Common use of Cash Coverage Ratio Clause in Contracts

Cash Coverage Ratio. The Company shall maintain, as of the last day of each Measurement Quarter, a minimum ratio of (i) the sum of (A) Cash Dividend Income for the four-fiscal-quarter period ending on such day, plus (B) the lesser of (x) 25% of the Net Proceeds received by the Company from the sale, assignment or other disposition (but not the lease or license) of any property, including without limitation, any sale of capital stock or other equity interest in any of the Company's direct or indirect Subsidiaries during such period and (y) $50,000,000 to (ii) an amount equal to (A) interest expense (excluding (1) all arrangement, underwriting and other similar fees payable in connection with this Agreement, (2) all arrangement, underwriting and upfront fees paid in connection with the Borrowers' senior secured credit facility dated December 8, 2003, (3) all interest or dividends paid on Hybrid Preferred Securities and (4) interest expense payable by the Company in respect of any Debt owing to any Subsidiary thereof) accrued by the Company in respect of all Debt during such period, minus (B) cash interest income received by the Company from Persons other than any Subsidiary of the Company, during such period, minus (C) all amounts received by the Company from its Subsidiaries and Affiliates during such period constituting reimbursement of interest expense and commitment, guaranty and letter of credit charges of the Company to such Subsidiary or Affiliate, of not less than 1.20 to 1.00, commencing with the Measurement Quarter ending on June 30, 2004; provided, that the Company shall be deemed not to be in breach of the foregoing covenant if, during the Measurement Quarter, the Borrowers have permanently reduced the principal amount outstanding under this Agreement and the Promissory Notes, such that the amount determined pursuant to clause (ii) above, when recalculated on a pro forma basis assuming that the amount of such reduced principal amount outstanding under this Agreement and the Promissory Notes were in effect at all times during such four-fiscal-quarter period, would result in the Company being in compliance with such ratio.

Appears in 2 contracts

Samples: Credit Agreement (CMS Energy Corp), Credit Agreement (CMS Energy Corp)

AutoNDA by SimpleDocs

Cash Coverage Ratio. The Company Borrower shall maintain, as of the last day of each Measurement Quarter, a minimum ratio of (i) the sum of (A) Cash Dividend Income for the four-fiscal-quarter period ending on such day, plus (B) amounts received by the Borrower pursuant to the Tax Sharing Agreement during such period plus (C) the lesser of (x) 25% of the Net Proceeds received by the Company Borrower during such period from the sale, assignment or other disposition (but not the lease or license) of any property, including without limitation, any sale of capital stock or other equity interest in any of the Company's Borrower’s direct or indirect Subsidiaries during such period Subsidiaries, and (y) $50,000,000 150,000,000 to (ii) an amount equal to (A) interest expense (excluding (1) all arrangement, underwriting and other similar fees payable in connection with this Agreement, (2) all arrangement, underwriting and upfront fees paid in connection with the Borrowers' senior secured credit facility dated December 8, 2003Existing Credit Agreement and this Agreement, (3) all interest or dividends paid on Hybrid Preferred Securities and Hybrid Equity Securities, (4) interest expense payable by the Company Borrower in respect of any Debt owing to any Subsidiary thereofthereof and (5) all costs (including, without limitation, any prepayment or option premium or expense) otherwise included in interest expense recognized on early retirement of debt) accrued by the Company Borrower in respect of all Debt during such period, plus (B) cash United States federal income taxes paid by the Borrower during such period minus (BC) cash interest income received by the Company Borrower from Persons other than any Subsidiary of the Company, Borrower during such period, minus (CD) all amounts received by the Company Borrower from its Subsidiaries and Affiliates during such period constituting reimbursement of interest expense and commitment, guaranty and letter of credit charges of the Company Borrower to such Subsidiary or Affiliate, of not less than 1.20 to 1.00, commencing with the Measurement Quarter ending on June 30, 2004; provided, that the Company Borrower shall be deemed not to be in breach of the foregoing covenant if, during the Measurement Quarter, the Borrowers have Borrower has permanently reduced the principal amount outstanding under this Agreement and the Promissory Notes, such that the amount determined pursuant to clause (ii) above, when recalculated on a pro forma basis assuming that the amount of such reduced principal amount outstanding under this Agreement and the Promissory Notes were in effect at all times during such four-fiscal-quarter period, would result in the Company Borrower being in compliance with such ratio.

Appears in 2 contracts

Samples: Credit Agreement (CMS Energy Corp), Credit Agreement (Consumers Energy Co)

AutoNDA by SimpleDocs

Cash Coverage Ratio. The Company shall maintain, as of the last day of each Measurement Quarter, a minimum ratio of (i) the sum of (A) Cash Dividend Income for the four-fiscal-quarter period ending on such day, plus (B) amounts received by the Company pursuant to the Tax Sharing Agreement plus (C) the lesser of (x) 25% of the Net Proceeds received by the Company from the sale, assignment or other disposition (but not the lease or license) of any property, including without limitation, any sale of capital stock or other equity interest in any of the Company's direct or indirect Subsidiaries during such period and (y) $50,000,000 to (ii) an amount equal to (A) interest expense (excluding (1) all arrangement, underwriting and other similar fees payable in connection with this Agreement, (2) all arrangement, underwriting and upfront fees paid in connection with the Borrowers' senior secured credit facility dated December 8, 2003Existing Credit Agreement and this Agreement, (3) all interest or dividends paid on Hybrid Preferred Securities and (4) interest expense payable by the Company in respect of any Debt owing to any Subsidiary thereof) accrued by the Company in respect of all Debt during such period, plus (B) cash United States federal income taxes paid by the Company minus (BC) cash interest income received by the Company from Persons other than any Subsidiary of the Company, during such period, minus (CD) all amounts received by the Company from its Subsidiaries and Affiliates during such period constituting reimbursement of interest expense and commitment, guaranty and letter of credit charges of the Company to such Subsidiary or Affiliate, of not less than 1.20 to 1.00, commencing with the Measurement Quarter ending on June 30, 20042005; provided, that the Company shall be deemed not to be in breach of the foregoing covenant if, during the Measurement Quarter, the Borrowers have permanently reduced the principal amount outstanding under this Agreement and the Promissory Notes, such that the amount determined pursuant to clause (ii) above, when recalculated on a pro forma basis assuming that the amount of such reduced principal amount outstanding under this Agreement and the Promissory Notes were in effect at all times during such four-fiscal-quarter period, would result in the Company being in compliance with such ratio.

Appears in 1 contract

Samples: Credit Agreement (CMS Energy Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.