Consolidated Indebtedness to Consolidated EBITDA. Permit the ratio of Consolidated Indebtedness to Consolidated EBITDA of Holdings for the four consecutive fiscal quarters of Holdings most recently ended ("Consolidated Indebtedness Ratio") to be greater than 4.0 to 1.0; provided that for purposes of calculating the numerator of the foregoing ratio, Consolidated Indebtedness of Holdings shall exclude seventy percent (70%) of the Indebtedness in respect of the TIDES Debentures.
Consolidated Indebtedness to Consolidated EBITDA. The Borrower will not permit the ratio of (i) Consolidated Indebtedness at such time to (ii) Consolidated EBITDA for the Test Period then most recently ended, to be greater than 3.0:1.0.
Consolidated Indebtedness to Consolidated EBITDA. The Company will not permit, at the end of any fiscal quarter, the ratio of Consolidated Indebtedness to Consolidated EBITDA (Consolidated EBITDA to be calculated as at the end of each fiscal quarter for each Rolling Period then ended) to exceed 3.25 to 1.00.
Consolidated Indebtedness to Consolidated EBITDA. The Borrower will not permit the ratio of Consolidated Indebtedness as at the end of any fiscal quarter ended on a date set forth below to Consolidated EBITDA for any period of four consecutive fiscal quarters ending on a date set forth below (or, if shorter, for the period beginning on July 1, 1999 and ending on a date set forth below; provided that for 76 CREDIT AGREEMENT any such shorter period, Consolidated EBITDA shall be annualized for purposes of this Section 9.10 by multiplying the actual Consolidated EBITDA for such period by a fraction the numerator of which is four and the denominator of which is (i) for the period ending on September 30, 1999, one, (ii) for the period ending on December 31, 1999, two, and (iii) for the period ending on March 31, 2000, three), in each case taken as one accounting period, to be greater than the ratio set forth opposite such date below: Fiscal Quarter Ended Ratio September 30, 1999 2.60:1.00 December 31, 1999 2.00:1.00 March 31, 2000 2.00:1.00 June 30, 2000 2.00:1.00 September 30, 2000 2.00:1.00 December 31, 2000 1.75:1.00 March 31, 2001 1.50:1.00 June 30, 2001 1.50:1.00 September 30, 2001 1.25:1.00 December 31, 2001 1.25:1.00 March 31, 2002 1.00:1.00 June 30, 2002 1.00:1.00 September 30, 2002 0.75:1.00 December 31, 2002 0.75:1.00 March 31, 2003 0.50:1.00 June 30, 2003 0.50:1.00
Consolidated Indebtedness to Consolidated EBITDA. The Borrower will not permit the ratio of (i) Consolidated Indebtedness on the last day of any fiscal quarter set forth below to (ii) Consolidated EBITDA for the period of four consecutive fiscal quarters ending on the last day of such fiscal quarter, taken as one accounting period, to be greater than the amount set forth below opposite such fiscal quarter: Fiscal Quarter Ended Ratio -------------- ------- March 31, 1996 4.75:1 June 30, 1996 4.00:1 September 30, 1996 3.25:1 December, 31, 1996 2.75:1 March 31, 1997 2.25:1 June 30, 1997 2.00:1 September 30, 1997 1.75:1 December 31, 1997 1.50:1 March 31, 1998 1.00:1 and thereafter"
13. Section 9.18 of the Amended and Restated Credit Agreement is hereby amended by deleting such Section in its entirety and inserting in lieu thereof the following new Section 9.18:
Consolidated Indebtedness to Consolidated EBITDA. Holdings will cause the Borrower not to permit, and the Borrower will not permit, the ratio of Consolidated Indebtedness as at the end of any fiscal quarter ended on a date set forth below to Consolidated EBITDA for the period (taken together as one accounting period) of four consecutive fiscal quarters ended on such date, to be greater than the ratio set forth opposite such date below: Fiscal Quarter Ended Ratio -------------------- ----- March 31, 2004 16.00:1.00 June 30, 2004 10.50:1.00 September 30, 2004 8.75:1.00 December 31, 2004 March 31, 2005-September 7.25:1.00 30, 2006 December 31, 2006 and 4.25:1.00 each fiscal quarter thereafter 3:00:1.00
Consolidated Indebtedness to Consolidated EBITDA. The Borrower will not permit the ratio of Consolidated Indebtedness as at the end of any fiscal quarter ended on a date set forth below to Consolidated EBITDA for any fiscal quarter ending on a date set forth below to be greater than the ratio set forth opposite such date below: Fiscal Quarter Ended Ratio -------------------- ----- September 30, 1999 2.95:1.00 December 31, 1999 2.95:1.00 March 31, 2000 2.95:1.00 June 30, 2000 2.95:1.00 September 30, 2000 2.95:1.00 December 31, 2000 2.90:1.00 March 31, 2001 2.85:1.00 June 30, 2001 2.75:1.00 September 30, 2001 2.60:1.00 December 31, 2001 2.45:1.00 March 31, 2002 2.30:1.00 June 30, 2002 2.10:1.00 September 30, 2002 1.90:1.00 December 31, 2002 1.70:1.00 March 31, 2003 1.50:1.00 June 30, 2003 1.30:1.00 September 30, 2003 1.05:1.00 December 31, 2003 0.95:1.00 March 31, 2004 0.85:1.00 June 30, 2004 0.70:1.00 September 30, 2004 0.60:1.00 December 31, 2004 0.60:1.00 March 31, 2005 0.60:1.00 June 30, 2005 0.60:1.00 -67- September 30, 2005 0.60:1.00
Consolidated Indebtedness to Consolidated EBITDA. The Borrower will not permit the ratio of (i) Consolidated Indebtedness to (ii) Consolidated EBITDA, determined as of the last day of each fiscal quarter of the Borrower for the four consecutive fiscal quarters ending on such date, to be greater than 3.00 to 1.0.
Consolidated Indebtedness to Consolidated EBITDA. The Parent will not permit the ratio of (a) Consolidated Indebtedness as of any day during any period set forth below to (b) 400% of Consolidated EBITDA for the fiscal quarter of the Parent ending on such day (or, if such day is not the last day of a fiscal quarter, ending on the last day of the most recently ended fiscal quarter) to be greater than the ratio set forth below opposite such period: Period Ratio ------ ----- On or after January 1, 2002, 9.6 to 1.0 but prior to January 1, 2003 On or after January 1, 2003, 4.9 to 1.0 but prior to January 1, 2004 On or after January 1, 2004, 3.4 to 1.0 but prior to January 1, 2005 On or after January 1, 2005, 2.5 to 1.0 but prior to January 1, 2006 On or after January 1, 2006 2.0 to 1.0
Consolidated Indebtedness to Consolidated EBITDA. Permit the ratio of Consolidated Indebtedness to Consolidated EBITDA of Holdings for the four consecutive fiscal quarters of Holdings most recently ended ("Consolidated Leverage Ratio") to be greater than 5.0 to 1.0 for the fiscal quarter ending June 30, 2002, 4.75 to 1.0 for the fiscal quarter ending September 30, 2002 and 4.5 to 1.0 thereafter; provided that for purposes of calculating the numerator of the foregoing ratio, Consolidated Indebtedness of Holdings shall exclude seventy percent (70%) of the Indebtedness in respect of the TIDES Debentures.
(a) Subsection 8.2 of the Senior Credit Agreement is hereby amended by deleting paragraph (g) in its entirety and inserting the following new paragraph in lieu thereof:
(g) Non-Recourse Indebtedness in an aggregate amount not to exceed $200,000,000 at any time;
