Common use of Compliance with Certain Sections Clause in Contracts

Compliance with Certain Sections. In the event that any Lien, Investment, Indebtedness (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof), disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, or prepayment of Indebtedness meets the criteria of one or more than one of the categories of transactions then permitted pursuant to any clause or subsection of Section 10.9 or any clause or subsection of Sections 11.1, 11.2, 11.3, 11.4, 11.5 or 11.6, then such transaction (or portion thereof) at the time of consummation shall be allocated to one or more of such clauses or subsections within the relevant covenants as determined by the Borrower in its sole discretion at such time (or at any later time from time to time, as determined by the Borrower in its sole discretion at such time, thereafter may be re-divided and/or re-classified by the Borrower in any manner not prohibited by this Agreement; provided that except as otherwise provided in this Agreement (including with respect to the Available Dividends Amount and the Available Restricted Debt Payments Amount) (x) Indebtedness, Liens or Investments may not be reclassified as Restricted Dividends or Restricted Debt Payments and (y) usage of baskets for Restricted Dividends and Restricted Debt Payments may not be reclassified.

Compliance with Certain Sections. In the event that that, at any time and from time to time, any Lien, Investment, Indebtedness (whether at other than (x) Indebtedness outstanding under the time ABL Credit Agreement, which shall be incurred and outstanding solely under Section 6.01(b)(iii)(A) and (y) Indebtedness in respect of incurrence or upon application of all or a portion of the proceeds thereofHedging Agreements, which shall be incurred and outstanding solely under Section 6.01(b)(viii)(C)), disposition, Restricted Payment, Affiliate transactionTransaction, Contractual Requirement, Obligation or prepayment of Indebtedness meets the criteria of one or more than one of the categories of transactions then permitted pursuant to the definition of “Permitted Investment”, “Permitted Lien” or any comparable definition or any clause or subsection of Section 10.9 6.05 or any clause or subsection of Sections 11.16.01, 11.26.02, 11.36.03, 11.46.04, 11.5 6.06, or 11.66.07, then such transaction (or portion thereof) at the any such time of consummation and from time to time shall be allocated (and re-allocated) to one or more of such clauses or subsections within the same relevant covenants section as determined (or re-determined) by the Borrower in its sole discretion at discretion; provided that if any financial ratio or test governing any applicable Incurrence Based Amounts would be satisfied in any subsequent period following the utilization of any Fixed Amount, such time transaction (or at any later time from time portion thereof) shall automatically be reclassified to time, as determined utilize such Incurrence Based Amounts instead of the corresponding Fixed Amount (and the portion of the Fixed Amount previously utilized shall be deemed to be restored and unutilized) unless otherwise elected by the Borrower in its sole discretion at such time, thereafter may be re-divided and/or re-classified by the Borrower in any manner not prohibited by this Agreement; provided that except as otherwise provided in this Agreement (including with respect to the Available Dividends Amount and the Available Restricted Debt Payments Amount) (x) Indebtedness, Liens or Investments may not be reclassified as Restricted Dividends or Restricted Debt Payments and (y) usage of baskets for Restricted Dividends and Restricted Debt Payments may not be reclassifieddiscretion.

Compliance with Certain Sections. In the event that that, at any time and from time to time, any Lien, Investment, Indebtedness (whether at other than (x) Indebtedness outstanding under the time Term Loan Agreement, which shall be incurred and outstanding solely under Section 6.01(b)(iii)(A) and (y) Indebtedness in respect of incurrence or upon application of all or a portion of the proceeds thereofHedging Agreements, which shall be incurred and outstanding solely under Section 6.01(b)(viii)(C)), disposition, Restricted Payment, Affiliate transactionTransaction, Contractual Requirement, Obligation or prepayment of Indebtedness meets the criteria of one or more than one of the categories of transactions then permitted pursuant to the definition of “Permitted Investment”, “Permitted Lien” or any comparable definition or any clause or subsection of Section 10.9 6.05 or any clause or subsection of Sections 11.16.01, 11.26.02, 11.36.03, 11.46.04, 11.5 6.06, or 11.66.07, then such transaction (or portion thereof) at the any such time of consummation and from time to time shall be allocated (and re-allocated) to one or more of such clauses or subsections within the same relevant covenants section as determined (or re-determined) by the Borrower in its sole discretion at discretion; provided that if any financial ratio or test governing any applicable Incurrence Based Amounts would be satisfied in any subsequent period following the utilization of any Fixed Amount, such time transaction (or at any later time from time portion thereof) shall automatically be reclassified to time, as determined utilize such Incurrence Based Amounts instead of the corresponding Fixed Amount (and the portion of the Fixed Amount previously utilized shall be deemed to be restored and unutilized) unless otherwise elected by the Borrower in its sole discretion at such time, thereafter may be re-divided and/or re-classified by the Borrower in any manner not prohibited by this Agreement; provided that except as otherwise provided in this Agreement (including with respect to the Available Dividends Amount and the Available Restricted Debt Payments Amount) (x) Indebtedness, Liens or Investments may not be reclassified as Restricted Dividends or Restricted Debt Payments and (y) usage of baskets for Restricted Dividends and Restricted Debt Payments may not be reclassifieddiscretion.

Compliance with Certain Sections. In the event that that, at any time and from time to time, any Lien, Investment, Indebtedness (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof)Indebtedness, disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, Requirement or prepayment of Indebtedness meets the criteria of one or more than one of the categories of transactions then permitted pursuant to the definition of “Permitted Investment”, “Permitted Lien” or any comparable definition or any clause or subsection of Section 10.9 9.9 or any clause or subsection of Sections 11.110.1, 11.210.2, 11.310.3, 11.410.4, 11.5 10.5 or 11.610.6, then such transaction (or portion thereof) at the any such time of consummation and from time to time shall be allocated (and re-allocated) to one or more of such clauses or subsections within the relevant covenants sections as determined (or re-determined) by the Borrower in its sole discretion at discretion; provided that if any financial ratio or test governing any applicable Incurrence Based Amounts would be satisfied in any subsequent period following the utilization of any Fixed Amount, such time transaction (or at any later time from time portion thereof) shall automatically be reclassified to time, as determined utilize such Incurrence Based Amounts instead of the corresponding Fixed Amount (and the portion of the Fixed Amount previously utilized shall be deemed to be restored and unutilized) unless otherwise elected by the Borrower in its sole discretion at such time, thereafter may be re-divided and/or re-classified by the Borrower in any manner not prohibited by this Agreement; provided that except as otherwise provided in this Agreement (including with respect to the Available Dividends Amount and the Available Restricted Debt Payments Amount) (x) Indebtedness, Liens or Investments may not be reclassified as Restricted Dividends or Restricted Debt Payments and (y) usage of baskets for Restricted Dividends and Restricted Debt Payments may not be reclassifieddiscretion.