Cash Flow Reporting. On the first Business Day of each calendar week beginning with the first full week following the Effective Date, Borrower shall deliver to the Lender an updated rolling 13-week cash flow forecast (the “13-Week Forecast”), which 13-Week Forecast shall include (x) the immediately following week after the 13-week period contained in the most recently delivered 13-Week Forecast (the “Prior 13-Week Forecast”) and the same (or updated) next 12-week forecast as in the Prior 13-Week Forecast, based on Borrower’s reasonable cash flow projections and consistent with past practice, and showing projected cash flow for the next 13 weeks in addition to a historical comparison of actual performance to projected performance based on the Prior 13-Week Forecast, (y) an updated written report on all of the operations of the Loan Parties, including, without limitation, reporting of variances from budget on a weekly basis and updates on operations and sales, and (z) compliance with Sections 4.05, 4.06 and 4.07 of this Agreement. The 13-Week Forecast shall be certified by the Chief Financial Officer of Borrower, or another authorized officer of Borrower acceptable to the Lenders, as having been prepared in good faith, on a reasonable basis and consistent with past practice.
Appears in 2 contracts
Sources: Forbearance Agreement and Incremental Amendment to Financing Agreement (EVO Transportation & Energy Services, Inc.), Forbearance Agreement and Incremental Amendment to Financing Agreement (Antara Capital LP)