Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in Intermet's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 2 contracts
Samples: Credit Agreement (I M Acquisition Corp), Credit Agreement (Intermet Corp)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 6.3 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts Accountants (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal yearyear as provided herein, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Able Telcom Holding Corp)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any change in the preparation of the financial statements referred to in Section 6.07 5.1 or 6.1 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts Accountants (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result results in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in Intermetthe Borrower's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects the Borrower's or any of the Consolidated CompaniesSubsidiaries' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet the Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating Borrower's or any of the Consolidated CompaniesSubsidiaries' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Gold Kist Inc)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 6.09 of the Parent Credit Agreement hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Change in Accounting Principles, Fiscal Year or Tax Laws. If (ia) any preparation of the financial statements referred to in Section 6.07 7A.07 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts Accountants (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106FASB-106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (iib) there is any change in Intermet's fiscal Nelsxx'x xxxcal quarter or fiscal year, or (iiic) there is a material change in federal tax laws which that materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet and Nelsxx xxx the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Nelson Thomas Inc)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal yearyear which is consented to by the Required Lenders, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 7.7 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal yearyear as provided herein, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Office Depot Inc)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 of the Syndicated Revolving Credit Agreement hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated Companies' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders Lender agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated Companies' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Bridge Revolving Credit Agreement (Hughes Supply Inc)
Change in Accounting Principles, Fiscal Year or Tax Laws. If -------------------------------------------------------- (i) any change in the preparation of the financial statements referred to in Section 6.07 5.1 or 6.1 hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts Accountants (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result results in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in Intermetthe Borrower's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects the Borrower's or any of the Consolidated CompaniesSubsidiaries' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet the Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating Borrower's or any of the Consolidated CompaniesSubsidiaries' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amended, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Gold Kist Inc)
Change in Accounting Principles, Fiscal Year or Tax Laws. If (i) any preparation of the financial statements referred to in Section 6.07 7.7. hereafter occasioned by the promulgation of rules, regulations, pronouncements and opinions by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accounts (or successors thereto or agencies with similar functions) (other than changes mandated by FASB 106) result in a material change in the method of calculation of financial covenants, standards or terms found in this Agreement, (ii) there is any change in IntermetBorrower's fiscal quarter or fiscal year, or (iii) there is a material change in federal tax laws which materially affects any of the Consolidated CompaniesBorrower and its Restricted Subsidiaries' ability to comply with the financial covenants, standards or terms found in this Agreement, Intermet Borrower and the Required Lenders agree to enter into negotiations in order to amend such provisions so as to equitably reflect such changes with the desired result that the criteria for evaluating any of the Consolidated CompaniesBorrower and its Restricted Subsidiaries' financial condition shall be the same after such changes as if such changes had not been made. Unless and until such provisions have been so amendedamended in accordance with Section 11.2 hereof, the provisions of this Agreement shall govern.
Appears in 1 contract
Samples: Credit Agreement (Rock Tenn Co)