FINANCIAL TESTS AMENDED Sample Clauses

FINANCIAL TESTS AMENDED. Section 7.3 of the Credit Agreement is hereby amended in its entirety to be and read as follows:
Sample 1
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FINANCIAL TESTS AMENDED. Section 7.3 of the Credit Agreement is hereby amended in its entirety to be and read as set forth below. The charts headed "With Write-Off" in clauses (a) and (b) below and in Section 9.1(a) of the Credit Agreement (as amended hereby), are applicable in the event, and only in the event, that the Borrower, upon the advice of its independent public accountants, implements, effective as of December 31, 1996, a non-cash write-off of no less than $4,750,000 and no more than $5,000,000 of acquisition costs (the "WRITE-OFF"). In the event that the Borrower, upon the advice of its independent public accountants, implements a non-cash charge to earnings of no more than $2,000,000 because of events contemplated by the Furst Notes and/or the Furst Purchase Agreement (the "FURST CHARGE-OFX"), the Furst Charge-Oxx xxall be excluded for purposxx xx the financial testx xx this Section 7.3.
Sample 1

Related to FINANCIAL TESTS AMENDED

  • Financial Tests The Company hereby certifies and warrants to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Agreement:

  • 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).

  • Financial Covenant Calculations The parties hereto acknowledge and agree that, for purposes of all calculations made in determining compliance for any applicable period with the financial covenants set forth in Section 6.7 and for purposes of determining the Applicable Margin, (i) after consummation of any Permitted Acquisition, (A) income statement items and other balance sheet items (whether positive or negative) attributable to the target acquired in such transaction shall be included in such calculations to the extent relating to such applicable period (including by adding any cost saving synergies associated with such Permitted Acquisition in a manner reasonably satisfactory to the Agent), subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness of a target which is retired in connection with a Permitted Acquisition shall be excluded from such calculations and deemed to have been retired as of the first day of such applicable period and (ii) after any Disposition permitted by Section 6.8), (A) income statement items, cash flow statement items and balance sheet items (whether positive or negative) attributable to the property or assets disposed of shall be excluded in such calculations to the extent relating to such applicable period, subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness that is repaid with the proceeds of such Disposition shall be excluded from such calculations and deemed to have been repaid as of the first day of such applicable period.

  • Compliance; Modification The Asset Representations Reviewer will cooperate with and provide information to the Issuer regarding the Asset Representations Reviewer’s compliance with this Section 4.10. The Asset Representations Reviewer and the Issuer agree to modify this Section 4.10 as necessary from time to time for either party to comply with applicable law.

  • Certain Financial Covenants The Borrower will not:

  • Specific Financial Covenants During the term of this Agreement, and thereafter for so long as there are any Obligations to Lender, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:

  • Modifications to Current Agreement The Current Agreement is amended as follows:

  • to Compliance Certificate Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated:

  • Financial Covenants So long as any Advance or any other Obligation of any Loan Party under any Loan Document shall remain unpaid, any Letter of Credit shall be outstanding or any Lender Party shall have any Commitment hereunder, the Borrower will:

  • Compliance with Financial Covenants Schedule A attached hereto sets forth financial data and computations evidencing the Borrower’s compliance with certain covenants of the Agreement, all of which data and computations are true, complete and correct.

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