Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any date of determination thereof by Borrower, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 9 contracts
Samples: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any date of determination thereof by BorrowerXxxxxxxx, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 5 contracts
Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Century Communities, Inc.)
Interpretative Provision. For purposes of Section 10.19.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by BorrowerXxxxxxxx, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent. Unless otherwise expressly stated, if a Person may not take an action under this Agreement, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly.
Appears in 3 contracts
Samples: Credit Agreement (PROS Holdings, Inc.), Credit Agreement (Pfsweb Inc), Credit Agreement (Cryo Cell International Inc)
Interpretative Provision. For purposes of Section 10.19.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by BorrowerBorrowers, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Maxwell W Keith III), Credit Agreement and Guaranty (Via Renewables, Inc.)
Interpretative Provision. For purposes of Section 10.19.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by Borrower, Borrowers or the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (FlexEnergy Green Solutions, Inc.)
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by BorrowerXxxxxxxx, the Required Majority Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent. Unless otherwise expressly stated, if a Person may not take an action under this Agreement, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly.
Appears in 2 contracts
Samples: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Interpretative Provision. For purposes of Section 10.19.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by BorrowerHoldings, Borrowers, or the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Natural Gas Services Group Inc), Credit Agreement (Natural Gas Services Group Inc)
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any date of determination thereof by BorrowerXxxxxxxx, the Required Lenders or as of the last date of any specified measurement period, regardless of when the Fourth Amendment to Credit Agreement financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Bgsf, Inc.)
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any relevant date of determination thereof by BorrowerBorrower or any Lender, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agenteach Lender.
Appears in 1 contract
Interpretative Provision. For purposes of Section 10.19.1, a breach of a financial covenant contained in Article 9 Financial Covenant shall be deemed to have occurred as of any date of determination thereof by Borrower, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 1 contract
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 of this Agreement, or in the Guaranty, shall be deemed to have occurred as of any date of determination thereof by Borrower, Guarantor,, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Guild Holdings Co)
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any date of determination thereof by Borrower, the Required Lenders Borrower and Lender or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative AgentLender.
Appears in 1 contract
Interpretative Provision. For purposes of Section 10.1, a breach of a financial covenant contained in Article 9 shall be deemed to have occurred as of any date of determination thereof by BorrowerBorrowers, the Required Lenders or as of the last date of any specified measurement period, regardless of when the financial statements or the Compliance Certificate reflecting such breach are delivered to Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Sunnova Energy International Inc.)
