Common use of Excluded Entities Clause in Contracts

Excluded Entities. For the avoidance of doubt, the parties hereto acknowledge and agree that (a) the Consolidated Leverage Ratio and the Consolidated Interest Coverage Ratio and other financial accounting terms used herein with reference to the Company’s “Subsidiaries” as opposed to the Company’s “Consolidated Subsidiaries” will be calculated without giving effect to the financial performance or condition of any Excluded Entity and (b) the representations, warranties and covenants set forth in Article V (other than Section 5.05 and 5.09), Article VI (other than Section 6.01 and Section 6.02) and Article VII, each of which refers to the Company’s “Subsidiaries” as opposed to the Company’s “Consolidated Subsidiaries”, shall not be made with respect to, require any performance by or behalf of or restrict the operations of, any Excluded Entity.

Excluded Entities. For the avoidance of doubt, the parties hereto acknowledge and agree that (a) the Consolidated Leverage Ratio and the Consolidated Interest Coverage Ratio and other financial accounting terms used herein with reference to the Company’s “'s "Subsidiaries” " as opposed to the Company’s “'s "Consolidated Subsidiaries” " will be calculated without giving effect to the financial performance or condition of any Excluded Entity and (b) the representations, warranties and covenants set forth in Article V (other than Section 5.05 and 5.09), Article VI (other than Section 6.01 and Section 6.02) and Article VII, each of which refers to the Company’s “'s "Subsidiaries” " as opposed to the Company’s “'s "Consolidated Subsidiaries”", shall not be made with respect to, require any performance by or behalf of or restrict the operations of, any Excluded Entity.