Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 315 contracts
Samples: Revolving Credit Agreement (Waste Connections, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (TrueBlue, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 121 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Reimbursement Agreement (Reinsurance Group of America Inc), Credit Agreement (Itt Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 – Consolidation of Variable Interest Entities: an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 72 contracts
Samples: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Adobe Inc.), Credit Agreement (Cisco Systems, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 38 contracts
Samples: Credit Agreement (PTC Therapeutics, Inc.), Credit Agreement (PTC Therapeutics, Inc.), Credit Agreement (New York Times Co)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Parent and its Subsidiaries or to the determination of any amount for the Borrower Parent and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 33 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Holdings and its Subsidiaries or to the determination of any amount for the Borrower Holdings and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Holdings is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 21 contracts
Samples: Credit Agreement (FreightCar America, Inc.), Credit Agreement (Ichor Holdings, Ltd.), Credit Agreement (Pacific Investment Management Co LLC)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Consolidated Group or to the determination of any amount for the Borrower and its Subsidiaries Consolidated Group on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent Entity is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 20 contracts
Samples: Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Companies or to the determination of any amount for the Borrower and its Subsidiaries Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein, provided further that for all purposes in calculating consolidated covenants hereunder the Parent shall be deemed to own one hundred percent (100%) of the equity interests in the Borrower.
Appears in 18 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 15 contracts
Samples: Credit Agreement (MN8 Energy, Inc.), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (MN8 Energy, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 13 contracts
Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc)
Consolidation of Variable Interest Entities. All Except as expressly provided otherwise herein, all references herein to consolidated Consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 12 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Trust, the Borrower and its Subsidiaries or to the determination of any amount for the Trust, the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 11 contracts
Samples: Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Companies or to the determination of any amount for the Borrower and its Subsidiaries Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein, provided further that for all purposes in calculating consolidated covenants hereunder the Parent shall be deemed to own one hundred percent (100%) of the equity interests in the Borrower.
Appears in 11 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Restricted Subsidiaries or to the determination of any amount for the Borrower and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 9 contracts
Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined hereinSubsidiary.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit Agreement (Commercial Vehicle Group, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined hereinherein (provided that such entity shall not be deemed to be a Subsidiary hereunder for any other purpose).
Appears in 9 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Term Loan Credit Agreement (Towers Watson & Co.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or Restricted Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries or Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 8 contracts
Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Syndicated Facility Agreement (Aecom)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Guarantor and its Restricted Subsidiaries or to the determination of any amount for the Borrower Guarantor and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Guarantor is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Restricted Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit Agreement (Safehold Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 – Consolidation of Variable Interest Entities: an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Loan Credit Agreement (CoreCivic, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its the Subsidiaries or to the determination of any amount for the Borrower and its the Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Copart Inc), Credit Agreement (Amedisys Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Trust, the Borrower and its Subsidiaries or to the determination of any amount for the Trust, the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Trust or the Borrower, as applicable, is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 7 contracts
Samples: Credit and Term Loan Agreement (Black Creek Diversified Property Fund Inc.), Credit and Term Loan Agreement (DCT Industrial Trust Inc.), Credit and Term Loan Agreement (Dividend Capital Diversified Property Fund Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower any Person and its Subsidiaries or to the determination of any amount for the Borrower any Person and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower such Person is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 6 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 6 contracts
Samples: Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. 1.04
Appears in 6 contracts
Samples: Credit Agreement (Franklin Resources Inc), Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Louisiana-Pacific Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 (revised December 2003) Consolidation of Variable Interest Entities as if such variable interest entity were a Subsidiary as defined herein.
Appears in 5 contracts
Samples: Credit Agreement (Ebay Inc), Credit Agreement (Cognizant Technology Solutions Corp), Credit Agreement (Ebay Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein...
Appears in 5 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Variable Interest Entity as if such variable interest entity Variable Interest Entity were a Subsidiary as defined herein.
Appears in 5 contracts
Samples: Credit Agreement (United States Cellular Corp), Credit Agreement (United States Cellular Corp), Credit Agreement (Telephone & Data Systems Inc /De/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC Accounting Standards Codification 810 “Consolidation,” as if such variable interest entity were a Subsidiary as defined herein.
Appears in 5 contracts
Samples: Credit Agreement (Vici Properties Inc.), Credit Agreement (MGM Growth Properties Operating Partnership LP), Credit Agreement (Vici Properties Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers and its their Subsidiaries or to the determination of any amount for the Borrower Borrowers and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is Borrowers are required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 5 contracts
Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc), Possession Credit Agreement (Aralez Pharmaceuticals Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Companies or to the determination of any amount for the Borrower and its Subsidiaries Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein, provided further that for all purposes in calculating consolidated covenants hereunder Parent shall be deemed to own one hundred percent (100%) of the equity interests in Borrower.
Appears in 4 contracts
Samples: Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Parent and its Subsidiaries or to the determination of any amount for the Borrower Loan Parties and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Loan Parties is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Crestview Partners III GP, L.P.), Credit Agreement (U.S. Well Services, Inc.), Credit Agreement (U.S. Well Services, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Restricted Subsidiary as defined herein.
