Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant that, unless otherwise consented to by Majority Lenders, in writing, they shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower on or before the Closing Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 3 contracts
Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant each Borrower covenants that, unless otherwise consented to by Majority Lenders, in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower Borrowers on or before the Closing Date, Borrower Borrowers will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower Borrowers or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is Borrowers are also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant each Borrower covenants that, unless otherwise consented to by Majority Lenders, in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by any Borrower on or before the Closing Date, Borrower Representative will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower Representative or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is Borrowers are also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant Borrower covenants that, unless otherwise consented to by Majority Lenders, Lenders in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower on or before the Closing Restatement Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Restatement Date.
Appears in 1 contract
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant Borrower covenants that, unless otherwise consented to by Majority Lenders, Lenders in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower on or before the Closing Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant Borrower covenants that, unless otherwise consented to by Majority Lenders, in writing, they it shall comply with all of the financial Table of Contents covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower on or before the Closing Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations (other than unasserted contingent indemnity obligations) outstanding, Co-Borrowers covenant that, unless otherwise consented to by Majority Lenders, in writing, they each Borrower covenants that it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower Borrowers on or before the Closing Date, Borrower Borrowers will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower Borrowers or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in establish Borrowers' compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant Borrower covenants that, unless otherwise consented to by Majority Lenders, Lenders in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used ----------- in preparing the audited financial statements delivered to Agent by Borrower on or before the Closing Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant that, unless otherwise consented to by Majority Lenders, Lenders in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited financial statements delivered to Agent by Borrower Borrowers on or before the Closing Date, Borrower Borrowers will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower Borrowers or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also Borrowers are in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Specific Financial Covenants. During the Term, and thereafter for so long as there are any Obligations outstanding, Co-Borrowers covenant Borrower covenants that, unless otherwise consented to by Majority Lenders, Lenders in writing, they it shall comply with all of the financial covenants set forth in Exhibit 8.3 hereto. If GAAP changes from the basis used in preparing the audited ----------- financial statements delivered to Agent by Borrower on or before the Closing Date, Borrower will provide Agent with certificates demonstrating compliance with such financial covenants and will include, at the election of Borrower or upon the request of Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is also in compliance with such financial covenants based upon GAAP as in effect on the Closing Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)