the Administrative Agent, of a Responsible Officer of the U.S. Borrower as to the calculation of Liquidity for the prior month and attaching forth such calculations. Each delivery of the 13-Week Cash Flow Forecast shall be deemed to be a representation by the U.S. Borrower that such 13-Week Cash Flow Forecast has been prepared based upon good faith estimates and assumptions that the U.S. Borrower believes were reasonable at the time made (it being understood and agreed that such 13-Week Cash Flow Forecast is not to be viewed as fact and that actual results during the period or periods covered thereby may differ from such projected results).
(ii) If, as of the end of any month following the one year anniversary of the Effective Date, Liquidity is less than $50,000,000, the U.S. Borrower shall deliver a 13-Week Cash Flow Forecast in a form consistent with requirements of the preceding paragraph to the Administrative Agent on the last Business Day of such month.
Week Cash Flow Forecast. On or before Tuesday of each week, commencing November 22, 2016, the PDI Parties shall provide the Lender with a rolling 13-week cash flow forecast together with a variance report to budget for the immediately preceding week.”
4. The IDG Parties hereby represent and warrant that all security interests and liens in the collateral as security for the obligations of the IDG Parties to Lender under Note and Loan Documents related thereto, including the liens, security interests, mortgages, and pledges granted by the IDG Parties under the Guaranty and IP Security Agreement, are valid and enforceable and shall continue unimpaired and in full force and effect, and shall continue to cover and secure all of the IDG Parties’ existing and future obligations to Lender, as modified by this Fifth Amendment.
5. Nothing contained herein shall operate to release any Borrower Party, any Guarantor Party or any other person or persons from their liability to keep and perform the provisions, conditions, obligations, and agreements contained in the Note and the related Loan Documents, except as herein modified, and each Borrower Party and each Guarantor Party, by its joinder hereto, hereby reaffirms that each and every provision, condition, obligation, and agreement in the Loan Documents shall continue in full force and effect, except as herein modified. This Fifth Amendment shall not constitute or be construed as a waiver of any Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default by Borrowers under any of the existing Loan Documents or any of Lender's rights and remedies with respect thereto. The validity, priority and perfection of all security interests and other liens granted or created by the Loan Documents is hereby acknowledged and confirmed, and the Loan Documents shall continue to secure the Loans, as amended by this Amendment, without any change, loss or impairment of the priority of such security interests or other liens.
6. This Fifth Amendment may be signed in any number of counterpart copies and by the parties to this Fifth Amendment on separate counterparts, but all such copies shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Fifth Amendment by facsimile or by .pdf transmission shall be effective as delivery of a manually executed counterpart. Any party so executing this Fifth Amendment by facsimile transmission shall promptly del...
Week Cash Flow Forecast. On the Second Restatement Effective Date and thereafter, no later than 5:00 p.m. (New York City time) on Friday of every second (2nd) calendar week, commencing with the Friday in the first full calendar week following the Second Restatement Effective Date The Borrower shall deliver to the Administrative Agent a 13-week rolling cash flow forecast for Holdings and its Subsidiaries including a forecast of expenditures for the upcoming 13-week period (a “Cash Flow Forecast”), which shall reflect the Borrower’s good faith projection of all weekly cash receipts and disbursements in connection with the operation of its business for the 13-week period beginning on such date of delivery.
Week Cash Flow Forecast. The Borrowers --------------------------------------------- shall submit to each of the Lenders, by the fifteenth (15) day of each month, an updated rolling thirteen (13) week cash flow forecast, similar in form and substance to the report provided to the Lenders at the meeting on March 10, 1998, which report is incorporated herein by reference, whereby the first four (4) week period shall be deleted and updated with the four (4) week period immediately succeeding the last week included in the previous report.
Week Cash Flow Forecast. The Administrative Agent shall have received an initial 13-week cash flow forecast in reasonable detail and otherwise in form and substance acceptable to the Administrative Agent.
