Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 17 contracts
Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Zevra Therapeutics, Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate consolidated pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary Subsidiaries as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Coherus BioSciences, Inc.), Credit Agreement (Portola Pharmaceuticals Inc), Credit Agreement (Lpath, Inc)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Issuer and its Subsidiaries or the Acquiror and its Subsidiaries or to the determination of any amount for the Borrower Issuer and its Subsidiaries or the Acquiror and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Issuer is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Tailwind Two Acquisition Corp.), Note Purchase Agreement (Tailwind Two Acquisition Corp.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Issuer and its Subsidiaries or to the determination of any amount for the Borrower Issuer and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Issuer is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Revance Therapeutics, Inc.), Note Purchase Agreement (Puma Biotechnology, Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 IFRS 10 and IFRS 12 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Parent and its Subsidiaries or to the determination of any amount for the Borrower Parent and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 IFRS as if such variable interest entity was were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.. 40 CHAR1\1659840v4
Appears in 1 contract
Samples: Credit Agreement (Establishment Labs Holdings Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Parent and its Subsidiaries or to the determination of any amount for the Borrower Parent and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate consolidated pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary Subsidiaries as defined herein.
Appears in 1 contract
Samples: Credit Agreement (Lpath, Inc)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.. (d)
Appears in 1 contract
Samples: Credit Agreement (Establishment Labs Holdings Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Issuer and its Subsidiaries or to the determination of any amount for the Borrower Issuer and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Issuer is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.. 1.04
Appears in 1 contract
Samples: Note Purchase Agreement (Revance Therapeutics, Inc.)
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower BorrowerIssuer and its Subsidiaries or the Acquiror and its Subsidiaries or to the determination of any amount for the Borrower and itsIssuer and its Subsidiaries or the Acquiror and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Rate Entities. All references herein to consolidated financial statements of the Borrower Issuer and its Subsidiaries or the Acquiror and its Subsidiaries or to the determination of any amount for the Borrower Issuer and its Subsidiaries or the Acquiror and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Issuer is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity was a Subsidiary as defined herein.. 1.04
Appears in 1 contract
Samples: Note Purchase Agreement (Tailwind Two Acquisition Corp.)
