Common use of Change in Accounting Principles Clause in Contracts

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company and its Subsidiaries with the agreement of its independent certified public accountants and such change results in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries shall be the same after such change as if such change had not been made; provided, however, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the Company, to so reflect such change in accounting principles.

Appears in 2 contracts

Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)

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Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company Borrower and its Subsidiaries with the agreement of its independent certified public accountants and such change results changes result in a change in the method or results of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company Borrower and its Subsidiaries shall be the same after such change changes as if such change changes had not been made; provided, however, (i) no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyBorrower, to so reflect such change in accounting principlesprinciples and (ii) the Borrower shall be deemed to be in compliance with such covenants if and to the extent that the Borrower would have been in compliance therewith under GAAP as in effect immediately prior to such change.

Appears in 2 contracts

Samples: Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc)

Change in Accounting Principles. If Except as otherwise provided herein, if any change changes in the ------------------------------- accounting principles from those used by ATSC or the Borrower in the preparation of the most recent financial statements referred to in Section 7.01 is dated as of April 30, 1994 are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or of the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by ATSC or the Company and its Subsidiaries Borrower with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the financial covenants, standards or terms found in Article Articles VIII and IX and ---------- Article Xhereof, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to reflect equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by ATSC's or the Company and its Subsidiaries Borrower's financial condition shall be the same after such change changes as if such change changes had not been made; provided, however, that no change in -------- ------- GAAP generally accepted accounting principles that would affect the method of calculation of any of the financial covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyLenders, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Anntaylor Inc)

Change in Accounting Principles. If any change in the accounting ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter required or permitted by the ------------ --- rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Company and its Subsidiaries Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to amend --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; provided, however, no change in -------- ------- GAAP that would affect the -------- ------- method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Change in Accounting Principles. If Except as otherwise provided herein, if any change changes in the ------------------------------- accounting principles from those used in the preparation of the most recent financial statements referred to in Section 7.01 is SECTION 5.01(viii) are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company and its Subsidiaries Southland with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the financial covenants, standards or terms found in Article ARTICLE VIII and ARTICLE IX and ---------- Article Xhereof, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Southland's financial condition shall be the same after such change changes as if such change changes had not been made; provided, howeverPROVIDED, HOWEVER, that no change in -------- ------- GAAP generally accepted accounting principles that would affect the method of calculation of any of the financial covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanySenior Lenders, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Southland Corp)

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter required or ------------ --- permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any Company or the Company and its Subsidiaries Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter --------- into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; provided, however, -------- ------- no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Reckson Associates Realty Corp)

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company and its Subsidiaries or the Borrower as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; providedPROVIDED, howeverHOWEVER, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Reckson Operating Partnership Lp)

Change in Accounting Principles. If any change in the accounting ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter required or permitted by the ------------ --- rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company and its Subsidiaries Credit Party or the Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to amend --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Credit Party or the Borrower, as applicable, shall be the same after such change changes as if such change changes had not been made; provided, however, that -------- ------- no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Revolving Credit Agreement (General Growth Properties Inc)

Change in Accounting Principles. If any change in ------------------------------- the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter -------- --- --- required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any Company or the Company and its Subsidiaries Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; provided, however, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Reckson Associates Realty Corp)

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is Sections 8.1 or 8.2 are hereafter required or ------------ --- permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Company and its Subsidiaries Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into ---------- negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; provided, however, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

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Change in Accounting Principles. If any change in the accounting ------------------------------- accounting principles used in the preparation of the most recent financial statements Financial Statements referred to in Section 7.01 4.5 or Section 5.1 is hereafter required or permitted by ----------- ----------- the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or any successors thereto or agencies with similar functionsthereto) and are adopted by the Company Borrower and its Subsidiaries with the agreement of its independent certified public accountants and such change results in a change in the method of calculation of any of the covenants, standards or defined terms found in Article IX and ---------- Article XVII, the parties hereto agree to enter into ----------- negotiations in order to --------- amend such provisions so as to equitably reflect such change with the desired result results that the criteria for evaluating compliance with such covenants, standards and defined terms by the Company Borrower and its Subsidiaries shall be the same after such change as if such change had not been made; provided, however, provided that no change in -------- ------- GAAP that would affect the method of calculation of -------- any of the such covenants, standards or defined terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory amended to the Requisite Lenders and the Company, to so reflect such change changes in accounting principlesGAAP.

