Debt to Tangible Net Worth Ratio. The ratio of Consolidated Debt to Consolidated Tangible Net Worth will at no time exceed 1.00 to 1.00.
Debt to Tangible Net Worth Ratio. Permit the ratio of Debt (excluding, for this purpose only, Debt arising under the Hedging Arrangements, to the extent of assets arising under the same Hedging Arrangements) to Tangible Net Worth of the Company (and its Subsidiaries, on a consolidated basis) at any time to exceed 10 to 1.
Debt to Tangible Net Worth Ratio. Maintain, at all times, a Debt-to-Tangible Net Worth Ratio of not more than 0.50 to 1.00.
Debt to Tangible Net Worth Ratio. On a consolidated basis with its subsidiaries, Borrower shall maintain at all times a ratio of Total Liabilities to Tangible Net Worth of not more than 1.25 to 1.00.
Debt to Tangible Net Worth Ratio. (Section 5.9(c)). On the Computation Date, the Debt to Tangible Net Worth Ratio, which is required to be not more than 10.00 to 1.00, was _____ to 1.00, as computed in the supporting documents attached hereto as Schedule 3.
Debt to Tangible Net Worth Ratio. Maintain a global Debt to Tangible Net Worth Ratio of not more than 3.00 to 1.00, to be measured on a quarterly basis, commencing September 30, 2009. As used herein “Debt to Tangible Net Worth Ratio” shall be defined as the consolidated: (1) (A) Total Liabilities of each Borrower, minus (B) Subordinated Debt, divided by (2) (A) Net Worth, plus (B) Subordinated Debt, plus (C) Intangibles, minus (D) Related Party Receivables.
Debt to Tangible Net Worth Ratio. Borrower shall maintain, on a consolidated basis, a ratio of Debt to Tangible Net Worth of not more than (a) 3.70 to 1 as at the fiscal quarters ending April 30, 2000, July 31, 2000, October 31, 2000 and January 31, 2001; (b) 3.10 to 1 as at the fiscal quarters ending April 30, 2001, July 31, 2001, October 31, 2001 and January 31, 2002; and (c) 2.60 to 1 as at the fiscal quarters ending April 30, 2002 and thereafter. As used herein, "Debt" shall mean, on a consolidated basis, all liabilities of Borrower as determined and computed in accordance with GAAP other than Senior Unsecured Debt, Subordinated Debt, and for clarification purposes only, minority interests.
Debt to Tangible Net Worth Ratio. The Borrower shall have a Debt to Tangible Net Worth Ratio not to exceed 1.50 to 1 at the end of Borrower's first, second, and third fiscal quarter and 1.20 to 1 at the end of each fiscal year of Borrower. The Debt to Tangible Net Worth Ratio shall be calculated on the "Compliance Certificate" and measured at the end of each fiscal quarter of the Borrower.
Debt to Tangible Net Worth Ratio. Borrower shall maintain on a consolidated basis as of the end of each month, a ratio of Indebtedness to Tangible Net Worth equal to or less than 1.5 to 1.
Debt to Tangible Net Worth Ratio. Permit the ratio of Debt to Adjusted Tangible Net Worth of the Company (and its Subsidiaries, on a consolidated basis) at any time to exceed (i) from the Effective Date to and including December 30, 1998, 20 to 1; (ii) from December 31, 1998 to and including March 30, 1999, 18 to 1; (iii) from March 31, 1999, to and including June 29, 1999, 17 to 1; and (iv) from June 30, 1999 and thereafter, 16 to 1.
5. The First Amended and Restated Warehousing Promissory Note is amended and restated in its entirety as set forth in the Second Amended and Restated Promissory Note, in the form of Exhibit A attached to this Amendment. All references in this Amendment and in the Agreement to the Promissory Note shall be deemed to refer to the Second Amended and Restated Promissory Note delivered in, connection with this Amendment.
6. Exhibit I-SF to the Agreement is deleted in its entirety and replaced with the new Exhibit I-SF attached to this Amendment. All references in this Amendment and the Agreement to Exhibit I-SF shall be deemed to refer to the new Exhibit I-SF.
7. The Company shall deliver to the Lender (a) an executed original of this Amendment; (b) an executed original of the Second Amended and Restated Promissory Note; (c) a Certificate of Secretary with Corporate Resolutions; and (d) a $350 document production fee.
8. The Company represents, warrants and agrees that (a) there exists no Default or Event of Default under the Loan Documents, (b) the Loan Documents continue to be the legal, valid and binding agreements and obligations of the Company enforceable in accordance with their terms, as modified herein, (c) the Lender is not in default under any of the Loan Documents and the Company has no offset or defense to its performance or obligations under any of the Loan Documents, (d) the representations contained in the Loan Documents remain true and accurate in all respects, and (e) there has been no material adverse change in the financial condition of the Company from the date of the Agreement to the date of this Amendment.
9. Except as hereby expressly modified, the Agreement shall otherwise be unchanged and shall remain in full force and effect, and the Company ratifies and reaffirms all of its obligations thereunder.
10. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and ...
