Financial Covenants. The [[Organization A:Organization]] will not permit # the Interest Coverage Ratio as of the last day of any fiscal quarter of the [[Organization A:Organization]] to be less than 4.00:1.00 or # the Leverage Ratio as of the last day of any fiscal quarter of the [[Organization A:Organization]] following the Closing Date to be greater than # 5.75:1.00 from the Closing Date until and including March 31, 2019, and # 5.25:1.00 thereafter.

Financial Covenants. Failure by any Borrower or any Guarantor to comply with any financial covenant set forth in [Section 8.4];

Financial Covenants. Notwithstanding anything to the contrary contained in Section ‎8.01, in the event that the Borrower fails to comply with the requirements of the financial covenants set forth in Section ‎6.15 as of the last day of any fiscal quarter for which such covenant is tested, until the expiration of the 10th Business Day subsequent to the Cure Specified Date for such fiscal quarter, the Borrower shall have the right to give written notice (the “Cure Notice”), on or prior to the 10th Business Day subsequent to such Cure Specified Date, to the Administrative Agent of the intent of the Borrower to issue Permitted Cure Securities for cash or otherwise contribute cash common equity and/or other Qualified Stock to the capital of the Borrower (collectively, the “Cure Right”) and, upon contribution of the net cash proceeds (such net cash proceeds, the “Cure Amount”) to the Borrower as cash common equity and/or other Qualified Stock after the Cure Specified Date for such fiscal quarter pursuant to the exercise by the Borrower of such Cure Right, which exercise shall be made after such Cure Specified Date on or before the 10th Business Day subsequent to such Cure Specified Date, the covenant set forth in Section ‎6.15 shall be recalculated giving effect to the following adjustments on a Pro Forma Basis:

Parent covenants and agrees that, until the termination of all of the Commitments and the payment in full of the Obligations, Parent and its Restricted Subsidiaries will maintain a Fixed Charge Coverage Ratio, calculated for each 12 month period ending on the first day of any Covenant Testing Period and the last day of each fiscal month occurring on or before the end of any Covenant Testing Period, in each case of at least 1.00 to 1.00.

Financial Covenants. Clauses [(b) and (c) of Section 8.12] of the Credit Agreement are hereby deleted in their entirety and the following are inserted in their stead:

FINANCIAL COVENANTS. During the term of this Agreement, the [[Organization A:Organization]] shall not violate, and shall not suffer or permit any of its Subsidiaries to violate, any of the following covenants (complete applicable financial covenant) or any Additional Financial Covenants on the Schedule. For purposes of this Section, if the [[Organization A:Organization]] has any Subsidiaries all references to the [[Organization A:Organization]] shall include the [[Organization A:Organization]] and all of its Subsidiaries on a consolidated basis. Unless a different measurement period is specified, compliance for the financial covenants shall be required at all times.

Financial Covenants. As of December 31, 2017, Borrower shall be in compliance with the financial covenants contained in Sections 9.08 and 9.09 on a Pro Forma Basis as if any Borrowing on the Effective Date had occurred on December 31, 2017 (without netting the proceeds of any Borrowing on the Effective Date).

Financial Covenants. At all times prior to the Agreement Termination Date (and thereafter if expressly required), [[Organization B:Organization]] shall promptly and fully perform, observe and comply with the provisions set forth in Exhibit E.

Financial Covenants. Guarantor covenants and agrees that, until the Guaranty Termination Date, Guarantor will, at all times, observe, perform and comply with each of the following covenant(s):

Financial Statements. [[Organization B:Organization]] shall have received a copy of the Financial Statements, which in each case shall be satisfactory in all respects to [[Organization B:Organization]] and Lenders;

Financial Statements. The Administrative Agent shall have received # the Audited Financial Statements, # the Unaudited Financial Statements and # the Pro Forma Financial Statements.

