Fiscal Periods. If the Borrower changes the manner of determining the last day of its fiscal year or the last days of the first three fiscal quarters in each of its fiscal years, the parties hereto shall negotiate in good faith to agree to modify any financial calculations and determinations hereunder to reflect their original intent in light of such changes, and if they fail so to agree all such financial calculations determinations hereunder shall continue to be made as if such change had not occurred.
Appears in 6 contracts
Samples: Credit Agreement (Smithfield Foods Inc), Revolving Credit Agreement (Smithfield Foods Inc), Smithfield Foods Inc
Fiscal Periods. If the Borrower changes the manner of determining the last day of its fiscal year Fiscal Year or the last days of the first three fiscal quarters in each of its fiscal yearsFiscal Years, the parties hereto shall negotiate in good faith to agree to modify any financial calculations and determinations hereunder to reflect their original intent in light of such changes, and if they fail so to agree all such financial calculations determinations hereunder shall continue to be made as if such change had not occurred.
Appears in 3 contracts
Samples: Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc)
Fiscal Periods. If the Borrower changes the manner of -------------- determining the last day of its fiscal year or the last days of the first three fiscal quarters in each of its fiscal years, the parties hereto shall negotiate in good faith to agree to modify any financial calculations and determinations hereunder to reflect their original intent in light of such changes, and if they fail so to agree all such financial calculations determinations hereunder shall continue to be made as if such change had not occurred.
Appears in 2 contracts
Samples: Year Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)
Fiscal Periods. If the Borrower changes the manner of determining the last day of its fiscal year or the last days of the first three fiscal quarters in each of its fiscal years, the parties hereto shall negotiate in good faith to agree to modify any financial calculations cal- culations and determinations hereunder to reflect their original intent in light of such changes, and if they fail so to agree all such financial calculations and determinations hereunder shall continue to be made as if such change had not occurred.
Appears in 1 contract
Samples: Bridge Loan and Security Agreement (Smithfield Foods Inc)
