Common use of Change in Accounting Principles Clause in Contracts

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b)) be any change to Bema's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company found in this Agreement or any other Loan Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such Obligor’s financial condition shall be the same after such changes as if such changes had not been made; provided, however, that until the Lender has given its consent to such amendments, each Relevant Bema Group Company's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.5.

Appears in 1 contract

Sources: Term Loan Facility Agreement (Bema Gold Corp /Can/)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b)a) be any change to Bema's Fiscal Year, or changes in the application of the accounting principles from those used in the preparation of the financial statements referred to in Clause 6.5(aclause (a)(i) of Section 5.4 hereafter occur as a result of the promulgation of rules, regulations, pronouncements, pronouncements or opinions by any Governmental Agency the Financial Accounting Standards Board or any entity with responsibility for the administration American Institute of accounting standards Certified Public Accountants (or successors thereto or agencies with similar functions) which changes, in any such case, and result in a change in the method of calculation of financial covenants, standards, standards or terms applicable to any Relevant Bema Group Company found in this Agreement or Agreement; or (b) there is any other Loan Document, change in the Borrower's Fiscal Year with the Required Lenders' prior written consent pursuant to Section 6.2.16 hereof; the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to equitably reflect equitably such changes with the desired result that the evaluations of such Obligor’s the Borrower's financial condition shall be the same after such changes as if such changes had not been made; provided, however, that that, until the Lender has given parties hereto have reached a definitive agreement on such amendments the Borrower shall not change its consent to such amendments, each Relevant Bema Group CompanyFiscal Year and the Borrower's financial condition and operations shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.5clause (a)(i) of Section 5.4.

Appears in 1 contract

Sources: Credit Agreement (Ing Us Capital Corp)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b10.19(a)(iv)) be any change to Bemaany Obligor's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a7.5(a) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company Obligor found in this Agreement or any other Loan Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such Obligor’s 's financial condition shall be the same after such changes as if such changes had not been made; providedPROVIDED, howeverHOWEVER, that until the Lender has Required Lenders have given its their consent to such amendments, each Relevant Bema Group CompanyObligor's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.57.5(a).

Appears in 1 contract

Sources: Project Term Loan Facility Agreement (Randgold Resources LTD)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b5.2(b)(ii)) be any change to Bemaany Obligor's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a) 4.6 as a result of the promulgation of rules, regulations, pronouncements, or opinions issued by any Governmental Agency the governing or any entity similar body of the independent certified public or chartered accountants with responsibility for preparing the administration audited accounts of accounting standards (or agencies with similar functions) the Sponsor and its subsidiaries from time to time which changes, in any such case, changes result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company such Obligor found in this Agreement or any other Loan Finance Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations evaluation of such Obligor’s 's financial condition shall be the same after such changes as if such changes had not been made; provided, however, that until the Lender has all Secured Parties have given its their consent to such amendments, each Relevant Bema Group Companysuch Obligor's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.54.6.

Appears in 1 contract

Sources: Common Terms Agreement (Golden Star Resources LTD)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b)a) be any change to Bema's Fiscal Year, or changes in the application of the accounting principles from those used in the preparation of the financial statements referred to in Clause 6.5(aclause (a)(i) of Section 5.4 hereafter occur as a result of the promulgation of rules, regulations, pronouncements, pronouncements or opinions by any Governmental Agency the Financial Accounting Standards Board or any entity with responsibility for the administration American Institute of accounting standards Certified Public Accountants (or successors thereto or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, standards or terms applicable to any Relevant Bema Group Company found in this Agreement or Agreement; or (b) there is any other Loan Document, change in the Borrower's Fiscal Year with the Required Lenders' prior written consent pursuant to Section 6.2.16 hereof; the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to equitably reflect equitably such changes with the desired result that the evaluations of such Obligor’s the Borrower's financial condition shall be the same after such changes as if such changes had not been made; provided, however, that that, until the Lender has given parties hereto have reached a definitive agreement on such amendments the Borrower shall not change its consent to such amendments, each Relevant Bema Group CompanyFiscal Year and the Borrower's financial condition and operations shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.5clause (a)(i) of Section 5.4.

Appears in 1 contract

Sources: Credit Agreement (Internationale Nederlanden Capital Corp)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b8.2.1(a)(iv)) be any change to Bemaany Obligor's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a7.6(a) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company such Obligor found in this Agreement or any other Loan Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such Obligor’s 's financial condition shall be the same after such changes as if such changes had not been made; providedPROVIDED, howeverHOWEVER, that until the Lender has Required Lenders have given its their consent to such amendments, each Relevant Bema Group Companysuch Obligor's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.57.6(a).

