Packing List and Pro Forma Invoice. In all cases, Seller must provide to Buyer, a packing list containing all information specified in [Section 19] below and a commercial or pro forma invoice. The commercial/pro forma invoice shall be in English or if requested by Buyer, the language of the destination country and shall include: contact names and telephone numbers of representatives of Buyer and Seller who have knowledge of the transaction; Buyers order number, order line item, release number (in the case of a blanket order) and part number; detailed description of the merchandise; unit purchase price in the currency of the transaction; quantity; INCOTERM; the named location; country of origin of the goods as determined under applicable customs laws, and the appropriate export classification code for each item as determined by the law of the exporting country (for example, for exports from the U.S., Seller shall provide the U.S. Commerce Departments Export Control Classification Number).
“Pro Forma Basis”, “Pro Forma Compliance” and “Pro Forma Effect”: with respect to compliance with any test, financial ratio, or covenant hereunder, the determination of such calculation, test, financial ratio or covenant is made in accordance with [Section 1.3], including with respect to any Specified Transactions.
SECTION # Pro Forma Calculations; Limited Condition Acquisitions; Basket and Ratio Compliance.
§11.3 Pro Forma Compliance. After giving effect to such requested Loan, the Borrower would remain in pro forma compliance with the financial covenants set forth in §9.
The consolidated balance sheet of the Borrower and its Subsidiaries as at and the related consolidated and consolidating pro forma statements of income and cash flows of the Borrower and its Subsidiaries for the three months then ended, certified by the chief financial officer or treasurer of the Borrower, copies of which have been furnished to each Lender, fairly present the consolidated and consolidating pro forma financial condition of the Borrower and its Subsidiaries as at such date and the consolidated and consolidating pro forma results of operations of the Borrower and its Subsidiaries for the period ended on such date, in each case giving effect to the Loans, all in accordance with GAAP.
Financial Condition and Operations. The balance sheets of Borrower as of , and the related statements of income and, with respect to the period ended , the related statement of cash flow of Borrower for the fiscal period then ended, copies of which have been furnished to Bank, fairly present in all material respects the financial condition of Borrower as at such date and the results of the operations of Borrower for the period ended on such dates, all in accordance with generally accepted accounting principles consistently applied (except for the absence of footnotes and subject to normal year-end audit adjustments, and since , there has been no material adverse change in such condition or operations.
"Pro Forma Financial Statements" has the meaning assigned to such term in [Section 5.5(b)].
“Pro Forma Financial Statements” has the meaning assigned to such term in [Section 3.04(c)].
the Loan Parties shall demonstrate to the reasonable satisfaction of the Administrative Agent that, after giving effect to the Acquisition on a Pro Forma Basis, the Loan Parties are in Pro Forma Compliance with the financial covenants set forth in [Section 7.11];
immediately after giving effect to such purchase, investment or other acquisition, the Group Members shall be in pro forma compliance with each of the covenants set forth in [Section 7.1] and # the pro forma Consolidated Total Net Leverage Ratio shall not exceed the ratio that is 0.25x less than the applicable covenant level, in each case, as of the last day of the most recent fiscal quarter for which financial statements have been delivered hereunder (which shall be calculated in accordance with [Section 1.4] in the case of a Limited Condition Acquisition);
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