On-line Turbine Protection Testing. The following items are currently in practice by AES and shall continue to be so:

“Interest Coverage Ratio” means, for any Testing Period, the ratio of # Consolidated EBITDA for such Testing Period to # Consolidated Interest Expense for such Testing Period.

3.4Independent Testing. If Supplier disagrees with Purchaser’s determination that certain units of Supply Deliverables are Defective Product, then either Party may submit such Supply Deliverables to an independent Third Party testing service, mutually and reasonably acceptable to both parties, for analytical testing to determine whether such Supply Deliverables are Defective Product. The Parties agree that such testing service’s determination shall be final and determinative. The Party against whom the Third Party testing service rules shall bear all costs of the Third Party testing.

“Leverage Ratio” means, for any Testing Period, the ratio of # Consolidated Total Debt as of the last date of such Testing Period to # Consolidated EBITDA for such Testing Period.

Products have been selected for testing by a Governmental Authority which testing would affect or prevent manufacture or delivery.

“Financial Covenant Testing Satisfaction Event” shall mean the earliest date following a Financial Covenant Testing Triggering Event on which Borrowers have maintained at least

failure is the result of ​, whether as a result of failure to obtain sufficient quantities thereof, failure of viricidal testing thereof, receipt of ​ with insufficient minimum shelf life, or otherwise. Further, upon failure of viricidal testing of any ​, Elanco shall reimburse Diamond for Diamond's costs incurred for such testing.

Applicable limitations when testing changes from current year testing to prior year testing: The ADP for the prior plan year shall be determined taking into account only: # elective contributions for nonhighly compensated employees that were taken into account for purposes of the ADP test in the prior plan year under the current plan year testing method and # qualified nonelective contributions not previously taken into account under either the ADP or ACP test.

under the current year testing method for a year may not be taken into account under the prior year testing method for the next year.

“Financial Covenant Testing Period” shall mean the period commencing on the last day of the fiscal quarter immediately prior to the occurrence of a Financial Covenant Testing Triggering Event for which Agent has received financial statements pursuant to [Section 9.7] or