Common use of Information and Financial Data Clause in Contracts

Information and Financial Data. (a) The Loan Parties shall provide the Lenders by no later than 5:00 p.m. (prevailing Eastern Time) on the Friday of each week during the Forbearance Period (i) a cash variance report showing receipts and disbursements for each of the two previous weeks and (ii) a report showing actual and current balances in any and all bank accounts (each such report, an “Account Balance Report”). The Loan Parties shall provide to the Lenders within 30 days after the end of each calendar month for Parent and its domestic subsidiaries and within 60 days after the end of each calendar month for Parent and its foreign subsidiaries, unaudited consolidated and consolidating balance sheets for Parent and its subsidiaries as at the end of such calendar month, and the related consolidated and consolidating statements of income or operations, shareholders’ (or members’) equity, and cash flows for such calendar month and the portion of the calendar year then ended (setting forth, in each case in comparative form, the figures for the corresponding portion of the previous calendar year), all in reasonable detail (and in each case, with detail by operating region, including North American operations and European operations) (the “Monthly Reporting”). (b) On the last Friday of each month, on or before 5:00 pm (prevailing Eastern Time) on such Friday, the Loan Parties shall prepare and deliver to the Lenders, for review by the Lenders and approval by the Required DDTL Approving Lenders, an updated week-by-week operating budget for the then subsequent month (each, a “Budget” and, once approved as set forth below, the “Approved Budget”), which shall reflect the Loan Parties’ good-faith projection for the Parent and its respective subsidiaries of (i) all weekly receipts (including from asset sales) and expenditures (including ordinary course operating expenses and any other fees and expenses related to the Loan Documents) in connection with the operation of their businesses, (ii) weekly disbursements, and (iii) net cash flow, in each case, for such month. Together with delivery of the Budget, the Loan Parties shall provide the Lenders a variance report (“Variance Report”) in a form and substance reasonably acceptable to the Required DDTL Approving Lenders, comparing the actual receipts, disbursements, and net cash flow for such month through the immediately preceding week compared to the Approved Budget, both in dollar ($) and percentage (%) figures and an explanation of the variance. Each week promptly after the delivery of the Variance Report, the Loan Parties’ senior management and financial professionals shall review the Variance Report in detail during a telephonic conference with the Lenders. If the proposed Budget was timely delivered and contains the requisite information, the Required DDTL Approving Lenders shall have until 2:00 p.m. (prevailing Eastern Time) on the first Business Day of the following week to review any Budget after which time such Budget shall become an Approved Budget for all purposes hereunder; provided, no such Budget shall become an Approved Budget if reasonably objected to in writing (which may include email) during the review period by the Required DDTL Approving Lenders. (c) The Administrative Borrower agrees to provide the Lenders by no later than 5:00 p.m. (prevailing Eastern Time) on every second Friday of each month and every last Friday of each month, beginning with the week of October 14, 2024, during the Forbearance Period (i) an updated 13-week statement of projected receipts and disbursements (each such statement, a “Rolling 13-Week Cash Flow Forecast”) and (ii) a variance report showing the variance between actual receipts and disbursements through the prior two weeks and the immediately prior Rolling 13-Week Cash Flow Forecast.

Information and Financial Data. (a) The Loan Parties Company shall provide the Forbearing Lenders by no later than 5:00 p.m. (prevailing Eastern Time) on the Friday of each week during the Forbearance Period (i) a cash variance report showing receipts and disbursements for each of the two previous weeks and (ii) a report showing actual and current balances in any and all bank accounts (each such report, an “Account Balance Report”). The Loan Parties Company shall provide to the Forbearing Lenders within 30 days after the end of each calendar month for Parent Holdings and its domestic subsidiaries and within 60 days after the end of each calendar month for Parent Holdings and its foreign subsidiaries, unaudited consolidated and consolidating balance sheets for Parent Holdings and its subsidiaries as at the end of such calendar month, and the related consolidated and consolidating statements of income or operations, shareholders’ (or members’) equity, and cash flows for such calendar month and the portion of the calendar year then ended (setting forth, in each case in comparative form, the figures for the corresponding portion of the previous calendar year), all in reasonable detail (and in each case, with detail by operating region, including North American operations and European operations) (the “Monthly Reporting”). (b) On the every second Friday of each month and every last Friday of each month, on or before 5:00 pm (prevailing Eastern Time) on such Friday, the Loan Parties Company shall prepare and deliver to the Forbearing Lenders, for review by the Lenders and approval by the Required DDTL Approving Forbearing Lenders, an updated week-by-week operating budget for the then subsequent month (each, a “Budget” and, once approved as set forth below, the “Approved Budget”), which shall reflect the Loan Parties’ Company’s good-faith projection for the Parent Administrative Borrower and its respective subsidiaries of (i) all weekly receipts (including from asset sales) and expenditures (including ordinary course operating expenses and any other fees and expenses related to the Loan Documents) in connection with the operation of their businesses, (ii) weekly disbursements, and (iii) net cash flow, in each case, for such month. Together with delivery of the Budget, the Loan Parties Company shall provide the Forbearing Lenders a variance report (“Variance Report”) in a form and substance reasonably acceptable to the Required DDTL Approving Forbearing Lenders, comparing the actual receipts, disbursements, and net cash flow for such month through the immediately preceding week compared to the Approved Budget, both in dollar ($) and percentage (%) figures and an explanation of the variance. Each week promptly after the delivery of the Variance Report, the Loan Parties’ Administrative Borrower’s senior management and financial professionals shall review the Variance Report in detail during a telephonic conference with the Forbearing Lenders. If the proposed Budget was timely delivered and contains the requisite information, the Required DDTL Approving Forbearing Lenders shall have until 2:00 p.m. (prevailing Eastern Time) on the first Business Day of the following week to review any Budget after which time such Budget shall become an Approved Budget for all purposes hereunder; provided, no such Budget shall become an Approved Budget if reasonably objected to in writing (which may include email) during the review period by the Required DDTL Approving Forbearing Lenders. (c) The Administrative Borrower Company agrees to provide the Forbearing Lenders by no later than 5:00 p.m. (prevailing Eastern Time) on every second Friday of each month and every last Friday of each month, beginning with the week of October 14, 2024, during the Forbearance Period (i) an updated 13-week statement of projected receipts and disbursements (each such statement, a “Rolling 13-Week Cash Flow Forecast”) and (ii) a variance report showing the variance between actual receipts and disbursements through the prior two weeks and the immediately prior Rolling 13-Week Cash Flow Forecast.