Financial Calculations. All financial calculations to be made under, or for the purposes of this Agreement shall be made in accordance with Generally Accepted Accounting Principles and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB from time to time under Section 5.13(a); provided, however, that: (1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIB’s option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and (2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Clearwave N V)
Financial Calculations. All financial calculations to be made under, or for the purposes of of, this Agreement shall be made in accordance with Generally Accepted Accounting Principles and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB EBRD from time to time under Section 5.13(a); provided, however, that:
(1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIBEBRD’s option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 2 contracts
Samples: Revolving Loan Agreement, Revolving Loan Agreement (CHS Inc)
Financial Calculations. All financial calculations to be made under, or for the purposes of this Agreement shall be made in accordance with Generally Accepted Accounting Principles and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB the Bank from time to time under Section 5.13(a); provided, however, that:
(1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIBthe Bank’s option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 1 contract
Samples: Loan Agreement (Clearwave N V)
Financial Calculations. All financial calculations to be made under, or for the purposes of of, this Agreement shall be made in accordance with Generally Accepted Accounting Principles IFRS and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB EBRD from time to time under Section 5.13(a5.14(a); provided, however, that:
(1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIB’s EBRD's option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 1 contract
Financial Calculations. All financial calculations to be made under, or for the purposes of of, this Agreement shall be made in accordance with Generally Accepted Accounting Principles and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB EBRD from time to time under Section 5.13(a5.12(a); provided, however, that:
(1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIBEBRD’s option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 1 contract
Samples: Loan Agreement (CHS Inc)
Financial Calculations. All financial calculations to be made under, or for the purposes of of, this Agreement shall be made in accordance with Generally Accepted Accounting Principles IFRS and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB EBRD from time to time under Section 5.13(a5.04(a); provided, however, that:
(1i) if the relevant quarterly Financial Statements should be in respect of the last fourth quarter of a Financial Year then, at NIB’s option, EBRD's option such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2ii) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 1 contract
Samples: Subordinated Loan Agreement
Financial Calculations. All financial calculations to be made under, or for the purposes of this Agreement shall be made in accordance with Generally Accepted Accounting Principles and, except as otherwise required to conform to the definitions contained in Article I or any other provisions of this Agreement, shall be made using the then most recently issued quarterly Financial Statements which the Borrower is required to furnish to NIB EDC from time to time under Section 5.13(a); provided, however, that:
(1) if the relevant quarterly Financial Statements should be in respect of the last quarter of a Financial Year then, at NIBEDC’s option, such calculations may instead be made from the audited Financial Statements for the relevant Financial Year; and
(2) if there should occur any material adverse change in the financial condition of the Borrower after the end of the period covered by the relevant Financial Statements, then such material adverse change shall also be taken into account in calculating the relevant figures.
Appears in 1 contract
Samples: Loan Agreement (Clearwave N V)