Common use of Covenant Compliance Clause in Contracts

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.7, 10.4(b), 10.4(c) and 10.6 and any Additional Covenant incorporated herein pursuant to Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 9.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election); and

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 10 during the quarterly or annual period covered by the financial statements then being furnished (including with respect to each such Section, where applicableprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.322.2) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, and Section 10.7 and each Additional or More Restrictive Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculations) from such financial statements that is required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 10 during the quarterly or annual period covered by the statements then being furnished furnished, (including with respect to each such Section, where applicableprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.322.2) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and;

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.7, 10.4(b), 10.4(c) and 10.6 and any Additional Covenant incorporated herein pursuant to Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 9.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculationscalculations and reconciliations to GAAP in the event of a change in the treatment of operating leases under GAAP) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.510.9, inclusive, Section 10.7 and each Additional or More Restrictive Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and.

Covenant Compliance. setting forth the information (including detailed calculations) from such financial statements that is required in order to establish whether the Company was in compliance with the requirements of this Agreement, including Section 10.1 through Section 10.510.11, inclusive, Section 10.7 and each Additional or More Restrictive Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicableprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.322.2) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculationscalculations and reconciliations to GAAP in the event of a change in the treatment of operating leases under GAAP) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.510.9, inclusive, Section 10.7 and each Additional or More Restrictive Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and.”

Covenant Compliance. setting forth the information (including detailed calculations) from such financial statements that is required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 10 during the quarterly or annual period covered by the statements then being furnished furnished, (including with respect to each such Section, where applicableprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.3) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and;

Covenant Compliance. setting forth the information (including detailed calculations) from such financial statements that is required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 10 during the quarterly or annual period covered by the statements then being furnished furnished, (including with respect to each such Section, where applicableprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.322.2) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and

Covenant Compliance. setting forth the information (including detailed calculations) from such financial statements that is required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.5, inclusive, Section 10.7 and each Additional or More Restrictive Covenant 10 during the quarterly or annual period covered by the statements then being furnished furnished, (including with respect to each such Sectionprovision that involves mathematical calculations, the information from such financial statements that is required to perform such calculations) and where applicable, the reasonably detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence). In the event that the Company or any Restricted Subsidiary has made an election to measure any Indebtedness financial liability using fair value (which election is being disregarded for purposes of determining compliance with this Agreement pursuant to Section 22.322.2) as to the period covered by any such financial statement, such Senior Financial Officer’s certificate as to such period shall include a reconciliation from GAAP with respect to such election; and