Common use of Covenant Compliance Clause in Contracts

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 10 contracts

Samples: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)

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Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.7, 10.4(b), 10.4(c) and 10.6 and any Additional Covenant incorporated herein pursuant to Section 10.1 through Section 10.9, inclusive, 9.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 10 contracts

Samples: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Agency Agreement (Kayne Anderson MLP Investment CO)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.5, inclusive10.7, 10.8, 10.12 and 10.13 during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 4 contracts

Samples: Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was and its Subsidiaries were in compliance with the requirements of Section 10.1 through Section 10.9, inclusiveSections 7.22 and 7.23, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 4 contracts

Samples: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.9to 10.3, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 4 contracts

Samples: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was and its Subsidiaries were in compliance with the requirements of Section 10.1 Sections 7.04 through Section 10.9, inclusive7.07, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.5, inclusive, and Section 10.7 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 6.4 through Section 10.96.8, inclusive, and Section 6.10 through Section 6.15, inclusive, during the quarterly or annual period covered by the statements income statement then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amountamounts, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Amendment Agreement (Smithfield Foods Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section Sections 10.7, 10.8 and 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp), Note Purchase Agreement (Cabot Oil & Gas Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.10, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc), Master Note Purchase Agreement (Tetra Technologies Inc)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.5, inclusive, and Section 10.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 3 contracts

Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.5 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Calamos Asset Management, Inc. /DE/), Note Purchase Agreement (Calamos Asset Management, Inc. /DE/)

Covenant Compliance. the information (including detailed calculationscalculations where applicable) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.7, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Private Shelf Agreement (Azz Inc), Note Purchase Agreement (Azz Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.3, and Section 10.6 through Section 10.910.11, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existenceexistence as of the end of such period); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Woodward Governor Co), Note Purchase Agreement (Woodward Governor Co)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.3, inclusive, Section 10.6 and Section 10.7 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 9.9 and Section 10.8 through Section 10.910.10, inclusive, during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 9.8(a)(i), inclusive9.9, 9.10, 10.5(p), 10.6(g) and 10.7(f) during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Agnico Eagle Mines LTD)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through 10.5, Section 10.6 and Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage at the end of such period or then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Brown & Brown Inc), Master Shelf and Note Purchase Agreement (Brown & Brown Inc)

Covenant Compliance. the information (including detailed calculationscalculations where applicable) required in order to establish whether the Company was in compliance with the requirements of covenants set forth in Section 10.1 through Section 10.9, inclusive10.1, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existenceexistence and specifying those adjustments in any items abstracted by such financial statements necessary to reflect the adjustments of GAAP provided for in this Agreement); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 Sections 10.3 through 10.7, inclusive, and Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive10.5 hereof, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, amount and percentage permissible under the terms of such Sections, and the calculation of the amount, ratio or amount and percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (WGL Holdings Inc), Note Purchase Agreement (Washington Gas Light Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company Tenant or the Company, as applicable, was in compliance with the requirements of Section 10.1 10.2 through Section 10.910.11 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations I of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Hewitt Holdings LLC), Note Purchase Agreement (Hewitt Holdings LLC)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.3 through Section 10.910.8, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.5, inclusive10.6, 10.7, 10.8 and 10.10 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations calculation of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through 10.5, and Section 10.9, inclusive10.9 hereof, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Waiver and Second Amendment to Note Purchase Agreement (Calamos Asset Management, Inc. /DE/), Note Purchase Agreement (Calamos Asset Management, Inc. /DE/)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.5 through Section 10.910.7, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Vectren Utility Holdings Inc), Note Purchase Agreement (Vectren Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, 10 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 2 contracts

Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.7 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.6, Sections 10.10, 10.11, 10.12, and 10.18, inclusive, and any Additional Covenants during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 10.3 through and including 10.5 and Section 10.1 through Section 10.910.7 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (CHS Inc)

Covenant Compliance. (i) stating whether it is in compliance with all of the covenants in Section 10.1 through 10.10 and (ii) setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, 10.3 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Intrepid Potash, Inc.)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.6 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Cleveland Cliffs Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.4, inclusive10.5, 10.6 and 10.7 during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Penn West Energy Trust)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 11.2 through Section 10.911.7, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Sunrise Medical Inc)

