Common use of Consolidated Fixed Charge Coverage Ratio Clause in Contracts

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company time to be less than (i) 1.10 to 1.00, as at the last day of ratios and for the fiscal quarters ending on or nearest to June periods set forth below: Closing Date through and including March 30, 2023, September 30, 2023, December 31, 2023, 2012 1.15 to 1.00 March 31, 2024 2012 and June 30, 2024 and (ii) 1.25 thereafter 1.20 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit at any time the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company Borrower to be less than (i) 1.10 the ratio set forth below for the period indicated: Minimum Consolidated Fixed Charge Coverage Period Ratio ------ ----- Closing Date through September 26, 1999 .75 to 1.00 September 27, 1999 through December 26, 1999 .80 to 1.00 December 27, 1999 and thereafter 1.00 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at of the last day of any fiscal quarter of the Company to be less than (i) 1.10 to 1.00the ratio indicated: June 28, as at the last day of the fiscal quarters ending on or nearest to 2020 and September 27, 2020 1.50:1.00 December 27, 2020 1.35:1.00 March 28, 2021 1.45:1.00 June 3027, 20232021 and September 26, September 302021 2.25:1.00 December 26, 2023, December 31, 2023, March 31, 2024 2021 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.thereafter 2.50:1.00

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Commencing on OctoberJuly 31, 20222023, maintain at all times a Consolidated Fixed Charge Coverage Ratio, tested at the end of each calendar month based upon the immediately preceding Applicable Fiscal Period, of not less than the ratio set below for such calendar month end: ​ ​Period Ratio as at OctoberJuly 31, 2022 – December 31, 20222023 – September 30,2023 0.50 to 1.00 JanuaryOctober 31, 2023 and the last day of any fiscal quarter of the Company each calendar month thereafter 1.00 to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.00 ​

