Consolidated Cash Flow from Operations. The ratios pursuant to clauses (i) and (ii) above shall be computed on the date of each Acquisition Requiring Certification as more fully set forth in the third sentence of Section 8.01(m)(i) or the second sentence of Section 8.01(m)(ii), as applicable, and any interest rate adjustment attributable to such computation shall be effective on the date of such Acquisition Requiring Certification. If Borrower does not make any Acquisition Requiring Certification during any fiscal quarter, such ratio shall also be computed as of the end of such quarter with Consolidated Cash Flow from Operations computed for the four fiscal quarters then ended and Total Indebtedness computed as of the end of such fiscal quarter, but any interest adjustments attributable to a change in such ratio shall be effective (a) with respect to an increase of the applicable interest rate, as of the Delivery Date for the Borrower's consolidated financial statements for such quarter and (b) with respect to a decrease of the applicable interest rate, as of the later of the Delivery Date for such financial statements and the date on which such financial statements are actually delivered to the Agent and the Banks.
Consolidated Cash Flow from Operations and Consolidated Net Income shall be calculated as of each date of determination (after giving effect to each dividend or distribution and each purchase or redemption of the Borrower's stock) based upon the four fiscal quarters most recently then ended for which a Compliance Certificate has been delivered to the Administrative Agent.
Consolidated Cash Flow from Operations. Such ratio shall be computed as of the end of each fiscal quarter, with the calculation of Consolidated Cash Flow from Operations made as provided in the definition of such term in Section 1.1. Adjustments to interest attributable to a change in such ratio shall be effective (a) on the Delivery Date for the Borrower's consolidated financial statements for such quarter if the applicable interest rate is to be increased and (b) on the later of the Delivery Date for such financial statements or the date on which such financial statements are actually delivered to the Bank if the applicable interest rate is to be decreased. Ratio of Consolidated Funded Debt to Consolidated Cash Flow from Operations Applicable Interest Rate ------------------------- ------------------------ Greater than or equal to 2.5 to 1.0 Base Rate plus 1.00% Greater than or equal to 2.0 to 1.0 but less than 2.5 to 1.0 Base Rate plus 0.75% Greater than or equal to 1.0 to 1.0 but less than 2.0 to 1.0 Base Rate plus 0.50% Less than 1.0 to 1.0 Base Rate plus 0.25%
Consolidated Cash Flow from Operations for any period of determination shall mean the sum of net income, depreciation, amortization, other non-cash charges to net income, interest expense and cash income tax expense minus non-cash credits to net income, all measured on a rolling four quarters basis in each case of the borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP.
Consolidated Cash Flow from Operations. Such ratio shall be computed as of the end of each fiscal quarter, with the calculation of Consolidated Cash Flow from Operations made as provided in the definition of such term in Section 1.1. Adjustments to the Commitment Fee attributable to a change in such ratio shall be effective (a) on the Delivery Date for the Borrower's consolidated financial statements for such quarter if the Applicable Commitment Fee is to be increased and (b) on the later of the Delivery Date for such financial statements or the date on which such financial statements are actually delivered to the Agent and the Banks if the Applicable Commitment Fee is to be decreased. Ratio of Consolidated Applicable Funded Debt to Consolidated Commitment Cash Flow from Operations Fee Per Annum ------------------------- ------------- Greater than 2.5 to 1.0 .50% Greater than 2.0 to 1.0 but .45% less than or equal to 2.5 to 1.0 Greater than 1.5 to 1.0 but .375% less than or equal to 2.0 to 1.0 Less than or equal to 1.5 to 1.0 .30% Notwithstanding the foregoing, for the period from the Closing Date through and including May 17, 1998 the Applicable Commitment Fee shall be .50%. All Commitment Fees shall be payable in arrears on the first Business Day of each January, April, July and October after the date hereof and on the Expiration Date or upon acceleration of the Notes.
