For purposes of Section 9. 1, a breach of a financial covenant contained in Sections 7.22 through 7.25 shall be deemed to have occurred as of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the Agent.
Appears in 3 contracts
Samples: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Unova Inc), Loan Agreement (Unitrin Inc)
For purposes of Section 9. 1, a breach of a financial ----------- covenant contained in Sections 7.22 through 7.25 7.22-7.23 shall be deemed to have occurred as ------------------ of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements or other certificates reflecting such breach are delivered to the Agent.
Appears in 2 contracts
Samples: Credit Agreement (Mail Well Inc), Credit Agreement (Mail Well Inc)
For purposes of Section 9. 1, a breach of a financial covenant contained in Sections 7.22 through 7.25 or 7.24 shall be deemed to have occurred as of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the Agent.
Appears in 2 contracts
Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)
For purposes of Section 9. 1, a breach of a financial covenant contained in any of Sections 7.22 7.24 through 7.25 shall be deemed to have occurred as of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the Agent.
Appears in 1 contract
Samples: Credit Agreement (Gentek Inc)
For purposes of Section 9. 11 (Events of Default), a breach of a financial covenant contained in Sections Section 7.22 (Capital Expenditures) through 7.25 Section 7.27 (Minimum Availability), inclusive, shall be deemed to have occurred as of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the Agent.
Appears in 1 contract
Samples: Credit Agreement (Weston Roy F Inc)
For purposes of Section 9. 1, a breach of a financial covenant contained in Sections 7.22 through 7.25 or 7.23 shall be deemed to have occurred as of any date of determination thereof by the Agent or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the Agent.
Appears in 1 contract
Samples: Credit Agreement (Spherion Corp)
For purposes of Section 9. 1, a breach of a financial covenant contained in Sections 7.22 through 7.25 7.24 shall be deemed to have occurred as of any date of reasonable determination thereof by the Agent Lender or as of the last day of any specified measuring period, regardless of when the Financial Statements reflecting such breach are delivered to the AgentLender.
Appears in 1 contract