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company time to be less than (i) the ratios and for the periods set forth below: Closing Date through and including March 30, 2011 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, 1.00 March 31, 2024 2011 through and June including March 30, 2024 2012 1.15 to 1.00 March 31, 2012 and (ii) 1.25 thereafter 1.20 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Maintain a Consolidated Fixed Charge Coverage Ratio as at of the last day of any each fiscal quarter of during the Company to be less than (i) 1.10 to 1.00periods specified below, as at the last day of the fiscal quarters ending commencing on or nearest to June 30, 20232008, of not less than the ratio set forth below opposite the applicable period: Effective Date through September 29, 2009 1.25 to 1.00 September 30, 2023, December 31, 2023, March 31, 2024 2009 and June 30, 2024 and (ii) 1.25 thereafter 1.40 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Cause to be maintained a Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be less than end of each Fiscal Quarter, (ia) 1.10 to 1.00, as at beginning with the last day of the fiscal quarters Fiscal Quarter ending on or nearest to June 30, 2023, September 30, 2023, December 31, 20232021, of not less than 1.25 to 1.00 through and including March 31, 2024 and June (b) beginning with the Fiscal Quarter ending JuneSeptember 30, 2024 2025 and (ii) 1.25 thereafter, of not less than 1.50 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Maintain, as of the last day of each Fiscal Period, a Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be not less than (i) 1.10 to 1.00the corresponding ratio for such day set forth below: September 30, as at the last day of the fiscal quarters ending on or nearest to 2009 1.25 : 1.00 December 31, 2009 1.25 : 1.00 March 31, 2010 1.25 : 1.00 June 30, 2023, 2010 1.20 : 1.00 September 30, 2023, 2010 1.20 : 1.00 December 31, 2023, March 31, 2024 2010 and June 30, 2024 and (ii) thereafter 1.25 to : 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Maintain at all times a Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be not less than (i) the following: Closing Date through and including 1.10 to 1.001.00 December 31, as at the last day of the fiscal quarters ending on or nearest 2003 January 1, 2004 through and 0.75 to June 301.00 including September 29, 2023, 2004 September 30, 20232004 through and 0.90 to 1.00 Including December 30, 2004 December 31, 20232004 through and 1.05 to 1.00 Including March 30, 2005 March 31, 2024 2005 and June 30, 2024 and (ii) thereafter 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Maintain, as of the last day of each fiscal quarter, for the Measuring Period then ending, commencing with the fiscal quarter ending December 31, 2006, a Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be not less than (i) 1.10 the ratio set forth opposite the applicable period: 12/31/06 through 3/30/07 2.50 to 1.00, as at the last day of the fiscal quarters ending on or nearest 1.0 3/31/07 through 6/29/07 1.50 to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 1.0 6/30/07 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the each fiscal quarter ending on or nearest thereafter 1.25 to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit As of the end of each fiscal quarter ending during the following periods, the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to shall be less greater than (i) or equal to: Period Minimum Ratio First Amendment Effective Date through March 31, 2017 1.10 to 1.001.00 April 1, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, 2017 through September 30, 20232017 1.15 to 1.00 October 1, December 31, 2023, March 31, 2024 2017 and June 30, 2024 and (ii) 1.25 thereafter 1.20 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio to be less than (i) 1.35:1.00 as at of the last day of each fiscal quarter ending March 31, 2019 (for the avoidance of doubt, such calculation shall be for the three (3) month period ending on such date), June 30, 2019 and September 30, 2019 and (ii) 1.50:1.00 as of the last day of any fiscal quarter of thereafter. In all cases, the Company to Consolidated Fixed Charge Coverage Ratio shall be less than (i) 1.10 to 1.00, as at determined based on information for the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal most recent quarter ending on or nearest to September 30, 2024 and each quarter thereafterannualized.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Borrower shall at all times maintain a Consolidated Fixed Charge Coverage Ratio as of at least the last day of any ratios shown below for the period corresponding thereto, calculated quarterly based upon the immediately preceding 4 fiscal quarter of the Company quarters: Period Ratio ------ ----- Closing Date through 1.50 to be less than (i) 1.10 1 February 28, 1997 March 1, 1997 through 1.75 to 1.001 February 28, as at the last day of the fiscal quarters ending on or nearest 1998 March 1, 1998 and 2.0 to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter 1 thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not As of the last day of any fiscal quarter ending during the periods specified below, permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be less than (i) the corresponding ratio set forth below: Second Amendment Effective Date through March 28, 2021 1.10 to 1.001.00 June 27, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 2021 1.25 to 1.00 September 26, 2021 and thereafter 1.50 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company time to be less than 1.25 to 1.00.1.00; provided that (i) 1.10 to 1.00, as at for purposes of calculating the last day of Consolidated Fixed Charge Coverage Ratio for the fiscal quarters period ending on or nearest to June 30, 2023, September 30, 20232019, December 31the aggregate amount of all maintenance Capital Expenditures shall be deemed to be an amount equal to $16,500,000, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00the Consolidated Fixed Charge Coverage Ratio shall not be tested for the Measurement Periods ending December 31, as at the last day of the fiscal quarter ending on or nearest to September 302019 and March 31, 2024 and each quarter thereafter2020.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at of the last day end of any fiscal quarter of the Company to be less than (i) 1.10 to 1.00, as at the last day of ratio set forth below opposite the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, applicable period: Closing Date through December 31, 20232005 1.25 to 1.0 January 1, March 2006 through December 31, 2024 and June 2006 0.60 to 1.0 January 1, 2007 through December 30, 2024 2007 1.10 to 1.0 December 31, 2007 and (ii) thereafter 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company end of each calendar month to be less than (i) 1.10 to 1.00the ratio set forth below opposite such calendar month: July 31, as at the last day of the fiscal quarters ending on or nearest to June 2004 through November 30, 2023, September 30, 2023, 2004 1.15 to 1.0 December 31, 20232004 through November 30, March 2005 1.25 to 1.0 December 31, 2024 2005 and June 30, 2024 and (ii) 1.25 thereafter 1.35 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as Ratio, at any time during the last day of any fiscal quarter of the Company following periods, to be less than (i) the ratio set forth below opposite such period: Closing Date through December 31, 2011 1.10 to 1.001.0 January 1, as at the last day of the fiscal quarters ending on or nearest to 2012 through June 30, 20232012 1.20 to 1.0 July 1, September 30, 2023, 2012 through December 31, 20232012 1.30 to 1.0 January 1, March 31, 2024 2013 and June 30, 2024 and (ii) 1.25 thereafter 1.50 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio Ratio, as at of the last day of any fiscal quarter of the Company each calendar month commencing on October 31, 2006 and calculated on a trailing twelve month calendar basis, to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit As of the end of each fiscal quarter, the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to shall be not less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December than: Closing Date through January 31, 20232001 1.25:1.0 February 1, March 2001 through January 31, 2024 2002 1.35:1.0 February 1, 2002 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.thereafter 1.50:1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not As of the end of each fiscal quarter, permit the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June than: Closing Date through December 30, 20232007 1.25:1.0 December 31, 2007 through September 29, 2008 1.35:1.0 September 30, 2023, December 31, 2023, March 31, 2024 2008 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.thereafter 1.50:1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Commencing on July 31June 30, 2023, maintain at all times a Consolidated Fixed Charge Coverage Ratio as Ratio, tested at the end of each calendar month based upon the immediately preceding Applicable Fiscal Period, of not less than the ratio set below for such calendar month end: 73 ‌ ​ PeriodRatio July 31, 2023 – SeptemberJune 30, 2023, through and including December 31, 2023 0.50 to 1.00 OctoberJanuary 31, 20232024, and the last day of any fiscal quarter of the Company to be less than (i) 1.10 each calendar month thereafter 1.00 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit As of the end of each fiscal quarter ending during the following periods, the Consolidated Fixed Charge Coverage Ratio as at the last day of any fiscal quarter of the Company to shall be less greater than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, September 30, 2023, December 31, 2023, equal to: Closing Date through March 31, 2024 and June 30, 2024 and 2007 (ii) 1.25 to 1.00, as at the last day of excluding the fiscal quarter ending on or nearest to September 30, 2024 2006) 1.00 to 1.00 April 1, 2007 through September 30, 2007 1.10 to 1.00 October 1, 2007 through December 31, 2008 1.20 to 1.00 January 1, 2009 and each quarter thereafter.thereafter 1.30 to 1.00