Financial Statements. Sellers have made available to Purchaser complete and correct copies of # the audited combined and consolidated balance sheets of RAHI as of ​ and ​, and the related combined and consolidated statements of operations, comprehensive income, cash flows and changes in equity for each of the two (2) years in the periods ended ​ and ​ (the “Audited Financial Statements”) and # the unaudited consolidated balance sheet of the Business of the Target Entities except RAIH for the one-month period ended as of ​ (the “Latest Balance Sheet”), and the related unaudited consolidated statements of income for the one-month period ended as of ​ (the “Unaudited Financial Statements”; and together with the Audited Financial Statements, the “Financial Statements”), true and complete copies of which are set forth in [Schedule 4.4]. The Financial Statements, in all material respects, # have been prepared from, are in accordance with, and accurately reflect the books and records of the applicable Target Entities (except as may be indicated in the notes thereto), # fairly present the combined financial position and combined results of operations and cash flows of the Business of the applicable Target Entities as of the respective dates or for the respective time periods set forth therein and # have been prepared in accordance with GAAP consistently applied (except as may be indicated in the notes thereto or, in the case of the Unaudited Financial Statements, for normal and recurring year-end adjustments).

Financial Statements. On or prior to the Effective Date, Lender shall have received true and correct copies of the historical consolidated financial statements referred to in Section 7.05(a).

Financial Audits. Arcus shall use commercially reasonable efforts to keep accurate and complete records of all financial information needed to calculate Net Sales and/or any other information necessary to determine whether other payments are due to WuXi under this Article 5. Arcus shall retain such records relating to Net Sales and/or any payments made to it in connection with this Agreement during the ​ preceding calendar years. At WuXi’s written request, such records shall be made available for inspection, review and audit, during normal business hours, without undue business interruption and with reasonable advance notice to Arcus, by an independent certified public accountant appointed by WuXi and reasonably acceptable to Arcus for the sole purpose of verifying that Arcus has complied with its payment obligations under this Article 5. In no event may WuXi conduct such audit more than once per calendar year, and prior to the start of any such audit, Arcus may require that such accountant enter into a reasonable confidentiality agreement with it. A copy of any report provided to WuXi by the accountant shall be given concurrently to Arcus. WuXi shall be responsible for all costs and expenses incurred in performing any such audit unless the audit discloses, and Arcus does not reasonably dispute such result, at least a ​ percent (​) shortfall, in which case Arcus shall bear the reasonable cost of the entire audit.

Financial Information. Upon Landlord’s request, Tenant shall furnish Landlord with true and complete copies of # Tenant’s most recent audited annual financial statements within 90 days of the end of each of Tenant’s fiscal years during the Term, # Tenant’s most recent unaudited quarterly financial statements within 45 days of the end of each of Tenant’s first three fiscal quarters of each of Tenant’s fiscal years during the Term, # at Landlord’s request from time to time, updated business plans, including cash flow projections and/or pro forma balance sheets and income statements, # corporate brochures and/or profiles prepared by Tenant for prospective investors, and # any other financial information or summaries that Tenant typically provides to its lenders. Landlord shall treat all of the information which Tenant provides to Landlord pursuant to this Section 41(c) as confidential information belonging to Tenant and shall not be disclosed to any third parties unless such parties have a need to know in connection with any acquisition or financing related to the Property and such parties have agreed to maintain the confidentiality of such information. Notwithstanding the foregoing, in no event shall Tenant be required to provide any financial information to Landlord which Tenant does not otherwise prepare (or cause to be prepared) for its own purposes.

FINANCIAL PROVISIONS. In consideration of the rights granted by Abmuno to Arcus hereunder, and of the performance of technology transfer-related services under this Agreement, Arcus agrees to make the following payments:

Financial Statements. The Administrative Agent shall have received:

Financial Audit. Each Party shall maintain its books and records related to the Services, including (to the extent applicable) with respect to price adjustments, cancellation fees, FTE hours and raw material and component handling fees in accordance with its usual business practices for a period of at least ​. Either Party may conduct a financial audit of the other Party to confirm such Party’s compliance with financial terms of this Agreement upon ​ written notice and not more often than ​. The audit will be conducted by an independent third party selected by the Party initiating the audit and at such Party’s expense. In the event the audit reveals any net variance between amounts charged and amounts that should have been charged pursuant to the terms of this Agreement, such net overcharges/undercharges plus interest rate charges calculated in pursuant to [Section 8.4] shall be paid by wire transfer to the relevant Party within ​ of final determination. If such audit reveals more than a ​ net overcharges or a net overcharged in excess of ​ to the detriment of the auditing Party, then expenses for said auditor shall be reimbursed by the audited Party to the auditing Party up to a cap of ​.

#​ shall furnish to ​ the following, in each case together with an Officer’s Certificate certifying that the materials delivered pursuant thereto are true, correct and complete in all material respects: