Debt to Capital. The Borrower shall at all times maintain or cause to be maintained the ratio of Debt to Capital in a ratio of less than or equal to 0.60 to 1.
Debt to Capital. The Borrower shall not permit Consolidated Total Indebtedness on the last day of any calendar quarter, beginning with the first such date to occur after the Closing Date, or if the Closing Date is on the last day of a calendar quarter, beginning on such date, to exceed 70% of Total Capital. For purposes of determining compliance with this Section 7.09, Hybrid Securities up to an aggregate amount of 10% of Total Capital shall be excluded from Consolidated Total Indebtedness and shall be added to Consolidated Net Worth.
Debt to Capital. Not permit the Debt to Capital Ratio to exceed 0.30:1 at any time.
Debt to Capital. (a) Permit Consolidated Total Indebtedness at the end of any calendar quarter to exceed 67.5% of Total Capital.
(b) Qualifying Obligations constitute Indebtedness as defined in this Agreement. However, for purposes of determining compliance with this Section 7.08 as of any date, the Qualifying Amount of Pledged Notes and Convertibles, and the Qualifying Amount of Subordinated Securities, shall be excluded from Consolidated Total Indebtedness and shall be added to Consolidated Net Worth. As used in this Section, (i) “Qualifying Amount of Pledged Notes and Convertibles” as of any date means an amount equal to the lesser of (A) 75% of the outstanding principal amount of Pledged Notes and of Convertibles as of such date, or (B) 10% of Total Capital as of such date, and (ii) “Qualifying Amount of Subordinated Securities” as of any date means an amount equal to the lesser of (A) 75% of the outstanding principal amount of all Subordinated Securities as of such date or (B) 15% of Total Capital as of such date minus the Qualifying Amount of Pledged Notes and Convertibles as of such date. For the avoidance of doubt, any Convertibles that also qualify as Subordinated Securities as defined in this Agreement shall be deemed Subordinated Securities only for purposes of determining compliance with this Section 7.08.
Debt to Capital. I. Consolidated Debt at Statement Date
A. Debt of the Borrower and its Subsidiaries on the Statement Date: $
B. Non-Recourse Debt of the Borrower and its Subsidiaries on the Statement Date: $
C. Consolidated Debt at Statement Date (Lines I.A. – I.B.): $
II. Total Capital at Statement Date:
A. Consolidated Debt at Statement Date (Line I.C. above): $
B. Shareholders’ Equity at Statement Date: $
C. Any excess of the net book value of assets subject to Liens securing Non-Recourse Debt (including the total assets of Excluded Subsidiaries) over the amount of the related Non-Recourse Debt that is reflected in Shareholders’ Equity: $
D. Total Capital at Statement Date (Lines II.A. + II.B – II.C.): $
III. Consolidated Debt to Total Capital at Statement Date: (Line I.C. ¸ Line II.D.) (cannot exceed 0.65) This Assignment and Assumption (this “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Revolving Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including, without limitation Letters of Credit and Guarantees included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arisi...
Debt to Capital. The Borrower shall not permit, as of the last day of any calendar quarter, beginning with the first such date to occur after the Closing Date, Consolidated Total Indebtedness as of such date to exceed the applicable percentage of Total Capital set forth in the table below as of such date: Calendar Quarter Ending Consolidated Total Indebtedness to Total Capital March 31, 2021, June 30, 2021, September 30, 2021 and December 31, 2021 72.5% March 31, 2022 and the last day of each calendar 70% quarter thereafter For purposes of determining compliance with this Section 7.09, Hybrid Securities up to an aggregate amount of 10% of Total Capital shall be excluded from Consolidated Total Indebtedness and shall be added to Consolidated Net Worth.
Debt to Capital. Not permit the Debt to Capital Ratio to exceed 0.40:1 at any time during any Fiscal Year. This ratio shall be measured as of the end of each Fiscal Quarter for the Fiscal Quarter then ended.
Debt to Capital. A. Consolidated Total Indebtedness at Statement Date (sum of Lines A.1. through A.8.): $
1. the outstanding principal amount of all obligations for borrowed money and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments $
a. Less: 75% of the principal amount of Pledged Notes and Convertibles, not to exceed 10% of Total Capital (this amount is the “Qualifying Amount of Pledged Notes and Convertibles”) -$
(i) indicate outstanding principal amount of Pledged Notes: $
(ii) indicate outstanding principal amount of Convertibles*: $
(iii) 10% of Total Capital equals $ b. Less: 75% of the principal amount of Subordinated Securities*, not to exceed an amount equal to (x) 15% of Total Capital minus (y) the Qualifying Amount of Pledged Notes and Convertibles (taken from line A.1.a. above) -$
(i) indicate outstanding principal amount of Subordinated Securities: $
2. direct or contingent obligations arising under letters of credit, bankers’ acceptances, bank guaranties, surety bonds and similar instruments $
3. obligations in respect of the deferred purchase price of property or services (other than trade accounts payable in the ordinary course of business) $
4. Swap Termination Value under any Swap Contract (excluding commodity swap transaction, commodity options, forward commodity contracts, commodity cap transactions, commodity floor transactions, commodity collar transactions, and commodity spot contracts) $
5. indebtedness (excluding prepaid interest thereon) secured by a Lien on property owned or being purchased by such Person (including indebtedness arising under conditional sales or other title retention agreements), whether or not such indebtedness shall have been assumed by such Person or is limited in recourse $ 6. Attributable Indebtedness in respect of capital leases and Synthetic Lease Obligations $
Debt to Capital. (a) Permit Consolidated Total Indebtedness at any time during the periods set forth below to exceed the percentage of Total Capital set forth opposite such period: Effective Date through 2/28/06 70.0 % 3/01/06 and thereafter 67.5 %
(b) Qualifying Obligations constitute Indebtedness as defined in this Agreement. However, for purposes of determining compliance with this Section 7.08 as of any date, the Qualifying Amount of Pledged Notes and Convertibles, and the Qualifying Amount of Subordinated Securities, shall be excluded from Consolidated Total Indebtedness and shall be added to Consolidated Net Worth. As used in this Section, (i) “Qualifying Amount of Pledged Notes and Convertibles” as of any date means an amount equal to the lesser of (A) 75% of the outstanding principal amount of Pledged Notes and of Convertibles as of such date, or (B) 10% of Total Capital as of such date, and (ii) “Qualifying Amount of Subordinated Securities” as of any date means an amount equal to the lesser of (A) 75% of the outstanding principal amount of all Subordinated Securities as of such date or (B) 15% of Total Capital as of such date minus the Qualifying Amount of Pledged Notes and Convertibles as of such date. For the avoidance of doubt, any Convertibles that also qualify as Subordinated Securities as defined in this Agreement shall be deemed Subordinated Securities only for purposes of determining compliance with this Section 7.08.
