Consolidated Total Debt to EBITDA Ratio the Consolidated Total Debt to EBITDA Ratio as at the end of any Fiscal Quarter shall not exceed 3.5:1, provided that if the Borrower, the Trust or a Designated Subsidiary completes a Material Acquisition (and provided that the Borrower would have continued to comply with this Section 8.3(b) if such Material Acquisition had not been made and provides a calculation evidencing such compliance in its Compliance Certificate relating to such Fiscal Quarter), then during the period from the completion of such Material Acquisition to the end of the second complete Fiscal Quarter after completion of such Material Acquisition, the Borrower may permit the Consolidated Total Debt to EBITDA Ratio to increase to a level not exceeding 4.0:1;
Consolidated Total Debt to EBITDA Ratio. The Company will not, at any time, permit the ratio of (i) Consolidated Total Debt at such time to (ii) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended, to be greater than 4.00:1.00. October 14, 2008
Consolidated Total Debt to EBITDA Ratio. The Company will not, at any time during the measurement dates set forth below, permit the ratio of (i) Consolidated Total Debt at such time to (ii) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended (“Consolidated Total Leverage Ratio”), to be greater than the amount set forth opposite such measurement date(s): From 09/30/10 to 12/30/10 12.75:1.00 From 12/31/10 to 03/30/11 7.50:1.00 From 03/31/11 to 06/29/11 6.25:1.00 From 06/30/11 to 09/29/11 4.75:1.00 From 09/30/11 and at all times thereafter 4.00:1.00
Consolidated Total Debt to EBITDA Ratio the Borrower shall maintain a Consolidated Total Debt to EBITDA Ratio of not more than 3.5 to 1.0 as of the last day of any period of four (4) consecutive Fiscal Quarters.
Consolidated Total Debt to EBITDA Ratio. A. Consolidated Total Outstanding Indebtedness (including any such Indebtedness that would otherwise be deemed to be equity solely because of the effect of FASB 14-1, which such Indebtedness is in the amount of $____________ as of the Statement Date): $
B. Indebtedness under the New Vehicle Floorplan Facility: $
C. Permitted Silo Indebtedness for New Vehicle inventory: $
D. Temporary Additional Indebtedness as of Statement Date: $
E. Consolidated Total Debt numerator at Statement Date (Line IV.A. – B – C. – D.): $
F. Consolidated EBITDA for Subject Period (Line III.B.3.): $
G. Consolidated Total Debt to EBITDA Ratio (Line IV.E. ÷ Line IV.F.): to 1”.
Consolidated Total Debt to EBITDA Ratio. (a) The Company will not, at any time during the measurement dates set forth below, permit the ratio of (i) Consolidated Total Debt at such time to (ii) Consolidated EBITDA for the period of four consecutive fiscal quarters of the Company then most recently ended, to be greater than the amount set forth opposite such measurement date(s): From 10/1/09 to 12/31/09 4.65:1.00 From 10/1/10 and at all times thereafter 4.00:1.00
(b) The Company will not, at any time during the measurement dates set forth below, permit the ratio of (i) Consolidated Total Debt at such time to (ii) Annualized Consolidated EBITDA at such time, to be greater than the amount set forth opposite such measurement date(s): From 1/1/10 to 3/31/10 4.50:1.00 From 4/1/10 to 6/30/10 4.25:1.00 From 7/1/10 to 9/30/10 4.00:1.00 ”
Consolidated Total Debt to EBITDA Ratio. [ ]
1. The Mandatory Costs Rate is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank.
2. On the first day of each Interest Period (or as soon as possible thereafter) the London Agent shall calculate a rate (the “Additional Costs Rate”), expressed as a percentage, for each Lender, in accordance with the paragraphs set out below. The Mandatory Costs Rate will be calculated by the London Agent as a weighted average of the Lenders’ Additional Costs Rates (weighted in proportion to the percentage participation of each Lender in the applicable Borrowing) and will be expressed as a percentage rate per annum.
3. The Additional Costs Rate for any Lender lending from a lending office located in a Participating Member State will be the percentage notified by that Lender to the London Agent. This percentage will be certified by that Lender in its notice to the London Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender’s participation in all Loans made from such lending office) of complying with the minimum reserve requirements of the European Central Bank in respect of Loans made from such lending office.
Consolidated Total Debt to EBITDA Ratio. On the Computation Date, the Consolidated Total Debt to EBITDA Ratio, which was required to be not more than ____ to 1.0 was ____ to 1.0 as computed in the supporting documents attached hereto as Schedule 5. The undersigned Responsible Officer of Company hereby certifies that to the best of his/her knowledge, after due inquiry:
A. All of the information set forth in this Report (and in any Schedules attached hereto) is true and correct in all material respects.
B. As of the Computation Date, each of Company and each Subsidiary has observed and performed, in all material respects, all of its covenants and other agreements contained in the Credit Agreement and in the Notes (if issued) and any other Loan Documents to be observed, performed and satisfied by it.
C. He/she has personally reviewed the Credit Agreement and this Report is based on an examination sufficient to assure that this Report is accurate in all material respects.
D. Except as stated in Schedule D hereto (which shall describe any existing Event of Default or Default and the notice and period of existence thereof and any action taken with respect thereto or contemplated to be taken by Company), no Event of Default, or Default, has occurred and is continuing on the date of this Report.
E. Schedule E attached hereto sets forth all new intellectual property acquired by the Company or its Subsidiaries during the prior fiscal year as required pursuant to Section 7.2(h) of the Credit Agreement.] Capitalized terms used in this Report and in the schedules hereto, unless specifically defined to the contrary, have the meanings given to them in the Credit Agreement.
Consolidated Total Debt to EBITDA Ratio. 9 Continuation...................................................................
Consolidated Total Debt to EBITDA Ratio. The Borrower and its Subsidiaries, on a Consolidated basis, shall maintain a ratio of Consolidated Total Debt, as at the date of determination, to EBITDA, for the twelve (12) month period most recently ended, of no more than the ratio specified for the period specified. For purposes of this Section 6.3: the first fiscal quarter of any fiscal year shall be designated as "Q1"; the second fiscal quarter of any fiscal year shall be designated as "Q2"; the third fiscal quarter of any fiscal year shall be designated as "Q3"; and the fourth fiscal quarter of any fiscal year shall be designated as "Q4". Ratio Period ----- ------ 3.00:1.00 Closing through end of Q4 2003
2.75:1. 00 thereafter through end of Q2 2004
2.50:1. 00 thereafter through end of Q4 2004
