Common use of Reporting Treatment of Unrestricted Subsidiaries Clause in Contracts

Reporting Treatment of Unrestricted Subsidiaries. Notwithstanding anything to the contrary contained in this Agreement, so long as the Unrestricted Subsidiaries continue to constitute, in the aggregate, less than 7% of Consolidated Total Capitalization in any fiscal period, the Borrower shall be permitted to include, for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b), and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof), the financial information of such entities on a consolidated basis. If at any time the Unrestricted Subsidiaries shall constitute, in the aggregate, 7% or more of Consolidated Total Capitalization in any fiscal period, the Borrower shall, notwithstanding that Section 5.01(a) and (b) permit the Borrower to comply therewith by delivery of its Quarterly Reports on SEC Form 10-Q and Annual Reports on SEC Form 10-K, either: (a) provide consolidating financial statements setting forth separately the financial information for the Unrestricted Subsidiaries for such period, together with the financial information of such entities on a consolidated basis for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b) and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof) or (b) exclude the financial information on a consolidated basis for the Unrestricted Subsidiaries from the consolidated financial statements required to be delivered by the Borrower for such period pursuant to Sections 5.01(a) and (b). In no event shall the Borrower include financial information of the Unrestricted Subsidiaries for purposes of any determination of compliance with any of the covenants contained in this Article V or Article VI hereof.

Reporting Treatment of Unrestricted Subsidiaries. Notwithstanding anything to the contrary contained in this Agreement, so long as the Unrestricted Subsidiaries continue to constitute, in the aggregate, less than seven percent (7% %) of Consolidated Total Capitalization in any fiscal period, the Borrower shall be permitted to include, for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b), and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof), the financial information of such entities on a consolidated basis. If at any time the Unrestricted Subsidiaries shall constitute, in the aggregate, seven percent (7% %) or more of Consolidated Total Capitalization in any fiscal period, the Borrower shall, notwithstanding that Section 5.01(a) and (b) permit the Borrower to comply therewith by delivery of its Quarterly Reports on SEC Form 10-Q and Annual Reports on SEC Form 10-K, either: (a) provide consolidating financial statements setting forth separately the financial information for the Unrestricted Subsidiaries for such period, together with the financial information of such entities on a consolidated basis for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b) and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof) or (b) exclude the financial information on a consolidated basis for the Unrestricted Subsidiaries from the consolidated financial statements required to be delivered by the Borrower for such period pursuant to Sections 5.01(a) and (b). In no event shall the Borrower include financial information of the Unrestricted Subsidiaries for purposes of any determination of compliance with any of the covenants contained in this Article V or Article VI hereof.

Reporting Treatment of Unrestricted Subsidiaries. Notwithstanding anything to the contrary contained in this Agreement, so long as the Unrestricted Subsidiaries continue to constitute, in the aggregate, less than 7% of Consolidated Total Capitalization in any fiscal period, the Borrower shall be permitted to include, for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b), and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof), the financial information of such entities on a consolidated basis. If at any time the Unrestricted Subsidiaries shall constitute, in the aggregate, 7% or more of Consolidated Total Capitalization in any fiscal period, the Borrower shall, notwithstanding that Section 5.01(a) and (b) permit the Borrower to comply therewith by delivery of its Quarterly Reports on SEC Form 10-Q and Annual Reports on SEC Form 10-K, either: (a) provide consolidating financial statements setting forth separately the financial information for the Unrestricted Subsidiaries for such period, together with the financial information of such entities on a consolidated basis for purposes of the financial reporting requirements contained in Sections 5.01(a) and (b) and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI hereof) or (b) exclude the financial information on a consolidated basis for the Unrestricted Subsidiaries from the consolidated financial statements required to be delivered by the Borrower for such period pursuant to Sections 5.01(a) and (b). In no event shall the Borrower include financial information of the Unrestricted Subsidiaries for purposes of any determination of compliance with any of the covenants contained in this Article V or Article VI hereof.

Reporting Treatment of Unrestricted Subsidiaries. Notwithstanding anything to the contrary contained in this Agreement, so long as the Unrestricted Subsidiaries continue to constituteown, in the aggregate, less than 710% of Consolidated Total Capitalization in any fiscal period, the Borrower Parent Guarantor shall be permitted to include, for purposes of the financial reporting requirements contained in Sections 5.01(a3.1(a) and (b), and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V Sections 4 or Article VI 5 hereof), the financial information of such entities on a consolidated basis. If at any time the Unrestricted Subsidiaries shall constituteown, in the aggregate, 710% or more of Consolidated Total Capitalization in any fiscal period, the Borrower shall, notwithstanding that Section 5.01(a) and (b) permit the Borrower to comply therewith by delivery of its Quarterly Reports on SEC Form 10-Q and Annual Reports on SEC Form 10-K, Parent Guarantor shall either: (a) provide consolidating financial statements setting forth separately the financial information for the Unrestricted Subsidiaries for such period, together with the financial information of such entities on a consolidated basis for purposes of the financial reporting requirements contained in Sections 5.01(a3.1(a) and (b) and only for purposes of such Sections (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI Sections 4 and 5 hereof) or (b) exclude the financial information on a consolidated basis for the Unrestricted Subsidiaries from the consolidated financial statements required to be delivered by the Borrower Parent Guarantor for such period pursuant to Sections 5.01(a3.1(a) and (b). In no event shall the Borrower Parent Guarantor include financial information of the Unrestricted Subsidiaries for purposes of any determination of compliance with any of the covenants contained in this Article V Sections 4 or Article VI 5 hereof.

Reporting Treatment of Unrestricted Subsidiaries. Notwithstanding anything to the contrary contained in this Agreement, so long as the Unrestricted Subsidiaries continue to constituteown, in the aggregate, less than 75% of Consolidated Total Capitalization Assets and contribute less than 5% of Consolidated Net Income in any fiscal period, the Borrower Public Hub Company shall be permitted to include, for purposes of the financial reporting requirements contained in Sections 5.01(aSECTIONS 7.1(A) and (bB), and only for purposes of such Sections SECTIONS (and in no event for purposes of determining compliance with any of the covenants contained in this Article V Sections 9 or Article VI 10 hereof), the financial information of such entities on a consolidated basis. If at any time the Unrestricted Subsidiaries shall constituteown, in the aggregate, 75% or more of Consolidated Total Capitalization Assets or contribute 5% or more of Consolidated Net Income in any fiscal period, the Borrower shall, notwithstanding that Section 5.01(a) and (b) permit the Borrower to comply therewith by delivery of its Quarterly Reports on SEC Form 10-Q and Annual Reports on SEC Form 10-K, Public Hub Company shall either: (a) provide consolidating financial statements setting forth separately the financial information for the Unrestricted Subsidiaries for such period, together with the financial information of such entities on a consolidated basis for purposes of the financial reporting requirements contained in Sections 5.01(aSECTIONS 7.1(A) and (bB) and only for purposes of such Sections SECTIONS (and in no event for purposes of determining compliance with any of the covenants contained in this Article V or Article VI SECTIONS 9 and 10 hereof) or (b) exclude the financial information on a consolidated basis for the Unrestricted Subsidiaries from the consolidated financial statements required to be delivered by the Borrower Public Hub Company for such period pursuant to Sections 5.01(aSECTIONS 7.1(A) and (bB). In no event shall the Borrower Public Hub Company include financial information of the Unrestricted Subsidiaries for purposes of any determination of compliance with any of the covenants contained in this Article V SECTIONS 9 or Article VI 10 hereof.