Common use of Change in Accounting Principles Clause in Contracts

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IX, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender and the Borrower, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Sections 8.1 or 8.2 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Borrower Borrower, as applicable, with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Administrative Agent and the Borrower, to so reflect such change in accounting principles. Notwithstanding the foregoing, leases shall continue to be classified and accounted for on a basis consistent with that reflected in the audited consolidated financial statements of the Company for the fiscal year December 31, 2016 for all purposes of this Agreement, notwithstanding any change in GAAP relating thereto, unless the requisite parties hereto shall enter into a mutually acceptable amendment addressing such changes.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 SECTIONS 8.1 or 8.2 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Borrower Borrower, as applicable, with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IXX, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Payment and Disbursement Agent and the Borrower, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Section 7.01 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower and its Subsidiaries with the agreement of its independent certified public accountants and such changes result in a change in the method or results of calculation of any of the covenants, standards or terms found in ARTICLE VIII Article IX and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower and its Subsidiaries shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that (i) no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the Borrower, to so reflect such change in accounting principlesprinciples and (ii) the Borrower shall be deemed to be in compliance with such covenants if and to the extent that the Borrower would have been in compliance therewith under GAAP as in effect immediately prior to such change.

Change in Accounting Principles. FISCAL YEAR OR TAX LAWS. -------------------------------------------------------- If (i) any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 are Section 7.7 hereafter required or permitted occasioned by the promulgation of rules, regulations, pronouncements and opinions of by or required by the Financial Accounting Standards Board or the American Institute of Certified Public Accountants Accounts (or successors thereto or agencies with similar functions) and are adopted (other than changes mandated by the Borrower with the agreement of its independent certified public accountants and such changes FASB 106) result in a material change in the method of calculation of any of the financial covenants, standards or terms found in ARTICLE VIII this Agreement, (ii) there is any change in Borrower's fiscal quarter or fiscal year 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, Borrower and ARTICLE IX, the parties hereto 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 compliance with such covenantsany of the Consolidated Companies, standards and terms by the Borrower financial condition shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations . Unless and until such provisions are have been so amended, in a manner satisfactory to the Lender and the Borrower, to so reflect such change in accounting principlesprovisions of this Agreement shall govern.

Change in Accounting Principles. If If, after the date of this Agreement, there shall occur any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower with the agreement of its independent certified public accountants GAAP and such changes change shall result in a change in the method of calculation of any of the covenantsfinancial covenant, standards standard or terms term found in ARTICLE VIII this Agreement, either the Borrowers or the Required Lenders may by notice to the Lenders and ARTICLE IXthe Borrowers, respectively, require that the parties hereto agree to enter into negotiations Lenders and the Borrowers negotiate in order good faith to amend such provisions covenant, standard, and term so as equitably to equitably reflect such changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Borrower shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender and the Borrower, to so reflect such change in accounting principles, with the desired result being that the criteria for evaluating the financial condition of the Consolidated Group or such covenant, standard or term shall be the same as if such change had not been made. No delay by the Borrowers or the Required Lenders in requiring such negotiation shall limit their right to so require such a negotiation at any time after such a change in accounting principles. Until any such covenant, standard, or term is amended in accordance with this Section 1.3, financial covenants (and all related defined terms) and applicable covenants, terms and standards shall be computed and determined in accordance with GAAP in effect prior to such change in accounting principles. Notwithstanding anything to the contrary in this Agreement or any other Loan Document, for purposes of calculations made pursuant to the terms of this Agreement or any other Loan Document, GAAP will be deemed to treat leases that would have been classified as operating leases in accordance with generally accepted accounting principles in the United States of America as in effect on June 30, 2018 in a manner consistent with the treatment of such leases under generally accepted accounting principles in the United States of America as in effect on June 30, 2018, notwithstanding any modifications or interpretive changes thereto that may occur thereafter.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Section 7.01 are required in connection with the issuance of shares of common stock by a newly formed corporation pursuant to an initial public -160- offering or are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower Borrowers with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII Article IX and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower Bor rowers shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the BorrowerBorrowers, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Section 7.01 are required in connection with the issuance of shares of common stock by a newly formed corporation pursuant to an initial public offering or are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower Borrowers with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII Article IX and ARTICLE IXArticle X, the parties hereto agree to enter into negotiations in order to amend such provisions so as to equitably reflect such 137 changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Borrower Borrowers shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the BorrowerBorrowers, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Sections 8.1 or 8.2 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Borrower Borrowers, as applicable, with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower Borrowers shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Administrative Agent and the BorrowerBorrowers, to so reflect such change in accounting principles. Notwithstanding the foregoing, leases shall continue to be classified and accounted for on a basis consistent with that reflected in the audited consolidated financial statements of the Company for the fiscal year December 31, 2016 for all purposes of this Agreement, notwithstanding any change in GAAP relating thereto, unless the requisite parties hereto shall enter into a mutually acceptable amendment addressing such changes.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 SECTIONS 8.1 or 8.2 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower Borrower, as applicable, with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IXX, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Administrative Agent and the Borrower, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Section 7.01 are hereafter required or permitted by ------------ the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower and its Subsidiaries with the agreement of its independent certified public accountants and such changes result in a change in the method or results of calculation of any of the covenants, standards or terms found in ARTICLE VIII Article IX and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower and its Subsidiaries shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that (i) no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the Borrower, to so reflect such change in accounting principlesprinciples and (ii) the Borrower shall be deemed to be in compliance with such covenants during the sixty (60) day period following any such change in GAAP if and to the extent that the Borrower would have been in compliance therewith under GAAP as in effect immediately prior to such change.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 7.1 or 7.2 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower or TMC with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII and ARTICLE IX, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower and TMC shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Administrative Agent and the Borrower, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements referred to in SECTION 6.01 Section 7.01 are required in connection with the issuance of shares of common stock by a newly formed corporation pursuant to an initial public offering or are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower Borrowers with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII Article IX and ARTICLE IXArticle X, the parties hereto 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 compliance with such covenants, standards and terms by the Borrower Borrowers shall be the same after such changes as if such changes had not been made; PROVIDEDprovided, HOWEVERhowever, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the BorrowerBorrowers, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements Financial Statements referred to in SECTION 6.01 8.01 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower with the agreement of its independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII IX, ARTICLE X, ARTICLE XI and ARTICLE IXSECTION 12.01(o)(ii), the parties hereto 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 compliance with such covenants, standards and terms by the Borrower Bor rower shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the Borrower, to so reflect such change in accounting principles.

Change in Accounting Principles. If any change in the accounting principles used in the preparation of the most recent financial statements Financial Statements referred to in SECTION 6.01 8.01 are hereafter required or permitted by the rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Borrower Borrowers with the agreement of its their independent certified public accountants and such changes result in a change in the method of calculation of any of the covenants, standards or terms found in ARTICLE VIII IX, ARTICLE X, ARTICLE XI and ARTICLE IXSECTION 12.01(O)(II), the parties hereto 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 compliance with such covenants, standards and terms by the Borrower Borrowers shall be the same after such changes as if such changes had not been made; PROVIDED, HOWEVER, that no change in GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Lender Requisite Lenders and the BorrowerASOC, to so reflect such change in accounting principles.