Certain Financial Covenants Sample Clauses

Certain Financial Covenants. In addition to the covenants described in Section 5.1 and Section 5.2, so long as any Commitment remains in effect, any Advance is outstanding or any amount is owing to any Lender hereunder or under any other Loan Document, the Borrower will perform and comply with each of the covenants set forth on Schedule VI.

Certain Financial Covenants. Tenant or an Affiliate, as --------------------------- applicable, is in compliance in all material respects with all financial covenants required to be maintained pursuant to any franchise or other agreement pursuant to which Tenant or such Affiliate operates its business, except in such respects as shall not result in any franchisor under any franchise or operating agreement to which Tenant is a party taking any action that could result in a Material Adverse Change.

Certain Financial Covenants. 51 SECTION 8.02. Financial Statements and Information............................................ 51 SECTION 8.03. Existence; Laws; Obligations................................ 54 SECTION 8.04. Notice of Litigation and Other Matters................................................ 54 SECTION 8.05.

Certain Financial Covenants. Section 8.10 of the Credit Agreement is hereby amended to read in its entirety as follows:

Certain Financial Covenants. All of the following covenants shall be measured at the end of each fiscal quarter of the Credit Parties, based on the four immediately preceding fiscal quarters of the Credit Parties, except as otherwise set forth below.

Certain Financial Covenants. (a) Guarantor shall not permit with respect to itself (and its Subsidiaries on a consolidated basis) any of the following to be breached, as determined quarterly on a consolidated basis in conformity with GAAP:

Certain Financial Covenants. The Borrower will not permit the non-compliance with any of the following covenants and ratios at any time, such covenants and ratios to be tested (x) on the last day of each Fiscal Quarter and (y) at any time acquisitions and Dispositions by the Borrower and its Subsidiary Entities (provided, in the case of a Joint Venture, such calculation shall be made based upon the Consolidated Entities’ direct or indirect pro rata share of such acquisition or Disposition) exceed $100,000,000 in any Fiscal Quarter, and in the case of clause (y), the following covenants and ratios shall be adjusted to reflect any such acquisitions and Dispositions:

Certain Financial Covenants. 86 9.11 Lines of Business..................................................88 9.12 Transactions with Affiliates.......................................88 9.13 Use of Proceeds....................................................89 9.14

Certain Financial Covenants. Guarantor covenants that: (a) At no time will Trust’s Liquidity fall below $20,000,000; provided, however, in the event that Guarantor has entered into or shall enter into or amend a repurchase agreement, warehouse facility, credit facility or other similar arrangement for the financing of commercial mortgage loans of a comparable or shorter term nature with any person, which by its terms requires Guarantor (or any of them) to maintain a minimum level of Liquidity in excess of the amount required above (a “More Favorable Agreement”), Guarantor shall promptly notify Buyer of the terms of such More Favorable Agreement and, at Buyer’s written request, the parties shall enter into an amendment of this Section 5 increasing the minimum required Liquidity amount to such higher amount required in such More Favorable Agreement and shall otherwise amend any applicable terms of the Repurchase Agreement, the other Transaction Documents and this Guaranty as necessary to reflect such increase in the required Liquidity amount, which amendment(s) shall be in form and substance reasonably acceptable to each of the parties. (b) At no time will Trust’s Total Equity be less than the greater of (i) an amount equal to the product of (A) the then-current Maximum Amount (as defined in the Letter Agreement) multiplied by (B) one and one-half (1.5), and (ii) $300,000,000. (c) At no time will Trust’s Adjusted Leverage Ratio be more than 2.5:1.0.