Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 12 contracts
Samples: Credit Facility Agreement (Sibanye Gold LTD), Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause clause 20.2 (Financial condition) shall be calculated in accordance with GAAP or, as the case may require, IFRS and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause clause 19.2 (Provision and contents of Compliance Certificate).
Appears in 6 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.1 (Financial Statements) and Clause 19.2 (Compliance Certificate).
Appears in 4 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Bridge Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause 20.2 20.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each and Compliance Certificate Certificates delivered pursuant to Clause 19.1 (Financial statements) and Clause 19.2 (Provision and contents of Compliance Certificate)Certificates) in respect of the Relevant Period.
Appears in 4 contracts
Samples: Facility Agreement (China TransInfo Technology Corp.), Facility Agreement (China Security & Surveillance Technology, Inc.), Facility Agreement (Harbin Electric, Inc)
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Senior Facilities Agreement (Alliance Data Systems Corp), Facilities Agreement (Analex Corp), Facility Agreement (Westway Group, Inc.)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested for each Relevant Period by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Misys PLC), Multicurrency Revolving Credit Facility Agreement (Misys PLC), Senior Subordinated Credit Agreement (Misys PLC)
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Financial testing. The financial covenants set out in Clause 20.2 19.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 18.5 (Compliance Certificate).
Appears in 2 contracts
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Financial testing. The financial covenants set out in Clause clause 20.2 (Financial condition) shall be calculated in accordance with GAAP and tested by reference to each of the financial statements delivered pursuant to clause 19.2 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 clause 19.3 (Provision and contents of Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.)
Financial testing. The Subject to Clause 18.2(d) (Form of financial statements), the financial covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be calculated in accordance with the generally accepted accounting principles in the jurisdiction of incorporation of the Borrower and tested by reference to each of the financial statements delivered pursuant to Clause 18.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance 18.3(Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (SK Ecoplant Co., Ltd.), Facility Agreement (SK Ecoplant Co., Ltd.)
Financial testing. The financial covenants set out in this Clause 20.2 (Financial condition) 19 shall be tested tested:
(a) by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 18.1 (Financial Statements) and Clause 18.2 (Compliance Certificate); and
(b) following the first full Fiscal Quarter of the Borrower after the date of Technical Completion.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc)
Financial testing. The financial covenants set out in Clause 20.2 20.3 (Financial condition) shall be calculated in accordance with IFRS and tested by reference to each of the financial statements delivered pursuant to paragraphs (a) and (b) of Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)
Financial testing. The financial covenants set out in Clause 20.2 19 (Financial conditionFINANCIAL CONDITION) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 17 (Compliance CertificateFINANCIAL INFORMATION).
Appears in 2 contracts
Samples: Senior Term Facility Agreement (United Surgical Partners International Inc), Senior Term Facility Agreement (United Surgical Partners International Inc)
Financial testing. The financial covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be tested by reference to each the most recent set of the financial statements and/or each Compliance Certificate delivered for the Relevant Period pursuant to Clause 19.2 19 (Compliance CertificateInformation Undertakings).
Appears in 2 contracts
Samples: Bpifae Facility Agreement (Globalstar, Inc.), Bpifae Facility Agreement (Globalstar, Inc.)
Financial testing. The financial covenants set out in this Clause 20.2 (Financial condition) 20 shall be tested by reference to each the most recent set of the financial statements and/or each Compliance Certificate delivered for the Relevant Period pursuant to Clause 19.2 19 (Compliance CertificateInformation Undertakings).
Appears in 2 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)
Financial testing. The financial covenants set out in Clause 20.2 22.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 21.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (VTTI Energy Partners LP)
Financial testing. The financial covenants set out in Clause 20.2 24.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 23.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Facilities Agreement (Benfield Greig Group PLC)
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to paragraphs (a), (b)(i) and (b)(ii) (as applicable) of Clause 19.1 (Financial statements) and Clause 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Loan Agreement (Hanarotelecom Inc)
Financial testing. The financial covenants set out in Clause 20.2 20.5 (Financial conditionCondition) shall be tested taken by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).. 93954-4-1-v3.0 -63- 70-40529536
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Financial testing. The financial covenants set out in Clause 20.2 20.3 (Financial conditionConditions) shall be tested by reference to each of the annual financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Tercica Inc)
Financial testing. The financial covenants set out in Clause 20.2 22 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20 (Compliance CertificateFinancial Information).