Appears in 1 contract

Sources: Loan Agreement (Randgold Resources LTD)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b7.2.1(b)) be any change to Bemathe Borrower's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company the Borrower found in this Agreement or any other Loan Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such Obligor’s the Borrower's financial condition shall be the same after such changes as if such changes had not been made; providedPROVIDED, howeverHOWEVER, that until the Lender has Required Lenders have given its their consent to such amendments, each Relevant Bema Group Companythe Borrower's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.56.5(a).

Appears in 1 contract

Sources: Loan Agreement (Randgold Resources LTD)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b9.14(b) (Business Activities; Fiscal Year)) be any change to BemaRRL's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a) (Financial Information) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company Obligor found in this Agreement or any other Loan Finance Document, the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such the relevant Obligor’s 's financial condition shall be the same after such changes as if such changes had not been made; provided, however, that until the Lender has Required Lenders have given its their consent to such amendments, each Relevant Bema Group Companythe relevant Obligor's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.56.5(a) (Financial Information).

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Randgold Resources LTD)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b)a) be any change to Bema's Fiscal Year, or changes in the application of the accounting principles from those used in the preparation of the financial statements referred to in Clause 6.5(aclause (a)(i) of SECTION 5.4 hereafter occur as a result of the promulgation of rules, regulations, pronouncements, pronouncements or opinions by any Governmental Agency the Financial Accounting Standards Board or any entity with responsibility for the administration American Institute of accounting standards Certified Public Accountants (or successors thereto or agencies with similar functions) which changes, in any such case, and result in a change in the method of calculation of financial covenants, standards, standards or terms applicable to any Relevant Bema Group Company found in this Agreement or Agreement; or (b) there is any other Loan Document, change in the Borrower's Fiscal Year with the Required Lenders' prior written consent pursuant to SECTION 6.2.16 hereof; the parties hereto agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to equitably reflect equitably such changes with the desired result that the evaluations of such Obligor’s the Borrower's financial condition shall be the same after such changes as if such changes had not been made; providedPROVIDED, howeverHOWEVER, that that, until the Lender has given parties hereto have reached a definitive agreement on such amendments the Borrower shall not change its consent to such amendments, each Relevant Bema Group CompanyFiscal Year and the Borrower's financial condition and operations shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.5clause (a)(i) of SECTION 5.4.

Appears in 1 contract

Sources: Credit Agreement (Phonetel Technologies Inc)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b12.19(a)(iv)) be any change to Bemaany Obligor's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a9.5(a) as a result of the promulgation of rules, regulations, pronouncements, or opinions by any Governmental Agency or any entity with responsibility for the administration of accounting standards (or agencies agency with similar functions) which changes, in any such case, result in a change in the method of calculation of financial covenants, standards, or terms applicable to any Relevant Bema Group Company such Obligor found in this Agreement or any other Loan Finance Document, the parties hereto Parties agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations evaluation of such Obligor’s 's financial condition shall be the same after such changes as if such changes had not been made; provided, however, that until the Lender has Required Lenders have given its their consent to such amendments, each Relevant Bema Group Companysuch ▇▇▇▇▇▇▇'s financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements referred to in Clause 6.59.5(a).

Appears in 1 contract

Sources: Loan Agreement (Bema Gold Corp /Can/)

Change in Accounting Principles. If, after the Effective Date, there shall (without prejudice to Clause 1.6 and Clause 9.13(b)) be any material change to Bemathe Borrower's Fiscal Year, or in the application of the accounting principles used in the preparation of the financial statements referred to in Clause 6.5(a) SECTION 6.5 as a result of the promulgation of rules, regulations, pronouncements, pronouncements or opinions by any Governmental Agency or any entity with responsibility for the administration of agencies having jurisdiction over financial reporting and accounting standards (or agencies with similar functions) which changes, in any such case, changes result in a change in the method of calculation of of, or have an adverse impact on, financial covenants, standards, or terms applicable to any Relevant Bema Group Company the Borrower found in this Agreement or any other Loan Document, the parties hereto Borrower and the Administrative Agent agree promptly to enter into negotiations in order to amend such financial covenants, standards or terms so as to reflect equitably such changes with the desired result that the evaluations of such Obligor’s the Borrower's financial condition shall be the same after such changes as if such changes had not been made; providedPROVIDED, howeverHOWEVER, that until the Lender has Required Lenders have given its their consent (such consent not to be unreasonably withheld, conditioned or delayed) to the Administrative Agent to such amendments, each Relevant Bema Group Companysuch Borrower's financial condition shall continue to be evaluated on the same principles as those used in the preparation of the financial statements of the Borrower referred to in Clause SECTION 6.5.

Appears in 1 contract

Sources: Subordinated Loan Agreement (Hecla Mining Co/De/)