Common use of Accounting Terms and Provisions Clause in Contracts

Accounting Terms and Provisions. (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 Credit Agreement shall be prepared in conformity with, IFRS 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 for the fiscal year ending December 31, 2016, 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 shall be based on the carrying amount of the financial liabilities and the effects of IAS 39 or IFRS 9 or similar positions under IFRS on financial liabilities shall be disregarded, in this respect.

Appears in 2 contracts

Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA)

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Accounting Terms and Provisions. (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 Credit Agreement shall be prepared in conformity with, IFRS 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 for the fiscal year ending December 31, 20162010, 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 shall be based on the carrying amount deemed to be carried at 100% of the financial liabilities outstanding principal amount thereof, and the effects of IAS 39 or IFRS 9 or similar positions under IFRS FASB ASC 825 (Financial Instruments) and FASB ASC 470-20 (Debt) on financial liabilities shall be disregarded, in this respect.

Appears in 2 contracts

Samples: Credit Agreement (Euronet Worldwide Inc), Credit Agreement (Euronet Worldwide Inc)

Accounting Terms and Provisions. (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 Credit Agreement shall be prepared in conformity with, IFRS 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 for the fiscal year ending December 31, 2016referenced in Section 6.05, 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 the Borrower and its Subsidiaries shall be based on the carrying amount deemed to be carried at 100% of the financial liabilities outstanding principal amount thereof, and the effects of IAS 39 or IFRS 9 or similar positions under IFRS FASB ASC 825 on financial liabilities shall be disregarded, in this respect.

Appears in 2 contracts

Samples: Credit Agreement (HSN, Inc.), Credit Agreement (HSN, Inc.)

Accounting Terms and Provisions. (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 Credit Agreement shall be prepared in conformity with, IFRS 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 for the fiscal year ending December 31, 2016referenced in Section 5.01(d), 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 shall be based on the carrying amount deemed to be carried at 100% of the financial liabilities outstanding principal amount thereof, and the effects of IAS 39 or IFRS 9 or similar positions under IFRS FASB ASC 825 and FASB ASC 470-20 on financial liabilities shall be disregarded, in this respect.

Appears in 1 contract

Samples: Credit Agreement (Tempur Pedic International Inc)

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Accounting Terms and Provisions. (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 Credit Agreement shall be prepared in conformity with, IFRS 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 for the fiscal year ending December 31, 2016referenced in Section 5.01(k), 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, (i) Indebtedness shall be based on the carrying amount deemed to be carried at 100% of the financial liabilities outstanding principal amount thereof, and the effects of IAS 39 FASB ASC 825 and FASB ASC 470-20 (or IFRS 9 any other Accounting Standards Codification or Financial Accounting Standard having a similar positions under IFRS result or effect) on financial liabilities (including valuing any such Indebtedness in a reduced or bifurcated manner as described therein) shall be disregarded, in this respect.

Appears in 1 contract

Samples: Credit Agreement (Tempur Pedic International Inc)

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