Common use of Certain Compliance Calculations Clause in Contracts

Certain Compliance Calculations. Notwithstanding anything to the contrary in this Indenture with respect to any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Indenture under a restrictive covenant that does not require compliance with a financial ratio or test (including, without limitation, any Senior Secured Indebtedness Leverage Ratio test) (any such amounts, the “Fixed Amounts”) substantially concurrently with any amounts incurred or transactions entered into (or consummated) in reliance on a provision of this Indenture that requires compliance with any such financial ratio or test (any such amounts, the “Incurrence Based Amounts”), in a single transaction or action or series of related transactions or actions (for the purposes of this Section 1.19, a “Relevant Transaction”), the Fixed Amounts (and any cash proceeds thereof and the uses of such proceeds) shall be disregarded in the calculation of the financial ratio or test applicable to the Incurrence Based Amounts in connection with such Relevant Transaction.

Certain Compliance Calculations. (a) Notwithstanding anything to the contrary in this Indenture with respect to any amounts incurred Incurred or transactions (including any Limited Condition Transaction) entered into (or consummated) in reliance on a provision of this Indenture under a restrictive covenant that does not require compliance with a financial ratio or ratio-based test (including, without limitation, any Senior Secured Indebtedness Leverage Ratio test) (any such amounts, the “Fixed Amounts”) substantially concurrently with any amounts incurred Incurred or transactions entered into (or consummated) in reliance on a provision of this Indenture that requires compliance with any such financial ratio or ratio-based test, including, without limitation, any Consolidated Fixed Charge Coverage Ratio test, any Net Leverage Ratio test or any Secured Leverage Ratio test (any such amounts, the “Incurrence Ratio Based Amounts”), in a single transaction or action or series of related transactions or actions (for the purposes of this Section 1.19, a “Relevant Transaction”), it is understood and agreed that the Fixed Amounts (and any cash proceeds thereof and the uses of such proceedsthereof) shall be disregarded in the calculation of the financial ratio or ratio-based test applicable to the Incurrence Ratio Based Amounts in connection with such Relevant Transactionsubstantially concurrent Incurrence.