Common use of Certain Accounting Terms and Principles Clause in Contracts

Certain Accounting Terms and Principles. Notwithstanding any other provision contained in this Modification or any of the other Loan Documents, all terms of an accounting or financial nature used in the Loan Documents shall be construed, all financial statements delivered pursuant to any of the Loan Documents shall be prepared, and all computations of financial covenants, including amounts and ratios, provided for in this Modification or any of the other Loan Documents shall be made without giving effect to any election under Statement of Financial Accounting Standards 159 (or any other Financial Accounting Standard having a similar result or effect) to value any indebtedness or other liabilities of any Credit Party or any Affiliate of any Credit Party at “fair value,” as defined therein.

Certain Accounting Terms and Principles. Notwithstanding any other provision contained in this Modification or any of the other Loan Documents, all terms of an accounting or financial nature used in the Loan Documents shall be construed, all financial statements delivered pursuant to any of the Loan Documents shall be prepared, and all computations of financial covenants, including amounts and ratios, provided for in this Modification or any of the other Loan Documents shall be made without giving effect to any election under Statement of Financial Accounting Standards 159 (or any other Financial Accounting Standard having a similar result or effect) to value any indebtedness or other liabilities of Borrower, Guarantor or any Credit Party other party obligated under the Loan Documents or any Affiliate of any Credit Party such party at “fair value,” as defined therein.

Certain Accounting Terms and Principles. Notwithstanding any other provision contained in this Modification or any of the other Loan Documents, all terms of an accounting or financial nature used in the Loan Documents shall be construed, all financial statements delivered pursuant to any of the Loan Documents shall be prepared, and all computations of financial covenants, including amounts and ratios, provided for in this Modification or any of the other Loan Documents shall be made without giving effect to any election under Statement of Financial Accounting Standards 159 (or any other Financial Accounting Standard having a similar result or effect) to value any indebtedness Indebtedness or other liabilities of Borrower or any other Credit Party or any Affiliate affiliate of any Credit Party such party at “fair value,” as defined therein.