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) or (i) 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 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 revenues of the U.S. Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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) or (i) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets consolidated total assets of the Borrower and the Subsidiaries or 5.05% of the total revenues of the U.S. Borrower and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 7.03 in order to avoid 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 (ij) 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 U.S. Borrower STX most recently ended, have assets with a value in excess of 5.0% of the Consolidated Total Assets or 5.0% of total revenues of the U.S. 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 (ij) of Section 7.01 pursuant to this Section 7.02 in order to avoid an Event of 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 (il) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5.05% of total revenues of the U.S. 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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) or (i) 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 revenues of the U.S. Borrower Holdings and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 U.S. Domestic Borrower most recently ended, have assets with a value in excess of 5.02.5% of the Consolidated Total Assets or 5.02.5% of total revenues of the U.S. Domestic 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5.05% of total revenues of Holdings, the U.S. 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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) or (i) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets consolidated total assets of the Borrower and the Subsidiaries or 5.05% of the total revenues of the U.S. Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 7.03 in order to avoid 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) or (i) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets consolidated total assets of the Borrower and the Subsidiaries or 5.05% of the total revenues of the U.S. Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause paragraph (h) or (i) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 U.S. Borrower Company most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5.05% of consolidated total revenues of Holdings, the U.S. 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (hf) or (ig) of Section 7.018.01, 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Tangible Assets or 5.05% of consolidated total revenues revenues, in each case, of the U.S. Borrower and the Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (hf) or (ig) of Section 7.01 8.01 pursuant to this Section 7.02 8.03 in order to avoid 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) or (i) 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 U.S. Domestic Borrower most recently ended, have assets with a value in excess of 5.02.5% of the Consolidated Total Assets or 5.02.5% of total revenues of the U.S. Domestic Borrower and the its Subsidiaries as of such date, ; provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (ij) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.02.5% of the Consolidated Total Assets or 5.02.5% of total revenues of the U.S. 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 (ij) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets or 5.05% of consolidated total revenues of Holdings, the U.S. Borrower 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 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 revenues of Holdings, the U.S. 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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) or (i) 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 U.S. Borrower most recently ended, have assets with a value in excess of 5.05% of the Consolidated Total Assets consolidated total assets of the Borrower and the Subsidiaries or 5.05% of the total revenues of the U.S. Borrower and the Subsidiaries as of such date, provided that if it is necessary to exclude more than one Subsidiary from clause (h) or (i) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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 (il) 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 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 revenues of the U.S. 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 (il) of Section 7.01 pursuant to this Section 7.02 in order to avoid 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.