Covenant Compliance. the information (including detailed ------------------- calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.14, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Franklin Electronic Publishers Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the any Company was in compliance with the requirements of Section Sections 10.1 through Section 10.9, inclusive, and 10.12 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (KMG Chemicals Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of covenants set forth in Section 10.1 through Section 10.911 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Conifer Holdings, Inc.)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.3 through Section 10.910.10 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Triumph Group Inc /)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.2 through Section 10.910.5, inclusive, and Section 10.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (New Jersey Resources Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.1, inclusive10.2, 10.3 and 10.5, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (DST Systems Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 7.4 through Section 10.97.16 hereof, inclusive, during the quarterly or annual fiscal period covered by the statements income statement then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amountamounts, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Minerals Technologies Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, and any Additional Covenant during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Caseys General Stores Inc)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 9.8(a)(i), inclusive9.9, 10.5(p), 10.6(g) and 10.7(f) during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Agnico Eagle Mines LTD)

Covenant Compliance. the information (including detailed ------------------- calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 Sections 10.3 through Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Circor International Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.3 through Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive9.8, during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Checkpoint Systems Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.8 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (Ims Health Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.5 through Section 10.910.10, inclusive, during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Schulman a Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.1, inclusive, 10.2 and 10.5 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Ch Energy Group Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.6, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Uil Holdings Corp)

Covenant Compliance. the The information (including detailed ------------------- calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 Sections 10.2(b), 10.3, 10.4 and 10.5 ---------------- ---- ---- ---- through Section 10.9, inclusive, 10.9 during the quarterly monthly or annual period covered by the statements then ---- being furnished (including including, without limitation, with respect to each such Section, where applicable, the detailed calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation detailed calculations of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (TFC Enterprises Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.6 through Section 10.910.8, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Patterson Uti Energy Inc)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.7, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the reasonable calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation reasonable calculations of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (BlackRock Kelso Capital CORP)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 10.3 through and including 10.5, Section 10.1 through Section 10.910.7 hereof, inclusive, and each Incorporated Provision, if applicable, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (CHS Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.5, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Mettler Toledo International Inc/)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Sigma Aldrich Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 9.9 and Section 10.8 through Section 10.910.10, inclusive, during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Yamana Gold Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, Sections 10.5(e) and 10.6(f) during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Ecolab Inc)

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Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Watts Water Technologies Inc)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.5 through Section 10.9, inclusive10.7 and Sections 10.9 and 10.10, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Waters Corp /De/)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.4, inclusive10.5, 10.7 and 10.10 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and;

Appears in 1 contract

Samples: Note Purchase Agreement (Tampa Electric Co)

Covenant Compliance. the The information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.4(a) through Section 10.910.4(c) hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (First Investors Financial Services Group Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.6, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (Davey Tree Expert Co)

Covenant Compliance. the information (including a reasonably detailed calculations) required in order to establish calculation showing whether the Company was in compliance with the requirements of Section 10.1 through 10.5, Section 10.910.10 and Section 10.11, inclusive, during as of the quarterly or annual end of the fiscal period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations calculation of the maximum or minimum amount, ratio or percentage, as the case may be, percentage permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (American Water Works Company, Inc.)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 10.3 through 10.5 and Section 10.1 through Section 10.910.7 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (CHS Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of any Financial Covenant added pursuant to Section 10.1 through 9.7 and Section 10.910.5(f), inclusive, Section 10.6 and Section 10.7(iv) during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); andsuch

Appears in 1 contract

Samples: Note Purchase Agreement (Ecolab Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive10.5, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence)furnished; and

Appears in 1 contract

Samples: Note Purchase Agreement (Nisource Inc/De)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.5 through Section 10.910.8, inclusive, and each Incorporated Provision, if applicable, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (Idex Corp /De/)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.7, 10.4(b), 10.4(c) and 10.6 and any Additional Covenant incorporated herein pursuant to Section 10.1 through Section 10.9, inclusive, 9.9 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Kayne Anderson Energy Total Return Fund, Inc.)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, Sections 10.5 and 10.6 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage as applicable then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.1, inclusive10.2, 10.3, 10.4 and 10.7 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Delta Natural Gas Co Inc)

