Common use of Accounting Principles; Subsidiaries Clause in Contracts

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation and consolidating principles, and covenants, representations and agreements with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.11, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements provided hereunder (or if prior to delivery of the first such annual audited financial statements hereunder, then on a basis consistent with the audited financial statements delivered to Lender prior to the date hereof; provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, the Lender shall object to determination of compliance with the financial covenant in Section 8.11 on such basis, within thirty (30) days after delivery of such financial statements, then such calculations shall be made on a basis consistent with the most recent financial statements delivered as to which no such objection shall have been made.

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation consolidated and consolidating principles, and covenants, representations and agreements with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.118.15, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements Financial Statements provided hereunder (or if prior to delivery of the first such annual audited financial statements Financial Statements hereunder, then on a basis consistent with the annual audited financial statements delivered to Lender prior to the date hereofFinancial Statements referenced in Section 5.10); provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, the Lender (i) Borrower Representative shall object to determination of compliance with the financial covenant covenants in Section 8.11 8.15 on such basis, basis or (ii) Administrative Agent or Requisite Lenders shall object to determination of compliance therewith on such basis within thirty (30) days after delivery of such financial statementsFinancial Statements, then such calculations shall be made on a basis consistent with the most recent financial statements Financial Statements delivered as to which no such objection shall have been made.

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation and consolidating principles, and covenants, representations and agreements with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.117.17 and Schedule 7.17, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements Financial Statements provided hereunder (or if prior to delivery of the first such annual audited financial statements Financial Statements hereunder, then on a basis consistent with the annual audited financial statements delivered to Lender prior to the date hereofFinancial Statements referenced in Section 4.10); provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, (a) the Lender Borrower shall object to determination of compliance with the financial covenant covenants in Section 8.11 7.17 on such basis, basis or (b) the Administrative Agent or the Requisite Lenders shall object to determination of compliance therewith on such basis within thirty (30) days after delivery of such financial statementsFinancial Statements, then such calculations shall be made on a basis consistent with the most recent financial statements Financial Statements delivered as to which no such objection shall have been made.

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation and consolidating principles, and covenants, representations and agreements with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.117.17, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements Financial Statements provided hereunder (or if prior to delivery of the first such annual audited financial statements Financial Statements hereunder, then on a basis consistent with the annual audited financial statements delivered to Lender prior to the date hereofFinancial Statements referenced in Section 4.10); provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, (a) the Lender Borrower shall object to determination of compliance with the financial covenant covenants in Section 8.11 7.17 on such basis, basis or (b) the Administrative Agent or the Requisite Lenders shall object to determination of compliance therewith on such basis within thirty (30) days after delivery of such financial statementsFinancial Statements, then such calculations shall be made on a basis consistent with the most recent financial statements Financial Statements delivered as to which no such objection shall have been made.

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any any......1 1.2 Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation and consolidating principles, and covenants, representations and agreements relating to accounting and financial matters with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.11, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements provided hereunder (or if prior to delivery of the first such annual audited financial statements hereunder, then on a basis consistent with the audited financial statements delivered to Lender prior to the date hereof; provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, the Lender shall object to determination of compliance with the financial covenant covenants in Section 8.11 on such basis, within thirty (30) days after delivery of such financial statements, then such calculations shall be made on a basis consistent with the most recent financial statements delivered as to which no such objection shall have been made...................................................................1 1.3

Accounting Principles; Subsidiaries. Except as otherwise provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (including principles of consolidation where appropriate), consistently applied, and all accounting or financial terms shall have the meanings ascribed to such terms by GAAP. If at any time a Loan Party has any Subsidiaries, all accounting and financial terms herein shall be deemed to include references to consolidation and consolidating principles, and covenants, representations and agreements relating to accounting and financial matters with respect to a Loan Party and its properties and activities shall be deemed to refer to such Loan Party and its consolidated Subsidiaries collectively. For purposes of Section 8.11, GAAP shall be determined on the basis of such principles in effect on the date of the most recent annual audited financial statements provided hereunder (or if prior to delivery of the first such annual audited financial statements hereunder, then on a basis consistent with the audited financial statements delivered to Lender prior to the date hereof; provided, however, that if due to a change in application of GAAP or the rules promulgated with respect thereto, the Lender shall object to determination of compliance with the financial covenant covenants in Section 8.11 on such basis, within thirty (30) days after delivery of such financial statements, then such calculations shall be made on a basis consistent with the most recent financial statements delivered as to which no such objection shall have been made.