Common use of Negative Covenant Compliance Clause in Contracts

Negative Covenant Compliance. With respect to determining whether the Borrower and its Restricted Subsidiaries comply with any negative covenant in Article VI (other than the Financial Performance Covenants), to the extent that any obligation, transaction or action could be attributable to more than one exception to any such negative covenant, the Borrower may categorize or re-categorize all or any portion of such obligation, transaction or action to any one or more exceptions to such negative covenant that permit such obligation, transaction or action.

Negative Covenant Compliance. With For avoidance of doubt, with respect to determining whether the Borrower and its the Restricted Subsidiaries comply with any negative covenant in Article VI VII (other than the Financial Performance CovenantsSection 7.12), to the extent that any obligation, obligation or transaction or action could be attributable to more than one exception to any such negative covenant, the Borrower may categorize or re-elect to categorize all or any portion of such obligation, obligation or transaction or action to any one or more exceptions to such negative covenant that permit such obligation, transaction obligation or actiontransaction.