Common use of Statements of Reconciliation after Change in Accounting Principles Clause in Contracts

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company and its Subsidiaries delivered pursuant to Section 5.1(a) or 5.1(b) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

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Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of the Company and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(bSection 5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent;

Appears in 2 contracts

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a) or 5.1(b) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements most recently delivered prior to such change in form and substance reasonably satisfactory to Administrative Agent;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance reasonably satisfactory to Administrative Agent;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc), Credit and Guaranty Agreement (3com Corp)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to the Requisite Lenders and Administrative Agent;

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (Alion Science & Technology Corp), First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a) or 5.1(b) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative AgentAgent provided, that this Section 5.1(d) shall not apply in the event Borrower or Requisite Lenders do not make the request referred to in, and the Credit Documents are not amended in the manner described in, Section 1.2;

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company and its Subsidiaries the Restricted Parties delivered pursuant to Section 5.1(a5.01(b) or 5.1(b5.01(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent; provided, that this Section 5.1(e) shall not apply in the event the First Lien Term Credit Documents are not amended in the manner described in, Section 1.2 of the First Lien Term Credit Agreement;

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Movie Gallery Inc)

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Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent; provided, that this Section 5.1(e) shall not apply in the event Borrower or Requisite Lenders do not make the request referred to in, and the Credit Documents are not amended in the manner described in, Section 1.2;

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(bSection 5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance reasonably satisfactory to Administrative Collateral Agent;; *** Certain confidential information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Financing Agreement (Federal Signal Corp /De/)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Syndication Agent; provided, that this Section 5.1(f) shall not apply in the event Borrower or Requisite Lenders do not make the request referred to in, and the Credit Documents are not amended in the manner described in, Section 1.2;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a) or 5.1(b) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative Agent;

Appears in 1 contract

Samples: Credit Agreement (Molycorp, Inc.)

Statements of Reconciliation after Change in Accounting Principles. If, as a result of any change in accounting principles and policies from those used in the preparation of the Historical Financial Statements, the consolidated financial statements of Company Borrower and its Subsidiaries delivered pursuant to Section 5.1(a5.1(b) or 5.1(b5.1(c) will differ in any material respect from the consolidated financial statements that would have been delivered pursuant to such subdivisions had no such change in accounting principles and policies been made, then, together with the first delivery of such financial statements after such change, one or more a statements of reconciliation (with respect to those items relevant to calculating the covenants in Section 6.7) for all such prior financial statements in form and substance satisfactory to Administrative AgentAgent provided, that this Section 5.1(e) shall not apply in the event Borrower or Requisite Lenders do not make the request referred to in, and the Credit Documents are not amended in the manner described in, Section 1.2;

Appears in 1 contract

Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)

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