Reclassifiable Items. For purposes of determining compliance at any time with Sections 7.1, 7.2 and 7.3, in the event that any Indebtedness, Encumbrance or Investment or portion thereof, as applicable, at any time meets the criteria of more than one of the categories of transactions or items permitted pursuant to any clause of such Section 7.1 (other than Section 7.1(a)), Section 7.2 or Section 7.3 (each of the foregoing, a β Reclassifiable Item β), the Company, in its sole discretion, may, from time to time, divide, classify or reclassify such Reclassifiable Item (or portion thereof) under one or more clauses of each such Section and will only be required to include such Reclassifiable Item (or portion thereof) in any one category. It is understood and agreed that any Indebtedness, Encumbrance or Investment need not be permitted solely by reference to one category of Indebtedness, Encumbrance or Investment under Sections 7.1, 7.2 and 7.3, but may instead be permitted in part under any combination thereof or under any other available exception.
Appears in 2 contracts
Sources: Loan Agreement (Moog Inc.), Loan Agreement (Moog Inc.)