Common use of Pro Forma Compliance with Financial Covenants Clause in Contracts

Pro Forma Compliance with Financial Covenants. The Borrower shall be in pro forma compliance with the Financial Covenants (assuming for this purpose that a Compliance Date has occurred) after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 6.2 have been satisfied.

Pro Forma Compliance with Financial Covenants. The Borrower shall be in On a pro forma compliance with the Financial Covenants (assuming for this purpose that a Compliance Date has occurred) basis, after giving effect to the extensions Transactions, the Borrower shall be in compliance with each of credit requested the Financial Covenants as of the last day of the most recent fiscal quarter for which Financial Statements are required to have been filed with the SEC, with evidence of such compliance to be made on such date. Each borrowing by and issuance of reflected in a Letter of Credit on behalf certificate from the Responsible Officer of the Borrower hereunder shall constitute a representation delivered to Agent and warranty by the Borrower Lenders as of the date of Closing Date, certifying as to such extension of credit that the conditions contained in this Section 6.2 have been satisfied.compliance. (xxiii)

Pro Forma Compliance with Financial Covenants. The Borrower shall be in pro forma compliance with the Financial Covenants (assuming for this purpose that a Compliance Date has occurred) after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 6.2 have been satisfied.”

Pro Forma Compliance with Financial Covenants. The Borrower shall be in On a pro forma compliance with the Financial Covenants (assuming for this purpose that a Compliance Date has occurred) basis, after giving effect to the extensions Transactions, the Borrower shall be in compliance with each of credit requested the Financial Covenants as of the last day of the most recent fiscal quarter for which Financial Statements are required to have been filed with the SEC, with evidence of such compliance to be made on such date. Each borrowing by and issuance of reflected in a Letter of Credit on behalf certificate from the Responsible Officer of the Borrower hereunder shall constitute a representation delivered to Agent and warranty by the Borrower Lenders as of the date of Closing Date, certifying as to such extension of credit that the conditions contained in this Section 6.2 have been satisfiedcompliance.