03accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
03accounting Terms. 33 1.04Rounding. 34
03accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Section 5.01(e).
03accounting Terms. Generally, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect on the date of this Agreement (subject to subsection (a) below) from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein. Notwithstanding the foregoing, for purposes of determining compliance with any covenant (including the computation of any financial covenant) contained herein, Indebtedness of Borrower and its Subsidiaries shall be deemed to be carried at 100% of the outstanding principal amount thereof, and the effects of FASB ASC 825 and FASB ASC 470-20 on financial liabilities shall be disregarded.
03accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein; provided, that for purposes of covenant compliance hereunder all leases by the Borrower and its Subsidiaries shall continue to be accounted for as operating leases or capital leases in accordance with GAAP as in effect immediately prior to the effectiveness of FASB ASC 842.
(b) If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Borrower or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of the Required Lenders); provided that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (ii) the Borrower shall provide to the Administrative Agent and the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. CREDIT AGREEMENT (CONFIRMED THROUGH TENTH AMENDMENT) – PAGE 33
Section 1. 04Rounding. Any financial ratios required to be maintained by the Borrower pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed herein and rounding the result up or down to the nearest number.
03accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
(b) Where reference is made to “the Borrower and the Subsidiaries on a consolidated basis” or similar language, such consolidation shall not include any Subsidiaries of the Borrower other than Subsidiaries.
03accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, as in effect from time to time, except as otherwise specifically prescribed herein.
(b) If at any time any change in GAAP or the application thereof would affect the computation of any requirement set forth in any Loan Document, and either Borrower or the Required Lenders through the Administrative Agent shall so request, the Required Lenders and Borrower shall negotiate in good faith to amend such requirement to preserve the original intent AMERICAS 120651159 55 thereof in light of such change in GAAP or the application thereof (subject to the approval of the Administrative Agent not to be unreasonably withheld, conditioned or delayed); provided that, until so amended, (i) such requirement shall continue to be computed in accordance with GAAP or the application thereof prior to such change therein and (ii) Borrower shall provide to the Administrative Agent and the Lenders a written reconciliation in form and substance reasonably satisfactory to the Required Lenders, between calculations of such ratio or requirement made before and after giving effect to such change in GAAP or the application thereof.
03accounting Terms. 12 Section 1.04Times of Day .............................................................................................12 ARTICLE II AMOUNTS AND TERMS OF THE ADVANCE Section 2.01Advance ....................................................................................................12 Section 2.02Making the Advance .................................................................................12 Section 2.03Additional Fees .........................................................................................13 Section 2.04Termination and Reduction of the Commitment ......................................13 Section 2.05Repayment of the Advance .......................................................................13 Section 2.06Interest on the Advance .............................................................................13 Section 2.07Interest Rate Determination ......................................................................14 Section 2.08Prepayments of the Advance .....................................................................14 Section 2.09Increased Costs .........................................................................................15 Section 2.10Illegality ....................................................................................................17 Section 2.11Extension of the Termination Date ...........................................................17 ARTICLE III PAYMENTS, TAXES, EVIDENCE OF DEBT, ETC Section 3.01Payments Generally ..................................................................................18 Section 3.02Taxes .........................................................................................................18 Section 3.03Evidence of Debt/Borrowings ..................................................................21
03accounting Terms. 27 1.04Rounding.............................................................................................................27 1.05References to Agreements and Laws...................................................................28 1.06Times of Day........................................................................................................28
03accounting Terms. 29 1.04Rounding. 30 1.05Times of Day. 30 1.06Letter of Credit Amounts. 30
