Common use of Compliance with Certain Sections Clause in Contracts

Compliance with Certain Sections. In For purposes of determining compliance with Section 10, in the event that any Lien, Investment, Indebtedness (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof), disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, or prepayment of Indebtedness meets the criteria of one, or more than one, of the “baskets” or categories of transactions then permitted pursuant to any clause or subsection of Section 10 or the definition of “Asset Sale,” “Permitted Lien” or “Permitted Investment,” such transaction (or portion thereof) at any time shall be permitted under one or more of such clauses at the time of such transaction or any later time from time to time, in each case, as determined by the Borrower in its sole discretion at such time and thereafter may be reclassified by the Borrower from time to time in any manner not expressly prohibited by this Agreement.

Compliance with Certain Sections. In For purposes of determining compliance with Section 10, in the event that any Lien, Investment, Indebtedness (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof), disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, or prepayment of Indebtedness meets the criteria of one, or more than one, of the “baskets” or categories of transactions then permitted pursuant to any clause or subsection of Section 10 or the definition of “Asset Sale,” “Permitted Lien” or “Permitted Investment,” such transaction (or portion thereof) at any time shall be permitted under one or more of such clauses at the time of such transaction or any later time from time to time, in each case, as determined by the Borrower in its sole discretion at such time and thereafter may be reclassified by the Borrower from time to time in any manner not expressly prohibited by this Agreement.

Compliance with Certain Sections. In For purposes of determining compliance with Section 10, in the event that any Lien, Investment, Indebtedness Indebtedness, Restricted Payment or prepayment of Junior Financing (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof), disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, or prepayment of Indebtedness ) meets the criteria of one, one or more than one, one of the “baskets” or categories of transactions then permitted pursuant to any clause or subsection subsections of Section 10 Article VI or Article II or the definition of “Asset Sale,” “Permitted Lien” or “Permitted InvestmentIncremental Cap,” such transaction (or portion thereof) at any time shall be permitted under one or more of such clauses or subsections at the time of such transaction or any later time from time to time, in each case, as determined by the Borrower in its sole discretion at such time time, and thereafter may be reclassified by the Borrower from time to time may, in its sole discretion, classify and reclassify or later divide, classify or reclassify such Lien, Investment, Indebtedness, Restricted Payment or prepayment of Junior Financing (or any portion thereof) among such clauses in any manner not expressly prohibited by this Agreement.