Appears in 1 contract
Samples: Senior Credit Agreement (Transworld Healthcare Inc)
Financial testing. (a) The financial covenants set out in Clause 20.2 21.2 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to paragraphs (a)(i) or (b) of Clause 20.1 (Financial Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Facilities Agreement (Octel Corp)
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause Clauses 19.1 (Financial statements) and 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Zar Revolving Credit Facility Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause 20.2 21.3 (Financial condition) shall be calculated in accordance with GAAP and tested by reference to each of the financial statements Financial Statements delivered pursuant to Clause 20.1.2 and Clause 20.1.3 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Financial testing. The Compliance with the financial covenants covenant set out in Clause 20.2 21.2 (Financial conditionCondition) shall be tested determined by reference to each of the financial statements Quarterly Financial Statements delivered pursuant to paragraphs Clause 20.1 (Financial Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Provision and Contents of Compliance Certificate).
Appears in 1 contract
Samples: Term Loan Facility Agreement (Amc Entertainment Holdings, Inc.)
Financial testing. The financial covenants set out in Clause 20.2 22.2 (Financial condition) shall be calculated in accordance with GAAP and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 21.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants Financial Covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be calculated in accordance with the applicable Accounting Principlesand tested by reference to each of the referencethe t financial statements and/or each Compliance Certificate (whether audited or unaudited) delivered pursuant to Clause 19.2 (Financial statements) and_each Compliance Certificate).
Appears in 1 contract
Samples: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.)
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the financial statements Financial Statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested semi-annually by reference to each of the Parent’s consolidated financial statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants covenant set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Alliance Data Systems Corp)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested semi-annually by reference to each of the Borrower’s consolidated financial statements delivered pursuant to and/or each Compliance Certificate delivered with respect to any such consolidated financial statements pursuant to Clause 19.2 20.1 (Financial statements) and Clause 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the relevant financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate)) (in each case) in respect of the relevant Testing Date.
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 (Financial conditionCondition) shall be tested taken by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be calculated in accordance with the HKFRS and tested by reference to each of the financial statements delivered pursuant to of Clause 18.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be calculated in accordance with GAAP and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate)most recent Filed Financial Statements.
Appears in 1 contract
Samples: Secured Facility Agreement (Amkor Technology, Inc.)
Financial testing. The financial covenants set out in Clause 20.2 22.2 (Financial condition) and the requirements of Clause 22.3 (Capital Expenditure) shall be tested by reference to each of the financial statements and/or each Compliance Certificate (and the accompanying financial statements) and Auditor’s Report delivered pursuant to Clause 19.2 21.2 (Compliance CertificateCertificates).
Appears in 1 contract
Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Financial testing. The financial covenants Financial Covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be calculated in accordance with the applicable Accounting Principles and tested by reference to each of the latest financial statements and/or each Compliance Certificate (whether audited or unaudited) delivered pursuant to Clause 19.2 (Financial statements) and each Compliance Certificate).
Appears in 1 contract
Samples: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.)
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) and Clause 21.2 (Capital Expenditure and Investments) shall be tested by reference to each of the financial statements and/or each and Compliance Certificate Certificates delivered pursuant to Clause 19.2 20.1 (Financial statements) and Clause 20.2 (Provision and contents of Compliance Certificate)Certificates) in respect of the Relevant Period.
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 20.2 (Quarterly Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.4 (Compliance CertificateCertificates).
Appears in 1 contract
Samples: Credit Agreement (NTL Inc/De/)
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditioncovenants) shall be tested by reference to each of the financial statements and/or each Compliance Certificate and interim reports delivered pursuant to Clause 19.2 20.1(a) (Compliance CertificateInformation undertakings).
Appears in 1 contract
Samples: Credit Agreement (Sappi LTD)
Financial testing. The financial covenants set out in Clause 20.2 clause 20.3 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the quarterly financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Samples: Secured Revolving Facility Agreement (Klondex Mines LTD)
Financial testing. The financial covenants set out in Clause 20.2 20.1 (Financial condition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate)) and the applicable Measurement Period.
Appears in 1 contract
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested semi-annually by reference to each of the Company’s consolidated financial statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 18.2 (Financial condition) shall be tested by reference to each of the annual audited financial statements and/or and semi-annual unaudited financial statements as well as each Compliance Certificate delivered pursuant to Clause 19.2 17.2 (Compliance Certificate).
Appears in 1 contract
Samples: Facility Agreement (Sterlite Industries (India) LTD)
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the annual audited financial statements and/or and semi-annual unaudited financial statements as well as each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 1 contract
Samples: Term Facility Agreement (Sterlite Industries (India) LTD)
Financial testing. The financial covenants set out in this Clause 20.2 20 (Financial conditionCondition) shall be tested by reference to and as at the date of each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial Statements).
Appears in 1 contract
Samples: Single Currency Term Facility Agreement (General Geophysics Co)