Debt Capitalization Clause Samples

Debt Capitalization. The ratio of (i) Consolidated Indebtedness of the Company to (ii) Consolidated Capitalization of the Company is greater than 0.65 to 1.0 (a) as of the last day of any fiscal quarter of the Company or (b) at any time if any first mortgage bonds issued under Specified Prior Supplements remain outstanding.

Debt Capitalization. The Borrower will cause the Parent to maintain at the end of each Fiscal Quarter a ratio of Consolidated Total Debt to Consolidated Total Capitalization of not more than 0.70 to 1.0; provided that for the purposes of the calculation of this ratio, any non-cash effects reflected in the financial statements of the Parent resulting from the proposed Statement of Financial Accounting Standards dated March 31, 2006, Employers’ Accounting for Defined Benefit Pension and Other Post Retirement Plans — an amendment of FASB Statements No. 87, 88, 106 and 132(r) (as the same maybe amended or modified) will be excluded.

Debt Capitalization. At all times the ratio of (i) Consolidated Indebtedness of the Borrower to (ii) Consolidated Capitalization of the Borrower shall be less than or equal to 0.65 to 1.0.

Debt Capitalization. The Borrower will cause the Parent to maintain at the end of each Fiscal Quarter a ratio of Consolidated Total Debt to Consolidated Total Capitalization of not more than 0.70 to 1.0.

Debt Capitalization. 1. Consolidated Indebtedness of the Borrower $________________ 2. Consolidated Capitalization of the Borrower $________________ 3. Debt to Capitalization Ratio (Line A1 ÷ A2) ___________ to 1.0

Debt Capitalization. The Borrower will cause the Parent to maintain at the end of each Fiscal Quarter a ratio of Consolidated Total Debt to Consolidated Total Capitalization of not more than 0.70 to 1.0. Documents required to be delivered pursuant to Sections 5.01(a), 5.01(b) and 5.01(c) (other than Section 5.01(c)(ii)) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address listed in Section 7.01; or (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent by facsimile or electronic mail (which shall promptly provide notice to the Lenders in accordance with its customary practice) of the posting of any such documents. Notwithstanding anything contained herein, in every instance the Parent and the Borrower shall be required to provide paper copies of the compliance certificates required by Sections 5.01(a)(iii) and 5.01(b)(iii) to the Administrative Agent. Except for such compliance certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Borrower and the Parent hereby acknowledge that (a) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the LC Issuing Banks materials and/or information provided by or on behalf of the Borrower and the Parent hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on SyndTrak Online or another similar electronic system (the “Platf...

Debt Capitalization. Any reference in this Agreement to “capitalization of debt” or any similar expression shall be understood as (I) the issuance of New Securities by the Company in exchange for (a) receivables against any Group company; (b) credit rights under loan instruments or debt securities entered into or issued by any Group company; (c) setting off any financial debt incurred or assumed by any Group company from time to time; (d) cash, assets or other consideration primarily used to pay or cancel, partially or in full, any of the aforementioned receivables, credit rights or debts; or (II) any other transaction with similar or equivalent direct or indirect economic effects on the indebtedness of the Group.

Debt Capitalization. During the 30-month period following the Scheme Completion Time, (i) no indebtedness shall be capitalized in the Company’s equity, by conversion of debt instruments into Shares or otherwise; and (ii) no New Securities shall be issued for the purpose of reducing outstanding debt of any of the Group companies, unless the Board reasonably determines that (a) a Net-worth Unbalance Situation; and/or (b) insolvency (as defined in the Spanish Insolvency Law) affecting the Company cannot be avoided if such capitalization of debt or issuance of New Securities does not occur.

Debt Capitalization. At all times the ratio of (i) Consolidated Indebtedness to (ii) Consolidated Capitalization shall be less than or equal to .65 to 1.0. For purposes of such calculation, the portion of Consolidated Indebtedness attributable to obligations under Material Leases shall be the net present value (using (i) the discount rate (A) set forth in Schedule 6.19, so long as Schedule 6.19 specifies the same relevant discount rate as is used in calculating such net present value provided to Moody's and S&P or (B) the discount ▇▇▇▇ ▇sed in calculating such net present value provided to Moody's and S&P or (ii) an▇ ▇▇▇▇ other rate as shall be proposed by the Borrower (and agreed upon by the Required Lenders) of all amounts payable under the Material Leases.