Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 54 contracts
Samples: Credit Agreement (Bowman Consulting Group Ltd.), Credit Agreement (Powell Industries Inc), Credit Agreement (Ligand Pharmaceuticals Inc)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 9 contracts
Samples: Credit Agreement (1847 Goedeker Inc.), Credit Agreement (Ufp Technologies Inc), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 6 contracts
Samples: Credit Agreement (NantHealth, Inc.), Credit Agreement (Boston Beer Co Inc), Credit Agreement (Inseego Corp.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period measurement period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Periodmeasurement period.
Appears in 6 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Holdings and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 5 contracts
Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the any Borrower and its Subsidiaries that is consummated during any Measurement Period measurement period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Periodmeasurement period.
Appears in 5 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the any Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 3 contracts
Samples: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition (including any Permitted Acquisition), by the Borrower and its Subsidiaries that is consummated during any Measurement Period measurement period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 6.20 and for purposes of determining the Applicable RateMargin, be given Pro Forma Effect as of the first day of such Measurement Periodmeasurement period.
Appears in 3 contracts
Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 3 contracts
Samples: Replacement Credit Agreement (Argan Inc), Replacement Credit Agreement (Argan Inc), Replacement Credit Agreement (Argan Inc)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower any Loan Party and its Subsidiaries that is consummated during any Measurement Period four fiscal quarter period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Periodfour fiscal quarter period.
Appears in 2 contracts
Samples: Credit Agreement (Bandwidth Inc.), Credit Agreement (KnowBe4, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, division or Person and each Acquisition, Acquisition or Investment by the Borrower Borrowers and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.11, for any basket, financial ratio or test and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 2 contracts
Samples: Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition (including, for the avoidance of doubt, the Danish Acquisition), by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 2 contracts
Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Restricted Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 2 contracts
Samples: Credit Agreement (Watsco Inc), Credit Agreement (Watsco Inc)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, each Acquisition, and each AcquisitionRestricted Payment, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 2 contracts
Samples: Term Loan Agreement (Armstrong Flooring, Inc.), Term Loan Agreement (Armstrong Flooring, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period fiscal period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 9.10 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Periodfiscal period.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rateany other purpose herein, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 2 contracts
Samples: Credit Agreement (Information Services Group Inc.), Credit Agreement (Information Services Group Inc.)
Pro Forma Treatment. Each Without duplication of any other provisions regarding pro forma treatment herein, each Disposition of all or substantially all of a line of business, and each Permitted Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect pro forma effect as of the first day of such Measurement Period.. 1.04
Appears in 2 contracts
Samples: Credit Agreement (Alamo Group Inc), Credit Agreement (Alamo Group Inc)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period period of four consecutive fiscal quarters shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.08 and for purposes of determining the Applicable RateRate for such period, be given Pro Forma Effect as of the first day of such Measurement Periodperiod.
Appears in 2 contracts
Samples: Credit Agreement (Clarcor Inc.), Credit Agreement (Clarcor Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Permitted Acquisition, by the Borrower any Loan Party and its Subsidiaries that is consummated during any Measurement Period four fiscal quarter period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.12 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Periodfour fiscal quarter period.
Appears in 2 contracts
Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower any Loan Party and its Subsidiaries that is consummated during any Measurement Period four Fiscal Quarter period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.01 and for purposes of determining the Applicable RateMargin, be given Pro Forma Effect as of the first day of such Measurement Periodfour Fiscal Quarter period.
Appears in 2 contracts
Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower any Loan Party and its Subsidiaries that is consummated during any Measurement Period four Fiscal Quarter period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Periodfour Fiscal Quarter period.
Appears in 2 contracts
Samples: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray Brands, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period period of four consecutive fiscal quarters shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.08 and for purposes of determining the Applicable RateRate for such period, be given Pro Forma Effect as of the first day of such Measurement Periodperiod.
Appears in 2 contracts
Samples: Credit Agreement (Clarcor Inc.), Credit Agreement (Clarcor Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.. 1.04
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each AcquisitionAcquisition (other than the acquisition reflected by the NEPTCO Acquisition Documents), by the a Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Samples: Credit Agreement (Chase Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, business by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect pro forma effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, each Acquisition, and each AcquisitionRestricted Payment, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect pro forma effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and Holdco or any of its Subsidiaries that is consummated during any Measurement Period shall, for purposes the purpose of determining compliance with the financial covenants set forth in Section 7.11 and for purposes the purpose of determining the Applicable RateMargin, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the a Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial 39 covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Samples: Credit Agreement (Chase Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section Sections 7.10 and 7.11 and for purposes of determining the Applicable RateAmount, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Samples: Credit Agreement (Parsons Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 Sections 7.10 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Samples: Term Loan Agreement (Parsons Corp)
Pro Forma Treatment. Each Disposition and each acquisition of all or substantially all of a line of business, and each Acquisition, business by the any Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, and each Restricted Payment, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower any Loan Party and its Subsidiaries that is consummated during any Measurement Period four fiscal quarter period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.12 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Periodpro forma effect in accordance with Section 7.12(c).
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable RateMargin, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period measurement period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate7.11, be given Pro Forma Effect as of the first day of such Measurement Period.measurement period. (d)
Appears in 1 contract
Samples: Credit Agreement (Sunrun Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition (including the Allos Acquisition), by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.12 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Pro Forma Treatment. Each Asset Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period measurement period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 7.14 and for purposes of determining the Applicable Rate, be given Pro Forma Effect pro forma effect as of the first day of such Measurement Periodmeasurement period.
Appears in 1 contract
Samples: Credit Agreement (Copart Inc)
Pro Forma Treatment. Each Asset Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 Sections 10.6 and 10.7 and for purposes of determining the Applicable Rateapplicability of Incremental Interest set forth in Section 10.6, be given Pro Forma Effect as of the first day of such Measurement Period.”
Appears in 1 contract
Samples: First Amendment (Parsons Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable RateMargin, be given Pro Forma Effect as of the first day of such Measurement Period.. 1.04
Appears in 1 contract
Samples: Execution Copy Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the a Borrower and its Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
Samples: Credit Agreement (Chase Corp)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower and its Subsidiaries that is consummated during any Measurement Period fiscal period shall, for purposes of determining compliance with the financial covenants set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.fiscal period. 1.04
Appears in 1 contract
Samples: Credit Agreement (Ameresco, Inc.)
Pro Forma Treatment. Each Disposition of all or substantially all of a line of business, and each Acquisition, by the Borrower Company and its Restricted Subsidiaries that is consummated during any Measurement Period shall, for purposes of determining compliance with the financial covenants covenant set forth in Section 7.11 and for purposes of determining the Applicable Rate, be given Pro Forma Effect as of the first day of such Measurement Period.
Appears in 1 contract
