Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 12 contracts
Samples: Assignment Agreement (Sibanye Gold LTD), Assignment Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause clause 20.2 (Financial condition) shall be calculated in accordance with GAAP or, as the case may require, IFRS and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause clause 19.2 (Provision and contents of Compliance Certificate).
Appears in 6 contracts
Samples: Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.1 (Financial Statements) and Clause 19.2 (Compliance Certificate).
Appears in 4 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Assignment Agreement (Gold Fields LTD), Assignment Agreement (Gold Fields LTD)
Financial testing. The financial covenants set out in Clause 20.2 20.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each and Compliance Certificate Certificates delivered pursuant to Clause 19.1 (Financial statements) and Clause 19.2 (Provision and contents of Compliance Certificate)Certificates) in respect of the Relevant Period.
Appears in 4 contracts
Samples: Facility Agreement (China TransInfo Technology Corp.), Facility Agreement (China Security & Surveillance Technology, Inc.), Facility Agreement (Harbin Electric, Inc)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested for each Relevant Period by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Agreement (Misys PLC), Agreement (Misys PLC), Agreement (Misys PLC)
Financial testing. The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Agreement (Alliance Data Systems Corp), Facilities Agreement (Analex Corp), Facility Agreement (Westway Group, Inc.)
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 3 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Financial testing. The financial covenants set out in Clause 20.2 20.3 (Financial condition) shall be calculated in accordance with IFRS and tested by reference to each of the financial statements delivered pursuant to paragraphs (a) and (b) of Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)
Financial testing. The financial covenants set out in Clause 20.2 19 (Financial conditionFINANCIAL CONDITION) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 17 (Compliance CertificateFINANCIAL INFORMATION).
Appears in 2 contracts
Samples: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc)
Financial testing. The Subject to Clause 18.2(d) (Form of financial statements), the financial covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be calculated in accordance with the generally accepted accounting principles in the jurisdiction of incorporation of the Borrower and tested by reference to each of the financial statements delivered pursuant to Clause 18.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance 18.3(Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (SK Ecoplant Co., Ltd.), Facility Agreement (SK Ecoplant Co., Ltd.)
Financial testing. The financial covenants set out in Clause 20.2 24.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 23.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facilities Agreement (Sirona Dental Systems, Inc.), Facilities Agreement (Benfield Greig Group PLC)
Financial testing. (a) The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the financial statements and/or Quarterly Financial Statements and Annual Financial Statements and each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
Financial testing. The financial covenants set out in Clause 20.2 19.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 18.5 (Compliance Certificate).
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Financial testing. The financial covenants set out in this Clause 20.2 (Financial condition) 20 shall be tested by reference to each the most recent set of the financial statements and/or each Compliance Certificate delivered for the Relevant Period pursuant to Clause 19.2 19 (Compliance CertificateInformation Undertakings).
Appears in 2 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
Financial testing. The financial covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be tested by reference to each the most recent set of the financial statements and/or each Compliance Certificate delivered for the Relevant Period pursuant to Clause 19.2 19 (Compliance CertificateInformation Undertakings).
Appears in 2 contracts
Samples: Operation and Maintenance Agreement (Globalstar, Inc.), Globalstar, Inc.
Financial testing. The financial covenants set out in Clause 20.2 22.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 21.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (VTTI Energy Partners LP)
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 2 contracts
Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Financial testing. The financial covenants set out in Clause 20.2 20.3 (Financial conditionConditions) shall be tested by reference to each of the annual financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Tercica Inc)
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) and Clause 21.2 (Capital Expenditure and Investments) shall be tested by reference to each of the financial statements and/or each and Compliance Certificate Certificates delivered pursuant to Clause 19.2 20.1 (Financial statements) and Clause 20.2 (Provision and contents of Compliance Certificate)Certificates) in respect of the Relevant Period.
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to paragraphs (a), (b)(i) and (b)(ii) (as applicable) of Clause 19.1 (Financial statements) and Clause 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Hanarotelecom Inc
Financial testing. The financial covenants set out in Clause 20.2 19.2 (Financial condition) shall be tested by reference to each of the annual audited financial statements and/or and semi-annual unaudited financial statements as well as each Compliance Certificate delivered pursuant to Clause 19.2 18.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Agreement (Signet Group PLC)
Financial testing. (a) The financial covenants set out in Clause 20.2 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 18.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or and each Compliance Certificate delivered pursuant to Clause 19.2 17 (Compliance CertificateFinancial Information).