Appears in 4 contracts
Samples: Security Agreement (Ciena Corp), Credit Agreement (Ciena Corp), Credit Agreement (Ciena Corp)
Consolidation of Variable Interest Entities. All Except as expressly provided otherwise herein, all references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the US Borrower and its Subsidiaries or to the determination of any amount for the US Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the US Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each material variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 – Consolidation of Variable Interest Entities: an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Citrix Systems Inc), Term Loan Credit Agreement (Citrix Systems Inc), Credit Agreement (Citrix Systems Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Combined Companies or to the determination of any amount for the Borrower and its Subsidiaries Combined Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower any Combined Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary (as defined herein) of such Combined Company.
Appears in 4 contracts
Samples: Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Consolidation of Variable Interest Entities. All Except as expressly provided otherwise herein, all references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries Consolidated Group or to the determination of any amount for the Borrower and its Subsidiaries Consolidated Group on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Consolidated Group is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Ascent Industries Co.), Credit Agreement (Lifecore Biomedical, Inc. \De\), Assignment and Assumption (Landec Corp \Ca\)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC the Financial Accounting Standards Board Accounting Standards Codification Topic No. 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Master Note Purchase Agreement (Waste Connections, Inc.), Assumption and Exchange Agreement (Waste Connections US, Inc.), Assumption and Exchange Agreement (Waste Connections, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Facility Guarantor and its Subsidiaries or to the determination of any amount for the Borrower Facility Guarantor and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Facility Guarantor is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 4 contracts
Samples: Credit Agreement (Discovery, Inc.), Credit Agreement (Discovery Communications, Inc.), Credit Agreement (Discovery Communications, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower or a Subsidiary is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Toro Co), Term Loan Credit Agreement (Toro Co), Term Loan Credit Agreement (Toro Co)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower Holdings and its Subsidiaries or to the determination of any amount for the Borrower Holdings and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Holdings is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined hereinherein but for no other purpose.
Appears in 3 contracts
Samples: Credit Agreement (Quidel Corp /De/), Security Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its their Subsidiaries or to the determination of any amount for the Borrower and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the any Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Companies or to the determination of any amount for the Borrower and its Subsidiaries Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Term Loan Agreement (CIM Commercial Trust Corp), Credit Agreement (CIM Commercial Trust Corp), Credit Agreement (CIM Commercial Trust Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (d)
Appears in 3 contracts
Samples: Credit Agreement (FIGS, Inc.), Credit Agreement (Ciner Resources LP), Credit Agreement (TrueBlue, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Consolidated Group or to the determination of any amount for the Borrower and its Subsidiaries Consolidated Group on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Forest City Realty Trust, Inc.), Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Realty Trust, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Cboe Global Markets, Inc.), Term Loan Credit Agreement (Cboe Global Markets, Inc.), Term Loan Credit Agreement (CBOE Holdings, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference solely with respect to the Borrower’s compliance with Section 7.11 shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Helen of Troy LTD), Term Loan Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Partnership and its Subsidiaries or to the determination of any amount for the Borrower Partnership and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Partnership is required to consolidate consolidate, pursuant to FASB ASC 810 810, as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Companies or to the determination of any amount for the Borrower and its Subsidiaries Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Parent is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to GAAP (which, as of the Closing Date, is set forth in FASB ASC 810 810) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Gas Natural Inc.), Credit Agreement (Gas Natural Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Statement of Financial Accounting Standard No. 167 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Assignment and Assumption (PayPal Holdings, Inc.), Credit and Guarantee Agreement (PayPal Holdings, Inc.), Credit and Guarantee Agreement (PayPal Holdings, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC Financial Accounting Standards Board’s Accounting Standards Codification 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 3 contracts
Samples: Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Partnership and its Subsidiaries or to the determination of any amount for the Borrower Partnership and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the a Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP), Credit Agreement
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers and its Subsidiaries the Designated Guarantors or to the determination of any amount for the Borrower Borrowers and its Subsidiaries the Designated Guarantors on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is Borrowers are required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 – Consolidation of Variable Interest Entities: an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Main Street Acquisition CORP), Credit Agreement (Main Street Acquisition CORP)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Loan Party Group Companies or to the determination of any amount for the Borrower and its Subsidiaries Loan Party Group Companies on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit Agreement (Tilray Brands, Inc.), Credit Agreement (Tilray Brands, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (e)
Appears in 2 contracts
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Trust, the Company and its Subsidiaries or to the determination of any amount for the Borrower Trust, the Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Trust or the Company, as applicable, is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.), Credit Agreement (Ares Real Estate Income Trust Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 – Consolidation of variable Interest Entities: an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Term Loan Agreement (Harte Hanks Inc), Credit Agreement (Harte Hanks Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Holdings and its Restricted Subsidiaries or to the determination of any amount for the Borrower Holdings and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Holdings is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.), Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers and its their Subsidiaries or to the determination of any amount for the Borrower Borrowers and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include exclude each variable interest entity that the any Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit Agreement (Alexion Pharmaceuticals Inc), Credit Agreement (Alexion Pharmaceuticals Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Parent Borrower and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Assignment and Assumption (Americold Realty Trust), Credit Agreement (Americold Realty Trust)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or the Primary Group, as applicable, or to the determination of any amount for the Borrower and its Subsidiaries or the Primary Group, as applicable, on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.Subsidiary. (d)
Appears in 2 contracts
Samples: Credit Agreement (Mission Produce, Inc.), 1823738v3 Credit Agreement (Arhaus, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Restricted Subsidiaries or to the determination of any amount for the Borrower and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Restricted Subsidiary as defined herein.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (JP Energy Partners LP)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include exclude each variable interest entity that the Borrower is required to otherwise consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein810.