Consolidated Cash Flow from Operations. Such ratio shall be computed as of the end of each fiscal quarter, with the calculation of Consolidated Cash Flow from Operations made as provided in the definition of Ratio of Consolidated Funded Debt to Consolidated Cash Flow from Operations Applicable Interest Rate ------------------------- ------------------------ Greater than 2.50 to 1.0 Base Rate plus 1.25% Greater than 2.00 to 1.0 but Base Rate plus 1.00% less than or equal to 2.50 to 1.0 Greater than 1.50 to 1.0 but Base Rate plus .625% less than or equal to 2.00 to 1.0 Less than or equal to 1.5 to 1.0 Base Rate plus .125%
Consolidated Cash Flow from Operations. Such ratio shall be computed as of the end of each fiscal quarter, with the calculation of Consolidated Cash Flow from Operations made as provided in the definition of such term in Section 1.1. Adjustments to interest attributable to a change in such ratio shall be effective (a) on the Delivery Date for the Borrower's consolidated financial statements for such quarter if the applicable interest rate is to be increased and (b) on the later of the Delivery Date for such financial statements or the date on which such financial statements are actually delivered to the Bank if the applicable interest rate is to be decreased. Ratio of Consolidated Funded Debt to Consolidated Cash Flow from Operations Applicable Margin ------------------------- ----------------- Greater than or equal to 2.5 to 1.0 2.50% Greater than or equal to 2.0 to 1.0 but less than 2.5 to 1.0 2.25% Greater than or equal to 1.0 to 1.0 but less
Consolidated Cash Flow from Operations. Adjustment Amount shall -------------------------------------------------------- mean, for each Class A Excluded Entity, for any period of determination, the amount equal to the product of (A) a percentage, as determined by the Administrative Agent in its reasonable discretion, multiplied by (B) the difference between (i) the sum of net income, depreciation, amortization, other non-cash charges to such net income, interest expense and income tax expense of such Class A Excluded Entity for such period, as determined in accordance with GAAP, minus (ii) non-cash credits to net income of such Class A Excluded Entity for such period, as determined in accordance with GAAP. In determining the applicable percentage under clause (A) above, the Administrative Agent shall review with the Borrower the constituent documents of each Excluded Entity, including without limitation, partnership agreements, shareholder agreements and other relevant documents which the Borrower agrees to provide as the Administrative Agent may reasonably request, and the Administrative Agent shall also review the equity ownership interests of the Loan Parties in each Excluded Entity and the actual cash flow available to be distributed to the Loan Parties from the operations of each Excluded Entity. Consolidated Net Income shall mean for any period of ----------------------- determination an amount equal to the net income of the Borrower and its Restricted Subsidiaries for such period determined in accordance with GAAP, but without regard to net income attributable to Excluded Entities. Consolidated Net Worth shall mean as of any date of ---------------------- determination total stockholders' equity of the Borrower and its Subsidiaries as of such date determined and consolidated in accordance with GAAP. Contamination shall mean the presence or release or threat of ------------- release of Regulated Substances in, on, under or emanating to or from the Property, which pursuant to Environmental Laws requires notification or reporting to an Official Body, or which pursuant to Environmental Laws requires the identification, investigation, cleanup, removal, remediation, containment, control, abatement of or other response action or which otherwise constitutes a violation of Environmental Laws. Control Investment Affiliate shall mean as to any Person, any ---------------------------- other Person which (a) directly or indirectly, is in control of, is controlled by, or is under common control with, s...
Consolidated Cash Flow from Operations for any period of determination shall mean for the four fiscal quarters then ended (i) the sum of net income, depreciation, depletion, amortization, other non-cash charges to net income, interest expense and income tax expense minus (ii) non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP. Consolidated EBITDA for any period of determination shall mean (i) the sum of net income, depreciation, depletion, amortization, other non-cash charges to net income, interest expense and income tax expense minus (ii) non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP.
Consolidated Cash Flow from Operations. Permit Consolidated Cash Flow From Operations as of the end of any calendar month for the immediately preceding twelve (12) calendar months ending on such date to be less than the sum of $20,000,000.
