Common use of Changes in GAAP Clause in Contracts

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1); provided that, until so amended, (a) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (b) the Company shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 5 contracts

Samples: Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD)

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Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Borrower or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company Borrower shall provide to the Administrative Agent and each Lender Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 5 contracts

Samples: Assignment and Assumption (Celadon Group Inc), Credit Agreement (VOC Brazos Energy Partners, LP), Loan Agreement (Integramed America Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Credit Document, and either the Company Borrower, CPS or the Required Lenders shall so request, the Administrative Agent, the Lenders Lenders, CPS and the Company Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1)GAAP; provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) CPS and the Company Borrower shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company SALIC or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company SALIC shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company SALIC shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Scottish Re Group LTD), Credit Agreement (Scottish Re Group LTD), Letter of Credit Agreement (Scottish Re Group LTD)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders Majority Banks shall so request, the Administrative Agent, the Lenders Banks and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Majority Banks); provided that, until so amended, (aA) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bB) the Company shall provide to the Administrative Agent and each Lender the Banks financial statements and other documents required under this Credit Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Alliancebernstein Holding L.P.), Credit Agreement (Alliancebernstein L.P.), Revolving Credit Agreement (Alliancebernstein L.P.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Prologis or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company Prologis shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of Required Lenders); provided that, until so amended, (a) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (b) the Company Prologis shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 3 contracts

Samples: Senior Term Loan Agreement (Prologis, L.P.), Senior Term Loan Agreement (Prologis, L.P.), Senior Term Loan Agreement (Prologis, L.P.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders unaudited financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Monster Worldwide, Inc.), Amended and Restated Credit Agreement (Monster Worldwide Inc), Credit Agreement (Monster Worldwide Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Documentthis Agreement, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Loan Agreement (Moog Inc.), Fourth Amended And (Moog Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative AgentAgents, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent Agents and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (MULTI COLOR Corp), Credit Agreement (Multi Color Corp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall will so request, the Administrative Agent, the Lenders and the Company shall will negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall will continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall will provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Starbucks Corp), Credit Agreement (Starbucks Corp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Flextronics International Ltd.), Term Loan Agreement (Flextronics International Ltd.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.. (c)

Appears in 2 contracts

Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Technitrol Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders such financial statements and other documents as are required under this Agreement or as otherwise reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Borrower or the Required Majority Lenders shall so request, the Administrative Agent, the Lenders and the Company Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of Majority Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company Borrower shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (William Lyon Homes), Senior Secured Term Loan Agreement (William Lyon Homes)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided provided, that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Radiant Logistics, Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, that until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Equifax Inc), Credit Agreement (Equifax Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Credit Document, and either the Company Borrower, CPS or the Required Lenders Lender shall so request, the Administrative Agent, the Lenders Lender, CPS and the Company Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1)GAAP; provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) CPS and the Company Borrower shall provide to the Administrative Agent and each the Lender financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company BGI or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company BGI shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company BGI shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Credit Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Credit Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders and the Company); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Majority Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Majority Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Verisk or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company Verisk shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company Verisk shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Verisk Analytics, Inc.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the 69635641 Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Changes in GAAP. (i) If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); , provided that, that until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (TMX Finance LLC)

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Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and Lenders, the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Security Agreement (Global Power Equipment Group Inc/)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided provided, that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein therein, and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Meet Group, Inc.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Borrower, the Administrative Agent or the Required Lenders shall so request, the Administrative Agent, the Lenders Agent and the Company Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1)GAAP; provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein ​ and (bii) the Company Borrower shall provide to the Administrative Agent and each Lender and/or the Lenders, as applicable, financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Margin Loan Agreement (Liberty Broadband Corp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Total Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Total Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Clear Channel Communications Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Universal Health Realty Income Trust)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Facility Administrative AgentAgents, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Facility Administrative Agent Agents and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (MULTI COLOR Corp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Required Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Asbury Automotive Group Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company Holdings or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company Holdings shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company Holdings shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.. ​

Appears in 1 contract

Samples: Credit Agreement (El Pollo Loco Holdings, Inc.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Credit Document, and either any of the Borrower, the Company or the Required Lenders any Lender shall so request, the Administrative Agent, each Lender, the Lenders Borrower and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1)GAAP; provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Borrower and the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Credit Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (CSC Holdings Inc)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Company and the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Biomet Inc)

Changes in GAAP. (i) If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ax) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (by) upon request, the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (YCC Holdings LLC)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Credit Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided provided, that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Letter of Credit Agreement

Changes in GAAP. If at any time any change in GAAP would materially affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quaker Chemical Corp)

Changes in GAAP. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided thatprovidedthat, until so amended, (ai) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bii) the Company shall provide to the Administrative Agent and each Lender the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Changes in GAAP. If at any time any change in GAAP or the application thereof would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Company or the Required Lenders shall so request, the Administrative Agent, the Required Lenders and the Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to such approvals required under Section 11.1the approval of the Required Lenders); provided that, until so amended, (aA) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (bB) the Company shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Dell Technologies Inc.)

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