Common use of Measuring Compliance Clause in Contracts

Measuring Compliance. (a) With respect to any (x) Restricted Payment, Investment, acquisition, merger, amalgamation or similar transaction and (y) repayment, repurchase or refinancing of Indebtedness, Disqualified Stock or Preferred Stock with respect to which a notice of repayment (or similar notice), which may be conditional, has been delivered (each transaction referred to in clause (x) and (y), a “Tested Transaction”), in each case for purposes of determining:

Measuring Compliance. (a) With respect to any (x) Restricted Payment, Investment, acquisition, merger, amalgamation amalgamation, Division or similar transaction and (y) repayment, repurchase or refinancing of Indebtedness, Disqualified Stock or Preferred Stock preferred stock with respect to which a notice of repayment (or similar notice), which may be conditional, has been delivered (each transaction referred to in clause (x) and (y), a “Tested Transaction”)delivered, in each case for purposes of determining:

Measuring Compliance. (a) With respect to any (x) Restricted Payment, Investment, acquisition, merger, amalgamation amalgamation, or similar transaction and (y) repayment, repurchase or refinancing of IndebtednessDebt, Disqualified Stock or Preferred Stock with respect to which a notice of repayment (or similar notice), which may be conditional, has been delivered (each transaction referred to in clause (x) and (y), a “Tested Transaction”)delivered, in each case for purposes of determining: