Exclusion of Certain Subsidiaries. Solely for the purposes of determining whether an Event of Default has occurred under clause (h), (i) or (j) of Section 7.01, any reference in any such clause to any subsidiary shall be deemed not to include any Immaterial Subsidiary affected by any event or circumstance referred to in any such clause.
Exclusion of Certain Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h) or (i) of Section 7.01, any reference in any such paragraph to any Restricted Subsidiary shall be deemed not to include any Restricted Subsidiary affected by any event or circumstance referred to in such paragraph that is not a Material Subsidiary; provided that (i) if it is necessary to exclude more than one Restricted Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this paragraph in order to avoid a Default, the aggregate consolidated assets of all such excluded Restricted Subsidiaries as of such last day may not exceed 7.5% of the Consolidated Total Assets of Holdings, the Borrower and the Restricted Subsidiaries and the aggregate consolidated revenues of all such excluded Restricted Subsidiaries for such four fiscal quarter period may not exceed 7.5% of the consolidated revenues of Holdings, the Borrower and the Restricted Subsidiaries and (ii) in no circumstance shall the Borrower be excluded from clause (h) of (i) of Section 7.01.
Exclusion of Certain Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h) or (i) of Section 7.01, any reference in any such paragraph to any Restricted Subsidiary shall be deemed not to include any Restricted Subsidiary affected by any event or circumstance referred to in such paragraph that (a) did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have consolidated total assets that equal 5.0% or more of the consolidated total assets of Holdings and (b) did not have revenues during the four fiscal quarter period of the Borrower most recently ended equal to or greater than 5.0% of the consolidated revenues of Holdings; provided that if it is necessary to exclude more than one Restricted Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this paragraph in order to avoid a Default, the aggregate consolidated assets of all such excluded Restricted Subsidiaries as of such last day may not exceed 5.0% of the consolidated total assets of Holdings and the aggregate consolidated revenues of all such excluded Restricted Subsidiaries for such four fiscal quarter period may not exceed 5.0% of the consolidated revenues of Holdings.
Exclusion of Certain Subsidiaries. In no event shall Chelsea Insurance Company Ltd. be required to be a Loan Party.
Exclusion of Certain Subsidiaries. Solely for the purposes of determining whether a Default has occurred under paragraph (h), (i), (j) or (k) of Section 7.01, any reference in any such paragraph to any Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in such paragraph that (a) did not, as of the last day of the fiscal quarter of the Borrower most-recently ended, have assets with a fair market value equal to or greater than 5.0% of the consolidated total assets of the Borrower and its Subsidiaries as of such date and (b) did not have revenues during the four fiscal quarter period of the Borrower most-recently ended equal to or greater than 7.5% of the consolidated total revenues of the Borrower and its Subsidiaries during such period (any such Subsidiary, an “Insignificant Subsidiary”), provided that if it is necessary to exclude more than one Subsidiary from paragraph (h), (i), (j) or (k) of Section 7.01 pursuant to this paragraph in order to avoid a Default, the aggregate fair market value of the assets of all such excluded Subsidiaries as of such last day may not exceed 15.0% of the consolidated total assets of the Borrower and its Subsidiaries as of such date and the aggregate revenues of all such excluded Subsidiaries for such four fiscal quarter period may not exceed 15.0% of the consolidated total revenues of the Borrower and its Subsidiaries for such period.
Exclusion of Certain Subsidiaries. Solely for the purposes of determining whether a Default has occurred under paragraph (h), (i), (j) or (k) of Section 7.01, any reference in any such paragraph to any subsidiary of the Borrower or Parent, as applicable, shall be deemed not to include any subsidiary affected by any event or circumstance referred to in such paragraph that (a)(i), in the case of the Borrower, did not, as of the last day of the fiscal quarter of the Borrower most-recently ended, have assets with a fair market value equal to or greater than 5.0% of the consolidated total assets of the Borrower and its Subsidiaries as of such date and (ii) in the case of the Parent, did not, as of the last day of the fiscal quarter of the Parent most-recently ended, have assets with a fair market value equal to or greater than 5.0% of the consolidated total assets of the Parent and its subsidiaries as of such date and (b)(i) in the case of the Borrower, did not have revenues during the four fiscal quarter period of the Borrower most-recently ended equal to or greater than 7.5% of the consolidated total revenues of the Borrower and its Subsidiaries during such period and (ii) in the case of the Parent, did not have revenues during the four fiscal quarter period of the Parent most-recently ended equal to or greater than 7.5% of the consolidated total revenues of the Parent and its subsidiaries during such period (any such subsidiary, an “Insignificant Subsidiary”), provided that if it is necessary to exclude more than one subsidiary from paragraph (h), (i), (j) or (k) of Section 7.01 pursuant to this paragraph in order to avoid a Default, (i) in the case of the Borrower, the aggregate fair market value of the assets of all such excluded Subsidiaries as of such last day may not exceed 15.0% of the consolidated total assets of the Borrower and its Subsidiaries as of such date and the aggregate revenues of all such excluded Subsidiaries for such four fiscal quarter period may not exceed 15.0% of the consolidated total revenues of the Borrower and its Subsidiaries for such period and (ii) in the case of the Parent, the aggregate fair market value of the assets of all such excluded subsidiaries as of such last day may not exceed 15.0% of the consolidated total assets of the Parent and its subsidiaries as of such date and the aggregate revenues of all such excluded Subsidiaries for such four fiscal quarter period may not exceed 15.0% of the consolidated total revenues of the Parent and its subsidiaries ...
Exclusion of Certain Subsidiaries. (x) In the case of a Loan Party, solely for the purpose of determining whether a Default or Event of Default has occurred under clause (f), (g) or (h) of Section 8.01, any reference in any such clause to any Loan Party shall be deemed not to include any Immaterial Subsidiary affected by any event or circumstances referred to in any such clause and (y) in the case of any Person comprising the Acquired Business, solely for the purpose of determining whether a Default or Event of Default has occurred under clause (e)(ii), (f) or (g) of Section 8.01, any reference in any such clause to such Person shall be deemed to exclude any Subsidiary (other than TGE GP or TGE) that is not a wholly-owned Subsidiary of TGE GP or any Subsidiary that is an Immaterial Subsidiary but in any event shall include XXX.
Exclusion of Certain Subsidiaries. 28 8.12 Survival of Warranties; Cumulative.................. 28
Exclusion of Certain Subsidiaries. The Borrowers represent and ---------------------------------- warrant that the Borrowers' financial condition as of June 30, 1997 will comply with the covenants contained in paragraphs 9.12, 9.14 and 9.15 of this Agreement without any consideration of the assets and liabilities of the following subsidiaries: Lumex, Cybex Fitness and General Medical.
Exclusion of Certain Subsidiaries. 114 ARTICLE VIII The Administrative Agent ARTICLE IX Miscellaneous SECTION 9.01. Notices .............................................................................................................. 119 SECTION 9.02.
