Common use of Exclusion of Immaterial Subsidiaries Clause in Contracts

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a 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 Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower Company most recently ended, have assets with a value in excess of 5.02.5% of the Consolidated Total Assets or 2.5% of total consolidated assets revenues of the Borrower Company and the its Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h), (i) or (j) of Section 7.01, any reference in any such clause to any “Restricted Subsidiary” shall be deemed not to include any Restricted Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower Holdings most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries Consolidated Total Assets as of such date, provided that if it is necessary to exclude more than one Restricted Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Restricted Subsidiaries shall be considered to be a single consolidated Restricted Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” subsidiary shall be deemed not to include any Subsidiary subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.0% of the Consolidated Total Assets or 5.0% of total consolidated assets revenues of the Borrower Holdings and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a 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 Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause paragraph (h), (i) or (j) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower Intermediate Holdings most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries Consolidated Total Assets as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section 7.02 in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” subsidiary shall be deemed not to include any Subsidiary subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the U.S. Borrower most recently ended, have assets with a value in excess of 5.0% of the Consolidated Total Assets or 5.0% of total consolidated assets revenues of the Borrower Holdings and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” subsidiary (other than the Borrower) shall be deemed not to include any Subsidiary subsidiary (other than the Borrower) affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower Holdings most recently ended, have assets with a value in excess of 5.0% of the Consolidated Total Assets or 5.0% of total consolidated assets revenues of the Borrower Holdings and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a 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 Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, ended have assets with a value in excess of 5.02.5% of the total consolidated assets of the Borrower and the its Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h), (i) or (j) of Section 7.01, any reference in any such clause to any “Restricted Subsidiary” shall be deemed not to include any Restricted Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries Consolidated Total Assets as of such date, ; provided that if it is necessary to exclude more than one Restricted Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Restricted Subsidiaries shall be considered to be a single consolidated Restricted Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (if) or (jg) of Section 7.018.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.05% of the Tangible Assets or 5% of consolidated total consolidated assets revenues, in each case, of the Borrower and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (if) or (jg) of Section 7.01 8.01 pursuant to this Section 8.03 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “"Subsidiary” " shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.02.5% of the Consolidated Total Assets or 2.5% of total consolidated assets revenues of the Borrower and the its Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5% of total consolidated assets revenues of the Borrower and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.03 in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a an Event of Default has occurred under clause (h), (i) or (jl) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower Company most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5% of consolidated total consolidated assets revenues of Holdings, the Borrower Borrowers and the Subsidiaries as of such date; provided, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (jl) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause paragraph (h), (i) or (ji) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower most recently ended, have assets with a value in excess of 5.05% of the consolidated total assets of the Borrower and the Subsidiaries or 5% of the total consolidated assets revenues of the Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause paragraph (h), (i) or (ji) of Section 7.01 pursuant to this Section 7.02 in order to avoid a an Event of Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.

Exclusion of Immaterial Subsidiaries. Solely for the purposes of determining whether a Default has occurred under clause (h), (i) or (j) of Section 7.01, any reference in any such clause to any “Subsidiary” Subsidiary shall be deemed not to include any Subsidiary affected by any event or circumstance referred to in any such clause that did not, as of the last day of the fiscal quarter of the Borrower STX most recently ended, have assets with a value in excess of 5.0% of the total consolidated assets of the Borrower and the Subsidiaries Consolidated Total Assets as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h), (i) or (j) of Section 7.01 pursuant to this Section 7.02 in order to avoid a Default thereunder, all excluded Subsidiaries shall be considered to be a single consolidated Subsidiary for purposes of determining whether the condition specified above is satisfied.. 4159-0000-0000.0