Financial testing. The financial covenants set out in clause 20.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group delivered pursuant to, and defined as such in, clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 (Provision and contents of Compliance Certificate and valuations).
Appears in 2 contracts
Sources: Facility Agreement (DryShips Inc.), Facility Agreement (Quintana Shipping Ltd.)
Financial testing. The financial covenants set out in clause 20.2 (Financial conditioncovenants) shall be calculated in accordance with GAAP on a consolidated basis in force as at the date of this Agreement and tested as of 30 June and 31 December of each financial year of the Guarantor and by reference to each of the Financial Statements financial statements delivered in respect of the Group delivered Guarantor pursuant to, and defined as such in, to clause 19.1 18.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 18.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 2 contracts
Sources: Uncommitted Borrowing Base Facility Agreement (Hafnia LTD), Uncommitted Borrowing Base Facility Agreement (Hafnia LTD)
Financial testing. The financial covenants set out in clause 20.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group financial statements delivered pursuant to, and defined as such in, to clause 19.1 19.2 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 19.3 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 2 contracts
Sources: Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.)
Financial testing. The financial covenants set out in clause 20.2 this Clause 21 (Financial conditionCovenants) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements financial statements of the Group Guarantor and the Compliance Certificate delivered pursuant to, and defined as such in, clause 19.1 under paragraph (c) of Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 (Provision and contents of Compliance Certificate and valuations).. 106
Appears in 2 contracts
Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Financial testing. The financial covenants set out in clause 20.2 Clause 22.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group delivered pursuant to, and defined as such in, clause 19.1 (Financial statements) financial statements and/or each Compliance Certificate delivered pursuant to clause 19.2 Clause 21.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
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Financial testing. The financial covenants set out in clause 20.2 (Financial condition) this Clause shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group financial statements delivered pursuant to, and defined as such in, clause 19.1 to Clause 20.2 (Financial statements) and/or each and the Compliance Certificate Certificates delivered pursuant to clause 19.2 Clause 20.3 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 1 contract
Financial testing. The financial covenants set out in clause 20.2 23.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group delivered pursuant to, and defined as such in, clause 19.1 (Financial statements) financial statements and/or each Compliance Certificate delivered pursuant to clause 19.2 22.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
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Financial testing. (a) The financial covenants set out in clause Clause 20.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis applicable to the Original Financial Statements of the Company and tested by reference to each of the Financial Statements of the Group financial statements delivered pursuant toto paragraphs (a), (c) and defined as such in, clause (e) of Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause Clause 19.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
(b) For the purpose of this Clause 20, no item shall be included or excluded more than once in any calculation.
Appears in 1 contract
Financial testing. The financial covenants set out in clause 20.2 Clause 21.3 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements of the Group delivered pursuant to, to Clause 20.1.2 and defined as such in, clause 19.1 Clause 20.1.3 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 Clause 20.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 1 contract
Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Financial testing. The financial covenants set out in clause 20.2 Clause 21.2 (Financial conditionCondition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the Financial Statements financial statements of the Group Guarantor delivered pursuant to, to paragraphs 19.1.1 and defined as such in, clause 19.1.2 of Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause Clause 19.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 1 contract
Financial testing. The financial covenants set out in clause Clause 20.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis and tested by reference to each of the most recent Filed Financial Statements of the Group delivered pursuant to, and defined as such in, clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to clause 19.2 (Provision and contents of Compliance Certificate and valuations)Statements.
Appears in 1 contract
Sources: Secured Facility Agreement (Amkor Technology, Inc.)
Financial testing. The financial covenants set out in clause 20.2 (Financial condition) shall be calculated in accordance with GAAP on a consolidated basis (or if the Annual Financial Statements are prepared in accordance with IFRS, IFRS) and tested by reference to each of the Financial Statements of the Group delivered pursuant to, and defined as such in, clause 19.1 (Financial statements) financial statements and/or each Compliance Certificate delivered pursuant to clause 19.2 (Provision and contents of Compliance Certificate and valuationsCertificate).
Appears in 1 contract