Common use of Changes in Fiscal Year and Accounting Procedures Clause in Contracts

Changes in Fiscal Year and Accounting Procedures. The Lessee may (A) change its fiscal year or capital structure or (B) change, alter, amend or modify, but only in accordance with GAAP, any of its current accounting procedures related to the method of revenue recognition, billing procedures or determinations of doubtful accounts or bad debt expenses or (C) permit any of its Subsidiaries to change its fiscal year provided that (I) the Lessee shall have notified the Lessor of any such change not less than thirty (30) days prior to the proposed effective date of such change and shall have promptly furnished to the Lessor all such financial information as the Lessor may have reasonably requested in order to determine the impact of such change on the Lessee's financial statements, (II) no such change shall be permitted if its effect would be to enable the Lessee to satisfy any covenant contained in this Lease which, absent such change, would not have been satisfied and (III) the Lessee shall have entered into any amendment to this Lease which the Lessor shall have reasonably requested in order to maintain the intended effect of the covenants contained in this Lease.

Appears in 3 contracts

Samples: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)

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Changes in Fiscal Year and Accounting Procedures. The Lessee may (Aa) change its fiscal year or capital structure or (Bb) change, alter, amend or modify, but only in accordance with GAAP, any of its current accounting procedures related to the method of revenue recognition, billing procedures or determinations of doubtful accounts or bad debt expenses or (Cc) permit any of its Subsidiaries to change its fiscal year provided that (Ii) the Lessee shall have notified the Lessor of any such change not less than thirty (30) days prior to the proposed effective date of such change and shall have promptly furnished to the Lessor all such financial information as the Lessor may have reasonably requested in order to determine the impact of such change on the Lessee's financial statements, (IIii) no such change shall be permitted if its effect would be to enable the Lessee to satisfy any covenant contained in this Lease which, absent such change, would not have been satisfied and (IIIiii) the Lessee shall have entered into any amendment to this Lease which the Lessor shall have reasonably requested in order to maintain the intended effect of the covenants contained in this Lease.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

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