Common use of Accounting Methods Clause in Contracts

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirements) or enter into, modify, or terminate any agreement currently existing or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent information regarding Borrower’s and its Subsidiaries’ financial condition.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc)

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Accounting Methods. Modify or change their its fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsSEC) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Companies’ or Foreign Companies’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent the Lender information regarding Borrower’s and its SubsidiariesCompanies’ or Foreign Companies’ financial condition.

Appears in 2 contracts

Samples: Unsecured Loan Agreement (Midway Games Inc), Subordinated Loan Agreement (Midway Games Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers' or their Domestic Subsidiaries' accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s Borrowers' and its their Domestic Subsidiaries' financial condition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 2 contracts

Samples: Credit Agreement (Silicon Graphics Inc), Credit Agreement (Emrise CORP)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) in any material respect or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent the Lender information regarding Borrower’s and its Subsidiaries’ financial condition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Domestic Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s Borrowers’ and its their Domestic Subsidiaries’ financial condition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Matrix Geophysical, Inc.), Loan and Security Agreement (Seitel Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Parent’s, Borrowers’ or their respective Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Parent’s, Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trust Created February 25 1986), Loan and Security Agreement (Evergreen Holdings Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s and its SubsidiariesBorrowers’ financial condition.

Appears in 2 contracts

Samples: Credit Agreement (Trizetto Group Inc), Credit Agreement (Trizetto Group Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Loan Parties’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s Loan Parties’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsSEC) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Foreign Companies or Companies’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent the Lender information regarding Borrower’s and its SubsidiariesForeign Companies or Companies’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Midway Games Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into into, with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Sitel Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their respective Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Borrowers’ and its their respective Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers' or their Subsidiaries' accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s Borrowers' and its their Subsidiaries' financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Elxsi Corp /De//)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsrules and regulations) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Holdco, LLC)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s the Collateral or Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming, LLC)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Material Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s and its Material Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Lexar Media Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s 's or its Subsidiaries' accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s 's and its Subsidiaries' financial condition.. LOAN AND SECURITY AGREEMENT - Page 50 --------------------------

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Asset Management Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of BorrowerParent’s and its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding BorrowerParent’s and its Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Bookham, Inc.)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding the Collateral or Borrower’s and or its SubsidiariesAffiliates’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Energy Focus, Inc/De)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Domestic Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s and its Domestic Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Infocus Corp)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply in accordance with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s and its Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Overstock Com Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Administrative Agent information regarding Borrower’s and its Subsidiaries’ financial conditioncondition to the extent permitted by applicable law or regulation.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required by any Governmental Authority or to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrowerany Credit Party’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Agent, to the same extent previously available to Agent, information regarding Borrowersuch Credit Party’s and its Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Portrait Corp of America, Inc.)

Accounting Methods. Modify or change their fiscal year Fiscal Year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Loan Parties’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Loan Parties’ and its their Subsidiaries’ financial conditioncondition as reasonably requested by Agent.

Appears in 1 contract

Samples: Credit Agreement (Plato Learning Inc)

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Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent the DIP Lenders information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of BorrowerParent’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding BorrowerParent’s and its Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (GXS Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirements) or enter into, modify, or terminate any agreement currently existing or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s 's accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent information regarding Borrower’s 's and its Subsidiaries' financial condition.

Appears in 1 contract

Samples: Registration Rights Agreement (Bakers Footwear Group Inc)

Accounting Methods. Modify Materially modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent information regarding Borrower’s and its SubsidiariesBorrowers’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Silicon Graphics Inc)

Accounting Methods. (a) Modify or change their its fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or (b) enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrower Parties’ or their respective consolidated Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Agents information regarding Borrower’s Borrower Parties’ and its their respective consolidated Subsidiaries’ financial conditioncondition as required hereunder.

Appears in 1 contract

Samples: Loan Agreement and Guaranty (Foster Wheeler LTD)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into into, with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Administrative Agent information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Credit Agreement (Sitel Corp)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or its Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s and its Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Scheib Earl Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s or Guarantor’s accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s and its Subsidiaries’ or Guarantor’s financial condition.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Techprecision Corp)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required or permitted to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s 's or its Subsidiaries' accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s 's and its Subsidiaries' financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Swank, Inc.)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Parent’s, Borrowers’ or their respective Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Parent’s, Borrowers’ and its their respective Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Paincare Holdings Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsSEC) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Foreign Companies or Companies’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s and its SubsidiariesForeign Companies or Companies’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Midway Games Inc)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s the Borrowers’ accounting records in a manner that would result in said accounting firm or service bureau declining to provide Agent the Agents with information regarding Borrower’s the Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc)

Accounting Methods. Modify or change their its fiscal year or materially modify or change their its method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsGAAP) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Loan Parties’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent Lender information regarding Borrower’s Loan Parties’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Marlin Business Services Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP or to comply with SEC reporting requirementsrequired by applicable law) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers’ or their Subsidiaries’ accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Borrowers’ and its their Subsidiaries’ financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (GNLV Corp)

Accounting Methods. Modify or change their fiscal year or materially modify or change their method of accounting (other than as may be required to conform to GAAP GAAP) or to comply with SEC reporting requirementsas required by applicable law) or enter into, modify, or terminate any agreement currently existing existing, or at any time hereafter entered into with any third party accounting firm or service bureau for the preparation or storage of Borrower’s Borrowers' or their Subsidiaries' accounting records in a manner that would result in without said accounting firm or service bureau declining agreeing to provide Agent information regarding Borrower’s Borrowers' and its their Subsidiaries' financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Aegis Communications Group Inc)

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