Appears in 2 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Restricted Subsidiaries or to the determination of any amount for the Borrower and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity (other than an MLP Subsidiary) that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)
Consolidation of Variable Interest Entities. All Except as expressly provided otherwise herein, all references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries Consolidated Group or to the determination of any amount for the Borrower and its Subsidiaries Consolidated Group on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Consolidated Group is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (d)
Appears in 2 contracts
Samples: Credit Agreement (Lifecore Biomedical, Inc. \De\), Credit Agreement (Lifecore Biomedical, Inc. \De\)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Restricted Subsidiaries or to the determination of any amount for the Borrower and its Restricted Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity (other than an MLP Subsidiary) that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Western Refining, Inc.), Term Loan Credit Agreement (Western Refining, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries Company or to the determination of any amount for the Borrower and its Subsidiaries Company on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary or Joint Venture as defined herein.
Appears in 2 contracts
Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (d)
Appears in 2 contracts
Samples: Credit Agreement (Encore Wire Corp), Credit Agreement (Encore Wire Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Company and its Subsidiaries or to the determination of any amount for the Borrower Company and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Company is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (d)
Appears in 2 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Stericycle Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Consolidated Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined hereinherein (with Kommandor being deemed to be a Restricted Subsidiary for such purpose).
Appears in 1 contract
Samples: Assignment and Assumption (Helix Energy Solutions Group Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers and its their Subsidiaries or to the determination of any amount for the Borrower Borrowers and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include exclude each variable interest entity that the Borrower is Borrowers are required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (Brandywine Operating Partnership, L.P.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Holdings and its Subsidiaries or to the determination of any amount for the Borrower Holdings and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Holdings or any of its Subsidiaries is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, but only in such case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (Quidel Corp /De/)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Parent and its Subsidiaries or to the determination of any amount for the Borrower Loan Parties and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Loan Parties is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.Interpretation
Appears in 1 contract
Samples: Credit Agreement (Cole Credit Property Trust Iv, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Holdings and its Subsidiaries or the Primary Group, as applicable, or to the determination of any amount for the Borrower Holdings and its Subsidiaries or the Primary Group, as applicable, on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each entity in which the Borrower has a variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC Accounting Standards Codification 810 “Consolidation,” as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (MGM Growth Properties Operating Partnership LP)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers or the Parent and its their Subsidiaries or to the determination of any amount for the Borrower Loan Parties and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower Loan Parties is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. CHAR1\1641691v2CHAR1\1779505v1
Appears in 1 contract
Samples: Credit Agreement (SP Plus Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any 4877- 6131- 2829 v.16 29 amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. 1.04
Appears in 1 contract
Samples: Credit Agreement (NVR Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference solely with respect to the Borrower’s compliance with Section 7.11 shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.. (d)
Appears in 1 contract
Samples: Credit Agreement (Helen of Troy LTD)
Consolidation of Variable Interest Entities. All references herein to consolidated Consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated Consolidated basis or any similar reference shall, in each case, be deemed to include 1204724.01-CHISR02A - MSW CHAR1\1886837v5 each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (SP Plus Corp)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower BorrowerCompany and its Subsidiaries or to the determination of any amount for the Borrower BorrowerCompany and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower BorrowerCompany is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein810.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for of the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 Interpretation No. 46 – Consolidation of Variable Interest Entities; an interpretation of ARB No. 51 (January 2003) as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Samples: Credit Agreement (Inphonic Inc)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower and its Subsidiaries or to the determination of any amount for the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein... WEST\258439317.6 319678-00008938
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Wageworks, Inc.)
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Borrower Borrowers and its their Subsidiaries or to the determination of any amount for the Borrower Borrowers and its their Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the any Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein.
Appears in 1 contract
Consolidation of Variable Interest Entities. All references herein to consolidated financial statements of the Trust, the Borrower and its Subsidiaries or to the determination of any amount for the Trust, the Borrower and its Subsidiaries on a consolidated basis or any similar reference shall, in each case, be deemed to include each variable interest entity that the Borrower is required to consolidate pursuant to FASB ASC 810 as if such variable interest entity were a Subsidiary as defined herein..
Appears in 1 contract
Samples: Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.)
