Tested Companies definition

Tested Companies means all Credit Parties.

Tested Companies means Parent and its Subsidiaries, including all Credit Parties, on a Consolidated basis in accordance with GAAP.

Tested Companies means the Company and its Subsidiaries, on a Consolidated basis in accordance with GAAP. “Third Party Claimant” means any (a) lessor, mortgagee, mechanic or repairman, warehouse operator or warehouseman, processor, packager, Consignee, shipper, customs broker, freight forwarder, surety, bailee, or other third party which may have possession of any Collateral (including any Inventory or As-Extracted Collateral) or lienholders’ enforcement rights against any Collateral (including any Inventory or As-Extracted Collateral); or (b) licensor whose rights in or with respect to any Collateral limit or restrict or may, in Administrative Agent’s determination, limit or restrict Credit Parties’ or Administrative Agent’s rights to sell or otherwise dispose of such Collateral. “Third Party Claimant Agreement” means an agreement in form and substance satisfactory to Administrative Agent in each case containing terms requested by or acceptable to Administrative Agent and as the same may be amended, restated, supplemented, or otherwise modified from time to time, among other things, pursuant to which a Third Party Claimant, as applicable and as required by Administrative Agent, (a) waives or, if and to the extent approved by Administrative Agent, subordinates in favor of Administrative Agent any Liens such Third Party Claimant may have in and to any Collateral (including any Inventory or As-Extracted Collateral) and any setoff, recoupment, or similar rights that such Third Party Claimant may have against any Credit Party; or (b) grants Administrative Agent access to Collateral (including any Inventory or As-Extracted Collateral) which may be located on such Third Party Claimant’s premises or in the custody, care, or possession of such Third Party Claimant for purposes of allowing Administrative Agent to inspect, remove or repossess, sell, store, or otherwise exercise its rights under this Agreement or any Security Document with respect to such Collateral; or (c) authorizes Administrative Agent (with or without the payment of any royalty or licensing fee, as determined by or otherwise acceptable to Administrative Agent) to (i) complete the manufacture of work-in-process (if the manufacturing of such Goods (including any Inventory or As-Extracted Collateral) requires the use or exploitation of a Third Party Claimant’s Intellectual Property) and (ii) dispose of Collateral bearing, consisting of, or constituting a manifestation of, in whole or in part, such Third Party Claima...

Examples of Tested Companies in a sentence

• Such Projections shall represent Borrower Representative’s reasonable estimate of the future financial performance of the Tested Companies for the periods set forth therein and shall have been prepared on the basis of assumptions that Borrower Representative believes are fair and reasonable as of the date of preparation in light of current and reasonably foreseeable business conditions (it being understood that actual results may differ from those set forth in such Projections).

• No event or circumstance that, taken alone or in conjunction with other events or circumstances has had, or could reasonably be expected to have, a Material Adverse Effect has occurred since the date of the audited financial statements of the Tested Companies described in the Historical Financial Statements.

• No event or circumstance that, taken alone or in conjunction with other events or circumstances has had, or would reasonably be expected to have, a Material Adverse Effect has occurred since the date of the audited financial statements of the Tested Companies described in the Historical Financial Statements.

• No event or circumstance that, taken alone or in conjunction with other events or circumstances has had, or could be reasonably expected to have, a Material Adverse Effect shall have occurred since the date of the audited financial statements of the Tested Companies described in the Historical Financial Statements.

• No event or circumstance that, taken alone or in conjunction with other events or circumstances has had, or could be expected to have, a Material Adverse Effect shall have occurred since the date of the audited financial statements of the Tested Companies described in the Historical Financial Statements.