Consolidated Indebtedness. Consolidated Indebtedness denominated in any currency other than Dollars shall be calculated using the Dollar Equivalent thereof as of the date of the applicable financial statements on which such Consolidated Indebtedness is reflected.
Consolidated Indebtedness. The Borrower will not, as of the last day of any fiscal quarter, permit Total Indebtedness as of such date to exceed an amount equal to 62.5% of Total Capitalization as of such date.
Consolidated Indebtedness. The ratio ("Debt-to-Net Worth Ratio") of the Consolidated Indebtedness (excluding all guaranties except guaranties with respect to borrowed money) as of the end of each fiscal quarter of the Borrower beginning with the fiscal quarter ending September 30, 1995 to its Consolidated Tangible Net Worth as of the end of each fiscal quarter of the Borrower beginning with the fiscal quarter ending September 30, 1995 shall not exceed 1.5 to 1.
Consolidated Indebtedness. 24 "Consolidated Indebtedness to Consolidated Operating Cash Flow Ratio.... 24 "Consolidated Interest Expense.......................................... 24 "Consolidated Operating Cash Flow....................................... 25 "Consolidated Tax Expense............................................... 25 "
Consolidated Indebtedness. Incur, create, assume or permit to exist any Consolidated Indebtedness, howsoever evidenced, except:
(a) Consolidated Indebtedness existing as of the date hereof and as set forth in Schedule 7.6 attached hereto and incorporated herein by reference and any extension, renewal or refinancing thereof that does not increase the principal amount thereof or interest rate payable thereon from that existing immediately prior to such extension, renewal or refinancing; provided, none of the instruments and agreements evidencing or governing such Indebtedness shall be amended, modified or supplemented after the Closing Date to change any terms of subordination, repayment or rights of conversion, put, exchange or other rights from such terms and rights as in effect on the Closing Date;
(b) Consolidated Indebtedness owing to the Agent or any Lender in connection with this Agreement, any Note or other Loan Document;
(c) the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business;
(d) Consolidated Indebtedness of Solite Corporation and its Subsidiaries with respect to capitalized leases acquired in connection with the Solite Transaction;
(e) Consolidated Indebtedness of Borrowers acquired after the Closing Date, provided that (i) such Consolidated Indebtedness (A) is recorded in the financial books and records of such Borrower prior to such acquisition, (B) was not incurred by such Borrower in anticipation of such acquisition, and (C) is incurred upon terms determined by Giant Holding in its good faith business judgment to be more economically advantageous to the Borrowers than the terms of an Advance hereunder, (ii) immediately after such acquisition and the incurrence of such Consolidated Indebtedness, no Default or Event of Default has occurred or is continuing and (iii) the aggregate principal amount of such Consolidated Indebtedness does not exceed $7,500,000;
(f) (i) purchase money Consolidated Indebtedness and (ii) Consolidated Indebtedness incurred with respect to financing of Capital Expenditures, collectively under both clause (i) and (ii) not to exceed an aggregate outstanding amount at any time of $10,000,000;
(g) other Consolidated Indebtedness not otherwise covered by clauses (a) through (e) above, provided that the aggregate outstanding principal amount of all such other Consolidated Indebtedness permitted under this clause (f) shall in no event exceed $3,000,000 at any time.
Consolidated Indebtedness. The Borrowers will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Indebtedness if Total Indebtedness would exceed at any one time an amount equal to 62.5% of Total Capitalization.
Consolidated Indebtedness. The Company will not permit at any time Consolidated Indebtedness to exceed:
(i) 50% of Consolidated Total Capitalization as of the then most recently ended fiscal quarter until the later of (1) such time as the Banks and the holders of the Notes have equal and ratable priority in any Collateral and (2) such time as the ratio referred to in Section 7.13 has been at least 2.25 times for the period of four fiscal quarters ending on the last day of each of two consecutive fiscal quarters; and
(ii) 55% of Consolidated Total Capitalization as of the then most recently ended fiscal quarter thereafter.”
1.9. Amendment of Section 7.3. Section 7.3 is amended to read in its entirety as follows:
Consolidated Indebtedness. 24 Consolidated Indebtedness to Consolidated Operating Cash Flow Ratio........................................24
Consolidated Indebtedness. A. For the Borrower and its Subsidiaries, calculated on a consolidated basis, all Indebtedness at Statement Date calculated before giving consideration to the second paragraph of Section 5.03(a). $
B. For the Borrower and its Subsidiaries calculated on a consolidated basis, 25% of the principal amount of any mandatorily convertible unsecured bonds, debentures, preferred stock or similar instruments in a principal amount not to exceed $500,000,000 in the aggregate during the term of the Agreement which are payable in no more than three years (whether by redemption, call option or otherwise) solely in common stock or other common equity interests of the Borrower or its Subsidiaries (the “Convertibles”) $
C. Actual Consolidated Indebtedness at Statement Date (Lines 1A. + 1.B.): $
Consolidated Indebtedness. Limited will not permit Consolidated Indebtedness to exceed 55% of Consolidated Total Capitalization at any time.
