Common use of Accounting Terms and Determination Clause in Contracts

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements of Xxxxxxxx delivered pursuant to Section 5.1(a); provided, that if Borrower notifies Lender that Borrower wishes to amend any covenant in Article VI to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender notifies Borrower that Xxxxxx wishes to amend Article VI for such purpose), then Borrower's compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower and Lender.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx the Sponsor delivered pursuant to Section 5.1(a6.1(a); provided, that if Borrower the Sponsor notifies Lender the Servicer that Borrower the Sponsor wishes to amend any covenant in Article VI VII to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Servicer notifies Borrower the Sponsor that Xxxxxx wishes the Required Participants wish to amend Article VI VII for such purpose), then Borrower's the Sponsor’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Sponsor and Lenderthe Required Participants.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx the Parent delivered pursuant to Section 5.1(a); provided, that if Borrower the Parent notifies Lender the Administrative Agent that Borrower wishes the Borrowers wish to amend any covenant in Article VI to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Administrative Agent notifies Borrower the Parent that Xxxxxx wishes the Required Lenders wish to amend Article VI for such purpose), then Borrower's the Borrowers’ compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Parent and Lenderthe Required Lenders.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx the Sponsor delivered pursuant to Section 5.1(a6.1(a); provided, that if Borrower the Sponsor notifies Lender the Servicer that Borrower the Sponsor wishes to amend any covenant in Article VI VII to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Servicer notifies Borrower the Sponsor that Xxxxxx wishes the Required Participants wish to amend Article VI VII for such purpose), then Borrower's the Sponsor’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Sponsor and Lenderthe Required Participants.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx the Sponsor delivered pursuant to Section 5.1(a6.1(a); provided, that if Borrower the Sponsor notifies Lender the Servicer that Borrower the Sponsor wishes to amend any covenant in Article VI VII to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Servicer notifies Borrower the Sponsor that Xxxxxx wishes the Required Participants wish to amend Article VI VII for such purpose), then Borrowerthe Sponsor's compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Sponsor and Lenderthe Required Participants.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx Holdings delivered pursuant to Section 5.1(a6.1(a) (or, if no such financial statements have been delivered, on a basis consistent with the audited consolidated financial statements of Holdings last delivered to the Servicer in connection with this Agreement); provided, that if Borrower the Sponsor notifies Lender the Servicer that Borrower the Sponsor wishes to amend any covenant in Article VI VII to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Servicer notifies Borrower the Sponsor that Xxxxxx wishes the Required Participants wish to amend Article VI VII for such purpose), then Borrower's the Sponsor’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Sponsor and Lenderthe Required Participants.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements of Xxxxxxxx the Parent delivered pursuant to Section 5.1(a); provided, that if the Borrower notifies the Lender that the Borrower wishes to amend any covenant in Article VI to eliminate the effect of any change in GAAP on the operation of such covenant (or if the Lender notifies the Borrower that Xxxxxx the Lender wishes to amend Article VI for such purpose), then Borrower's the Parent’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to the Borrower and the Lender.

Accounting Terms and Determination. (a) Unless otherwise defined or specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with GAAP as in effect from time to time, applied on a basis consistent with the most recent audited consolidated financial statements statement of Xxxxxxxx Holdings delivered pursuant to Section 5.1(a6.1(a); provided, that if Borrower the Sponsor notifies Lender the Servicer that Borrower the Sponsor wishes to amend any covenant in Article VI VII to eliminate the effect of any change in GAAP on the operation of such covenant (or if Lender the Servicer notifies Borrower the Sponsor that Xxxxxx wishes the Required Participants wish to amend Article VI VII for such purpose), then Borrower's the Sponsor’s compliance with such covenant shall be determined on the basis of GAAP in effect immediately before the relevant change in GAAP became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to Borrower the Sponsor and Lenderthe Required Participants.