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at the last day of for any fiscal quarter of the Company period ending during a period specified below to be less than (i) the amount the amount specified opposite such period: PERIOD RATIO Closing Date through March 31, 1997 1.10 to 1.00: 1.00 April 1, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, 1998 through September 30, 20231998 1.15 : 1.00 October 1, December 31, 2023, 1998 through March 31, 2024 and June 301999 1.20 : 1.00 April 1, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to 1999 through September 30, 2024 and each quarter thereafter.1999 1.35 : 1.00 Thereafter 1.50 : 1.00

Consolidated Fixed Charge Coverage Ratio. The Company will not permit There shall be ---------------------------------------- maintained, as of the end of each fiscal quarter to occur during the periods shown, a Consolidated Fixed Charge Coverage Ratio as of at the last day of any fiscal quarter of the Company to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, least: Closing Date through September 30, 20231997 1.75:1.0 October 1, December 31, 2023, March 31, 2024 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to 1997 through September 30, 2024 1999 2.00:1.0 October 1, 1999 and each quarter thereafter.thereafter 2.25:1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at any time during the last day of any fiscal quarter of the Company following periods to be less than (i) 1.10 to 1.00, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, ratio set forth below opposite such period: Closing Date through September 30, 20232017 1.40 to 1.0 October 1, December 31, 2023, March 31, 2024 2017 and June 30, 2024 and (ii) 1.25 thereafter 1.50 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at any time during the last day of any fiscal quarter of the Company following periods to be less than (i) 1.10 the ratio set forth below opposite such period: January 1, 2022 through March 31, 2022 1.00 to 1.001.0 April 1, as at the last day of the fiscal quarters ending on or nearest to June 30, 2023, 2022 through September 30, 20232022 1.10 to 1.0 October 1, 2022 through December 31, 20232022 1.20 to 1.0 January 1, March 31, 2024 2023 and June 30, 2024 and thereafter 1.40 to 1.0 (iig) 1.25 to 1.00, as at the last day Section 7.17(e) of the fiscal quarter ending on or nearest to September 30, 2024 Credit Agreement is hereby deleted in its entirety and each quarter thereafter.replaced with the following:

Consolidated Fixed Charge Coverage Ratio. The Company will not permit the Maintain a Consolidated Fixed Charge Coverage Ratio as at of the last day of any each fiscal quarter of during the Company to be less than (i) 1.10 to 1.00periods specified below, as at the last day of the fiscal quarters ending commencing on or nearest to June 30, 20232008, of not less than the ratio set forth below opposite the applicable period: Closing Date through September 29, 2009 1.15 to 1.00 September 30, 2023, December 31, 2023, March 31, 2024 2009 and June 30, 2024 and (ii) 1.25 thereafter 1.30 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at any time during the last day of any fiscal quarter of the Company following periods to be less than (i) 1.10 to 1.00the ratio set forth below opposite such period: April 1, as at the last day of the fiscal quarters ending on or nearest to 2021 through June 30, 20232021 1.00 to 1.0 July 1, September 30, 2023, 2021 through December 31, 20232021 1.10 to 1.0 January 1, 2022 through March 31, 2024 2022 1.20 to 1.0 April 1, 2022 and June 30, 2024 and (ii) 1.25 thereafter 1.40 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.1.0

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at of the last day end of any fiscal quarter of the Company during any period set forth below to be less than (i) 1.10 to 1.00the ratio set forth below opposite such period: Closing Date through October 27, as at the last day of the fiscal quarters ending on or nearest to June 302009 1.25:1.00 October 28, 20232009 through October 27, September 302010 1.50:1.00 October 28, 20232010 through October 27, December 312011 1.75:1.00 October 28, 2023, March 31, 2024 2011 and June 30, 2024 and (ii) 1.25 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.thereafter 2.00:1.00

Consolidated Fixed Charge Coverage Ratio. The Company will not permit Permit the Consolidated Fixed Charge Coverage Ratio as at of the last day end of any Measurement Period ending as of the end of any fiscal quarter of the Company Borrower to be less than (i) 1.10 the ratio set forth below opposite such Measurement Period: Closing Date through March 31, 2019 1.20 to 1.00, as at the last day of the fiscal quarters ending on or nearest to 1.00 June 30, 20232019 through December 31, 2019 Waived March 31, 2020 0.75 to 1.00 June 30, 2020 0.90 to 1.00 September 30, 2023, December 31, 2023, March 31, 2024 2020 and June 30, 2024 and (ii) 1.25 thereafter 1.20 to 1.00, as at the last day of the fiscal quarter ending on or nearest to September 30, 2024 and each quarter thereafter.