Covenant Compliance. the information (including detailed ------------------- calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.5 hereof, inclusive, and Section 10.7 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase and Shelf Agreement (Old Dominion Freight Line Inc/Va)

Covenant Compliance. the information (including detailed calculations) required ------------------- calculations)required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 8.3, inclusive8.4, 8.5, 8.6, 8.7 and -------------------------------- 8.8 during the quarterly or annual period covered by the statements then being --- furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Acuson Corp)

Covenant Compliance. the information (including detailed ------------------- calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.9to 10.6, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, amount ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Federated Investors Inc /Pa/)

Covenant Compliance. setting forth the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive10.12, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and;

Appears in 1 contract

Samples: Private Shelf Agreement (Layne Christensen Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Sections 9.3 through and including 9.6 and Section 10.1 through Section 10.99.8 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Private Shelf Agreement (CHS Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through 10.5 and Section 10.910.6, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Laclede Group Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.3 through Section 10.910.5 hereof, inclusive, Section 10.7, clause (ix) of Section 10.8(a), Section 10.9 and Section 10.10 and during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Multi Currency Note Purchase and Private Shelf Agreement (West Pharmaceutical Services Inc)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through 10.1, Section 10.910.2, inclusiveSection 10.5 and Section 10.7 hereof, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Shelf Agreement (Mdu Resources Group Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.3, inclusive, and Section 10.7, if and to the extent applicable, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Essential Utilities, Inc.)

Covenant Compliance. the information (including reasonably detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.5 through Section 10.9, inclusive10.7 and Sections 10.9 and 10.10, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or Waters Corporation Note Purchase Agreement minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Waters Corp /De/)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 9.1 through Section 10.99.3, inclusive, during and Section 9.9 as of the end of the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Uncommitted Master Shelf Agreement (Eagle Materials Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.8, inclusive, during the monthly, quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Sypris Solutions Inc)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.910.8 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such SectionsSection, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Odyssey Re Holdings Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 Sections 10.3 through Section 10.910.7 hereof, inclusive, and any Incorporated Covenants, during the quarterly semi-annual or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (PERRIGO Co PLC)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.1, inclusive10.2, 10.3, 10.4, 10.5 and 10.6, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Private Shelf Agreement (Oceaneering International Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.3, inclusive10.4, 10.5 and 10.7 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and;

Appears in 1 contract

Samples: Note Purchase Agreement (Tampa Electric Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 9.5, inclusive9.6, 9.7, 10.5 and 10.6, and any other financial covenant added pursuant to any Supplement, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Master Note Purchase Agreement (Tortoise North American Energy Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.1, 10.2, 10.3 and 10.18 hereof, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 9.8(a)(i), inclusive9.9, 9.10, 10.5(p), 10.6(g) and 10.7(f) during the quarterly interim or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Agnico Eagle Mines LTD)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.6, inclusive, and Section 10.9 hereof during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Eagle Materials Inc)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section Sections 10.1 through Section 10.910.5, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Intercontinentalexchange Inc)

Covenant Compliance. the The information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9, inclusive, Sections 9.6 and 10.3 hereof during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Tampa Electric Co)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 10.2 through Section 10.9, inclusive, during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Talx Corp)

Covenant Compliance. the information (including detailed calculations) required in order to establish whether the Company was in compliance with the requirements of Section 10.1 through Section 10.9Sections 10.2, inclusive10.5, 10.6, 10.11 and 10.12 during the quarterly or annual period covered by the statements then being furnished (including with respect to each such Section, where applicable, the calculations of the maximum or minimum amount, ratio or percentage, as the case may be, permissible under the terms of such Sections, and the calculation of the amount, ratio or percentage then in existence); and

Appears in 1 contract

Samples: Note Purchase Agreement (Brinks Co)

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