Appears in 1 contract
Samples: Agreement (Prologis Trust)
Financial testing. The financial covenants Financial Covenants set out in this Clause 20.2 20 (Financial conditionCovenants) shall be calculated in accordance with the applicable Accounting Principlesand tested by reference to each of the referencethe t financial statements and/or each Compliance Certificate (whether audited or unaudited) delivered pursuant to Clause 19.2 (Financial statements) and_each Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause Clauses 19.1 (Financial statements) and 19.2 (Compliance Certificate).
Appears in 1 contract
Samples: Gold Fields LTD
Financial testing. The financial covenants set out in this Clause 20.2 20 (Financial conditionCondition) shall be tested by reference to and as at the date of each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial Statements).
Appears in 1 contract
Financial testing. (a) The financial covenants set out in Clause 20.2 21.2 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to paragraphs (a) or (b) of Clause 20.1 (Financial Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Facility Agreement (Innospec Inc.)
Financial testing. The financial covenants set out in Clause 20.2 22.2 (Financial condition) and the requirements of Clause 22.3 (Capital Expenditure) shall be tested by reference to each of the financial statements and/or each Compliance Certificate (and the accompanying financial statements) and Auditor’s Report delivered pursuant to Clause 19.2 21.2 (Compliance CertificateCertificates).
Appears in 1 contract
Financial testing. (a) The financial covenants set out in Clause 20.2 21.2 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to paragraphs (a)(i) or (b) of Clause 20.1 (Financial Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Octel Corp)
Financial testing. The financial covenants set out in Clause 20.2 20.5 (Financial conditionCondition) shall be tested taken by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Samples: Agreement (Citigroup Inc)
Financial testing. The 21.2.1 Subject to Clause 21.2.2, the financial covenants set out in Clause 20.2 21.1 (Financial condition) shall be tested by reference to each of the financial statements and/or Annual Financial Statements and Quarterly Financial Statements delivered pursuant to Clause 20.1 (Financial statements) and each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Facilities Agreement (Equinix Inc)
Financial testing. The financial covenants set out in Clause 20.2 clause 20.3 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the quarterly financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Samples: Agreement (Klondex Mines LTD)
Financial testing. The financial covenants set out in Clause 20.2 20.1 (Financial condition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate)) and the applicable Measurement Period.
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 20.2 (Quarterly Statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.4 (Compliance CertificateCertificates).
Appears in 1 contract
Samples: Agreement (NTL Inc/De/)
Financial testing. The financial covenants set out in Clause 20.2 22 (Financial conditionCondition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20 (Compliance CertificateFinancial Information).
Appears in 1 contract
Financial testing. (a) The financial covenants set out in Clause 20.2 21.2 (Financial conditionCondition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. The financial covenants covenant set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Financial testing. 20.3.1 The financial covenants set out in Clause 20.2 (Financial conditioncovenants) shall will be calculated in accordance with the Accounting Principles and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant and other financial information provided to the Lender under Clause 19.2 19.1 (Compliance Certificate)Financial Statements) and Clause 20.3.2.
Appears in 1 contract
Samples: Transatlantic Petroleum Ltd.
Financial testing. The financial covenants set out in Clause 20.2 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the relevant financial statements delivered pursuant to Clause 19.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate)) (in each case) in respect of the relevant Testing Date.
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial condition) shall be calculated in accordance with the Accounting Principles and tested by reference to each of the financial statements Financial Statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Sibanye Gold LTD
Financial testing. (a) The financial covenants set out in Clause 20.2 21.2 (Financial condition) shall be tested by reference to each of the financial statements delivered pursuant to Clause 20.1 (Financial statements) and/or each Compliance Certificate delivered pursuant to Clause 19.2 20.2 (Compliance Certificate).
Appears in 1 contract
Samples: Facility Agreement (Innospec Inc.)
Financial testing. 20.3.1 The financial covenants set out in Clause 20.2 (Financial conditioncovenants) shall will be calculated in accordance with the Tax Authority Principles and tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant fiscal data filed or to be filed by the Borrower with the Tax Authority annually, or the fiscal data provided to the Lender under Clause 19.2 (Compliance Certificate)20.3.3.
Appears in 1 contract
Samples: Transatlantic Petroleum Ltd.
Financial testing. The financial covenants set out in Clause 20.2 (Financial conditionCondition) shall be tested taken by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 19.1 (Compliance CertificateFinancial statements).
Appears in 1 contract
Financial testing. The financial covenants set out in Clause 20.2 21.1 (Financial conditioncovenants) shall be tested by reference to each of the financial statements and/or each Compliance Certificate and interim reports delivered pursuant to Clause 19.2 20.1(a) (Compliance CertificateInformation undertakings).
Appears in 1 contract
Samples: Credit Agreement (Sappi LTD)