Appears in 1 contract

Samples: Credit Agreement (Covad Communications Group Inc)

Change in Accounting Principles. (a) If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements Financial Statements referred to in Section 7.01 is 8.1 are hereafter required ----------- or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company Parent Guarantor and its Subsidiaries with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- IX, Article X, and Article XI, the parties hereto agree to ---------- --------- ---------- enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Parent Guarantor shall be the same after such change changes as if such change changes had not been made; provided, however, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyParent Guarantor, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Eco Corp)

Change in Accounting Principles. If Except as otherwise ------------------------------- provided herein, if any change changes in the ------------------------------- accounting principles from those used in the preparation of the most recent financial statements referred delivered to in Section 7.01 is the Agent pursuant to the terms hereof are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company and its Subsidiaries with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the financial covenants, standards or terms found in Article IX VII and ---------- Article XVIII, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the financial condition of the Company and its Subsidiaries shall be the same after such change changes as if such change changes had not been made; provided, however, that no change in -------- ------- GAAP generally accepted accounting principles that would affect the method of calculation of any of the financial covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyLoan Parties, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Facility Agreement (JPS Textile Group Inc /De/)

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is 113 SECTIONS 8.1 or 8.2 are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by any General Partner or the Company and its Subsidiaries Borrower, as applicable, with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article ARTICLE X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company and its Subsidiaries Borrower shall be the same after such change changes as if such change changes had not been made; providedPROVIDED, howeverHOWEVER, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders Administrative Agent and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Change in Accounting Principles. If any change changes in the ------------------------------- ------------------------------------ accounting principles from those used by ATSC or the Borrower in the preparation of the most recent financial statements referred to in Section 7.01 is dated as of February 3, 2000 are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or of the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by ATSC or the Company and its Subsidiaries Borrower with the agreement of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the pricing ratios, financial covenants, standards or terms found in Article Articles VIII and IX and ---------- Article Xhereof, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to reflect equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by ATSC's or the Company and its Subsidiaries Borrower's financial condition shall be the same after such change changes as if such change changes had not been made; provided, however, that no change in -------- ------- GAAP generally accepted accounting principles that would affect the method of calculation of any of the financial covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyLenders, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Change in Accounting Principles. If any change in the ------------------------------- accounting principles used in the preparation of the most recent financial statements referred to in Section 7.01 is are hereafter required or permitted by the ------------ rules, regulations, pronouncements and opinions of the Financial Accounting Standards Board or the American Institute of Certified Public Accountants (or successors thereto or agencies with similar functions) and are adopted by the Company Borrower and its Subsidiaries with the agreement agree ment of its independent certified public accountants and such change results changes result in a change in the method of calculation of any of the covenants, standards or terms found in Article IX and ---------- Article X, the parties hereto agree to enter into negotiations in order to --------- amend such provisions so as to equitably reflect such change changes with the desired result that the criteria for evaluating compliance with such covenants, standards and terms by the Company Borrower and its Subsidiaries shall be the same after such change changes as if such change changes had not been made; provided, however, no change in -------- ------- GAAP that would affect the method of calculation of any of the covenants, standards or terms shall be given effect in such calculations until such provisions are amended, in a manner satisfactory to the Requisite Lenders and the CompanyBorrower, to so reflect such change in accounting principles.

Appears in 1 contract

Samples: Credit Agreement (Stellex Industries Inc)

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