Common use of Effect of Certain Inaccuracies Clause in Contracts

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered)restated, and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Parent Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower Borrowers shall within 15 30 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 10.22 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided provided, that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 1530-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section ‎Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section ‎Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b‎2.08(b) and 8.01‎8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Lead Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Lead Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable PeriodPeriod (if the Applicable Rate is determined by reference to certain leverage ratio of the Borrower as in effect from time to time), then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 fifteen (15) days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day fifteen (15)-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 fifteen (15) days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously officer’s certificate delivered pursuant to Section 6.02(a6.1(i) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when ii) and Section 6.1(iii), respectively, is inaccurate, and such inaccuracy is discovered), discovered prior to the earlier of (a) the first anniversary of the delivery of such financial statement or officer’s certificate and such inaccuracy(b) the date on which all the Commitments hereunder terminate and, if corrected, or such restatement would have led to the application of a higher Applicable Margin or a higher Commitment Fee Rate for any period (an “Applicable Period”) than the Applicable Margin or Commitment Fee Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable promptly deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate officer’s certificate for such Applicable Period, (ii) the Applicable Margin and the Commitment Fee Rate shall be determined based on the updated Compliance Certificate corrected officer’s certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate promptly pay to the Administrative Agent (for the accounts of the applicable Lenders during the Applicable Period or their successors and assigns) the accrued additional interest or fees additional Commitment Fees (or both) owing as a result of such increased Applicable Margin or Commitment Fee Rate for such Applicable Period. This Section 10.21 10.26 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default Section 2.2E or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above8.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Lead Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Lead Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.. 4849-7283-2717 258

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously officer’s certificate delivered pursuant to Section 6.02(a6.1(i) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when ii) and Section 6.1(iii), respectively, is inaccurate, and such inaccuracy is discovered), discovered prior to the earlier of (a) the first anniversary of the delivery of such financial statement or officer’s certificate and such inaccuracy(b) the date on which all the Commitments hereunder terminate and, if corrected, or such restatement would have led to the application of a higher Applicable Margin or a higher Facility Fee Rate for any period (an “Applicable Period”) than the Applicable Percentage or Facility Fee Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable promptly deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate officer’s certificate for such Applicable Period, (ii) the Applicable Margin and the Facility Fee Rate shall be determined based on the updated Compliance Certificate corrected officer’s certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate promptly pay to the Administrative Agent (for the accounts of the applicable Lenders during the Applicable Period or their successors and assigns) the accrued additional interest or fees additional Facility Fees (or both) owing as a result of such increased Applicable Margin or Facility Fee Rate for such Applicable Period. This Section 10.21 10.26 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default Section 2.2E or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.8. 108 CREDIT AGREEMENT

Effect of Certain Inaccuracies. 266 . In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section ‎Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section ‎Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b‎2.08(b) and 8.01‎8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously officer’s certificate delivered pursuant to Section 6.02(a6.1(i) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when ii) and Section 6.1(iii), respectively, is inaccurate, and such inaccuracy is discovered), discovered prior to the earlier of (a) the first anniversary of the delivery of such financial statement or officer’s certificate and such inaccuracy(b) the date on which all the Commitments hereunder terminate and, if corrected, or such restatement would have led to the application of a higher Applicable Margin or a higher Commitment Fee Rate for any period (an “Applicable Period”) than the Applicable Margin or Commitment Fee Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable promptly deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate officer’s certificate for such Applicable Period, (ii) the Applicable Margin and the Commitment Fee Rate shall be determined based on the updated Compliance Certificate corrected officer’s certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate promptly pay to the Administrative Agent (for the accounts of the applicable Lenders during the Applicable Period or their successors and assigns) the accrued additional interest or fees additional Commitment Fees (or both) owing as a result of such increased Applicable Margin or Commitment Fee Rate for such Applicable Period. This Section 10.21 10.26 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default Section 2.2E or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.8. 125 CREDIT AGREEMENT

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section ‎Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section ‎Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b‎2.08(b) and 8.01‎8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.. 273

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) 6.02 was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Borrower BorrowerCompany shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated corrected Compliance Certificate for such Applicable Period, and (iii) the Borrower BorrowerCompany shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously officer’s certificate delivered pursuant to Section 6.02(a6.1(i) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when ii) and Section 6.1(iii), respectively, is inaccurate, and such inaccuracy is discovered), discovered prior to the earlier of (a) the first anniversary of the delivery of such financial statement or officer’s certificate and such inaccuracy(b) the date on which all the Commitments hereunder terminate and, if corrected, or such restatement would have led to the application of a higher Applicable Margin or a higher Commitment Fee Rate for any period (an “Applicable Period”) than the Applicable Percentage or Commitment Fee Rate applied for such Applicable Period, then (i) the Borrower shall as soon as practicable promptly deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate officer’s certificate for such Applicable Period, (ii) the Applicable Margin and the Commitment Fee Rate shall be determined based on the updated Compliance Certificate corrected officer’s certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate promptly pay to the Administrative Agent (for the accounts of the applicable Lenders during the Applicable Period or their successors and assigns) the accrued additional interest or fees additional Commitment Fees (or both) owing as a result of such increased Applicable Margin or Commitment Fee Rate for such Applicable Period. This Section 10.21 10.25 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default Section 2.2E or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above8.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously officer’s certificate delivered pursuant to Section 6.02(a6.1(i) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when ii) and Section 6.1(iii), respectively, is inaccurate, and such inaccuracy is discovered), discovered prior to the earlier of (a) the first anniversary of the delivery of such financial statement or officer’s certificate and such inaccuracy(b) the date on which all the Commitments hereunder terminate and, if corrected, or such restatement would have led to the application of a higher Applicable Margin or a higher Facility Fee Rate for any period (an “Applicable Period”) than the Applicable Percentage or Facility Fee Rate applied for such Applicable Period, then (i) the Borrower Borrowers shall as soon as practicable promptly deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate officer’s certificate for such Applicable Period, (ii) the Applicable Margin and the Facility Fee Rate shall be determined based on the updated Compliance Certificate corrected officer’s certificate for such Applicable Period, and (iii) the Borrower shall within 15 days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate promptly pay to the Administrative Agent (for the accounts of the applicable Lenders during the Applicable Period or their successors and assigns) the accrued additional interest or fees additional Facility Fees (or both) owing as a result of such increased Applicable Margin or Facility Fee Rate for such Applicable Period. This Section 10.21 10.26 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default Section 2.2E or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above8.

Effect of Certain Inaccuracies. In the event that any financial statement or Compliance Certificate previously delivered pursuant to Section 6.02(a) was inaccurate or was restated (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, or such restatement would have led to the application of a higher Applicable Rate for any period (an “Applicable Period”) than the Applicable Rate applied for such Applicable Period, then (i) the Lead Borrower shall as soon as practicable deliver to the Administrative Agent a corrected or restated financial statement and a corrected or updated Compliance Certificate for such Applicable Period, (ii) the Applicable Rate shall be determined based on the updated Compliance Certificate for such Applicable Period, and (iii) the Lead Borrower shall within 15 fifteen (15) days after the delivery of the corrected or restated financial statements and the updated Compliance Certificate pay to the Administrative Agent the accrued additional interest or fees owing as a result of such increased Applicable Rate for such Applicable Period. This Section 10.21 shall not limit the rights of the Administrative Agent or the Lenders with respect to Sections 2.08(b) and 8.01; provided that any underpayment due to change in Applicable Rate shall not in itself constitute a Default or Event of Default under Section 8.01 so long as such additional interest or fees are paid within the 15-day period set forth above.