Common use of FAS 159 Clause in Contracts

FAS 159. Notwithstanding any other provision contained herein or in any other Loan Document, all terms of an accounting or financial nature used herein or in any other Loan Document shall be construed, and all computations of amounts and ratios referred to herein or in any other Loan Document shall be made at all times hereafter, without giving effect to any election under Statement of Financial Accounting Standards 159 (or any other Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of any Loan Party or any Subsidiary of any Loan Party at “fair value”, as defined therein.

Appears in 8 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp), Convertible Notes Commitment Agreement (Accuride Corp)

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FAS 159. Notwithstanding any other provision contained herein or in any other Prepetition Loan Document, all terms of an accounting or financial nature used herein or in any other Prepetition Loan Document shall be construed, and all computations of amounts and ratios referred to herein or in any other Prepetition Loan Document shall be made at all times hereafter, without giving effect to any election under Statement of Financial Accounting Standards 159 (or any other Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of any Loan Party or any Subsidiary of any Loan Party at “fair value”, as defined therein.

Appears in 1 contract

Samples: Fourth Amendment and Canadian Forbearance Agreement (Accuride Corp)

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