Common use of Week Cash Flow Forecast Clause in Contracts

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).

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (Digital Turbine, Inc.)

Week Cash Flow Forecast. Within five (5) Business Days after the end of each month monthbiweekly period ending prior to 13-Week Cash Flow Forecast End Date, commencing with the month ending August 31, 20242024biweekly period starting June 23, 2025, 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 AdColony Holdings US, Inc., DIGITAL TURBINE (IL) LTD, Digital Turbine (ILILEMEA) Ltd. Ltd and Fyber B.V. (the “Forecast Parties”) ), which shall be substantially in the form of Exhibit Q, 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).115 206718545

Appears in 1 contract

Sources: Credit Agreement (Digital Turbine, Inc.)