Common use of Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement; Financial Determinations Clause in Contracts

Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement; Financial Determinations. A. Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation. Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. 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 Company, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company 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 Requisite 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) Company shall provide to Administrative Agent and Lenders reconciliation statements between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement; Financial Determinations. A. Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company Holdings to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation. Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. 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 CompanyHoldings, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company Holdings 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 Requisite 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) Company Holdings shall provide to Administrative Agent and Lenders reconciliation statements between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.