Financial Covenant Amendments Sample Clauses

Financial Covenant Amendments. In the event that, at any time while this Agreement is in effect, the Company shall issue any indebtedness for borrowed money which is not by its terms subordinate and junior to the Indebtedness hereunder and such indebtedness shall include, or be issued pursuant to a trust indenture or other agreement which includes, financial covenants which are not substantially identical to the financial covenants set forth in this Agreement, the Company shall so advise the Agent in writing. Such notice shall be accompanied by a copy of the applicable agreement containing such financial covenants. The Agent shall promptly furnish a copy of such notice and the applicable agreement to each of the Banks. If the Majority Banks determine in their sole discretion that some or all of the financial covenants set forth in such agreement are more favorable to the lender thereunder than the financial covenants set forth in this Agreement ("More Favorable Terms") and that the Majority Banks desire that this Agreement be amended to incorporate the More Favorable Terms, then the Agent shall give written notice of such determination to the Company. Thereupon, and in any event within thirty (30) days following the date of notice by Agent to the Company, Company and the Banks shall enter into an amendment to this Agreement incorporating, on terms and conditions acceptable to the Majority Banks, the More Favorable Terms.
AutoNDA by SimpleDocs
Financial Covenant Amendments. (a) The definition of EBITDA in Section 1.01 of the Credit Agreement is hereby amended to read in its entirety as follows:
Financial Covenant Amendments. If the Collection Agent enters into any amendment or other modification to the Collection Agent Revolver or any successor or replacement credit agreement, in each case, that contains or amends any financial covenant, the Collection Agent shall provide a copy of such amendment or successor or replacement agreement (each, a "Financial Covenant Amendment ") to the Administrative Agent. In the event the Administrative Agent determines that the financial covenants contained in this Section 7.05 are less favorable than any financial covenants as amended by, or contained in, any Financial Covenant Amendment, then if requested by the Administrative Agent, the parties hereto shall enter into an amendment to this Agreement to make the financial covenants in this Section 7.05 no less favorable (except as otherwise consented to by the Administrative Agent) than the financial covenants as amended by, or contained in, such Financial Covenant Amendment. ARTICLE VIII
Financial Covenant Amendments. Effective December 30, 1999, Section 5.8 (b) of the Credit Agreement is hereby amended and restated in its entirety and shall read as follows:
Financial Covenant Amendments. Working in conjunction with the Administrative Agent and the Industry Consultant, the Company shall take, and cause each of its Subsidiaries to take, such actions as are necessary or as the Administrative Agent may request from time to time to ensure that not later than March 31, 2022, the Administrative Agent shall have the financial information and projections necessary or as the Administrative Agent may request from time to time to amend (in the Administrative Agent’s sole and absolute discretion) the financial covenants contained in Section 11.12 of the Credit Agreement.
Financial Covenant Amendments. Upon satisfaction of the Effective Conditions, Section 5.8 of the Credit Agreement is hereby amended and restated in its entirety and shall read as follows:
Financial Covenant Amendments. The tables included at Clauses 21.2(a) (Consolidated Coverage Ratio) and 21.2(b) (Consolidated Leverage Ratio) will be deleted in their entirety and replaced with the following: Clause 21.2(a) (Consolidated Coverage Ratio) Column 1 Reference Period ending Column 2 Ratio
AutoNDA by SimpleDocs
Financial Covenant Amendments. The sections of the Loan Agreement identified below are hereby amended as set forth below: (a) Section 5.1.10. Maximum Total Indebtedness and Maximum Senior Indebtedness to Annualized Operating Cash Flow. Effective as of December 31, 1999, Section 5.1.10 of the Loan Agreement is hereby amended (i) by replacing the required ratio at December 31, 1999 and for the period commencing January 1, 2000 and thereafter with the periods set forth below and the ratios set forth below opposite such period is: Total Senior Indebtedness Indebtedness Ratio Ratio December 31, 1999 7.25:1.00 2.00:1.00 January 1, 2000 through 7.65:1.00 1.65:1.00 August 31, 2000 September 1, 2000 and thereafter 7.35:1.00 1.65:1.00 and (ii) by adding the following text at the end of said Section: "The Borrower shall be in compliance with the foregoing covenant as of the last day of each calendar month." (b) Section 5.1.11. Maximum Senior Indebtedness to Basic Subscribers. Effective as of December 31, 1999, Section 5.1.11 of the Loan Agreement is hereby amended in its entirety to read as follows:
Financial Covenant Amendments. The Lenders and the Borrowers hereby agree that on the Effective Date (as defined below) subsection 14.1 of the Credit Agreement shall be amended to read as follows:
Financial Covenant Amendments. In the event that, at any time while this Agreement is in effect, the Company shall issue or shall amend any documents with respect to any indebtedness for borrowed money which is not by its terms subordinate and junior to the Indebtedness hereunder and such indebtedness shall include, or be issued pursuant to a trust indenture (other than the Senior Note Documents as in effect on the Ninth Amendment Effective Date) or other agreement which includes, financial covenants which are not substantially identical to the financial covenants set forth in this Agreement, the Company shall so advise the Agent in writing. Such notice shall be accompanied by a copy of the
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!