Changes in GAAP or IFRS. If at any time any change in GAAP or IFRS, or the application thereof, would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either Borrower or the Required Lenders shall so request, Agent and 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 or IFRS or the application thereof, as applicable (subject to the approval of the Required Lenders); provided that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP or IFRS, as applicable, prior to such change therein and (ii) Borrower shall provide to Agent and Lenders a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP or IFRS, as applicable.
Appears in 2 contracts
Sources: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
Changes in GAAP or IFRS. If at any time any change in GAAP or IFRS, or the application thereofas applicable, would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either Borrower the Borrowers or the Required Lenders shall so request, Agent the Administrative Agent, the Lenders and Borrower the Borrowers shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP or IFRS or the application thereof, as applicable (subject to the approval of the Required Lenders); provided that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP or IFRS, as applicable, IFRS prior to such change therein and (ii) Borrower the Borrowers shall provide to the Administrative Agent and 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 or IFRS, as applicable.
Appears in 1 contract
Sources: Credit Agreement (Velti PLC)