Financial Covenant Breach Sample Clauses

Financial Covenant Breach. Without limiting any of the other terms or provisions hereof, if there is breach of the financial covenant set forth in Section 5 above, the Asset Based Terms shall be deemed effective upon written notice from the Bank to the Borrower.
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Financial Covenant Breach. Without limiting any of the other terms or provisions hereof, the breach of one of the financial covenants set forth in Section 5.1(a) or (b) above shall not constitute an Event of Default, but in the event there is a breach of any such financial covenant, the Asset Based Terms shall be effective upon written notice from the Bank to the Parent. The breach of the financial covenant set forth in Section 5.1(c) and 5.2 shall constitute an Event of Default.
Financial Covenant Breach. Without limiting any other rights the Finance Parties may have under this Agreement and subject to Clause 11.9 (b), on the occurrence of a breach of the terms of any of the provisions of Clause 23.1 (Financial Covenants) in respect of the Test Date falling after the Restatement Date but on or before 31 December 2006 (the "2006 Financial Covenants"), the Parent shall procure that, within 1 Business Day of the Agent notifying the Parent that the Agent is satisfied that the Parent is in breach of the terms of the 2006 Financial Covenants following delivery of the Management Accounts of the Group in terms of Clause 22.1(c) (Financial Statements) in respect of an Accounting Period ending on a Test Date in respect of the Test Date falling after the Restatement Date but on or before 31 December 2006, an amount equal to $5,000,000 is applied in prepayment (and, to the extent that such amount is applied in prepayment of Facility B, cancellation) of the Facilities.
Financial Covenant Breach. Without limiting any of the other terms or provisions hereof, if there is breach of the financial covenant set forth in Section 5 above for those financial covenants in effect while the Asset Based Terms are NOT applicable, the Asset Based Terms shall be deemed effective upon written notice from the Bank to the Borrower and the Event of Default arising from any such breach shall no longer be deemed to be in effect as long as Borrower complies with all of the terms and conditions applicable to the Asset Based Terms credit facility provisions as set forth herein. A breach of any of the financial covenants in effect while the Asset Based Term are applicable shall nonetheless constitute an immediate Event of Default under the Loan Agreement.
Financial Covenant Breach 

Related to Financial Covenant Breach

  • Financial Covenant So long as any Loan shall remain unpaid, any Letter of Credit shall remain outstanding or any Lender shall have any Commitment hereunder, the Borrower will maintain a ratio of Consolidated Debt to Consolidated Capital of not greater than 0.65 to 1.00 as of the last day of each fiscal quarter.

  • Financial Covenants (a) The Borrower shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Borrower responsible for carrying out the Project or any part thereof. (b) The Borrower shall: (i) have the records and accounts referred to in paragraph (a) of this Section including those for the Special Account for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Association; (ii) furnish to the Association, as soon as available, but in any case not later than six months after the end of each such year, a certified copy of the report of such audit by said auditors, of such scope and in such detail as the Association shall have reasonably requested; and (iii) furnish to the Association such other information concerning said records, accounts and the audit thereof as the Association shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the Credit Account were made on the basis of statements of expenditure, the Borrower shall: (i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the Association has received the audit report for the fiscal year in which the last withdrawal from the Credit Account or payment out of the Special Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures; (iii) enable the Association’s representatives to examine such records; and (iv) ensure that such records and accounts are included in the annual audit referred to in paragraph (b) of this Section and that the report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals.

  • Financial Covenant Calculations The parties hereto acknowledge and agree that, for purposes of all calculations made in determining compliance for any applicable period with the financial covenants set forth in Section 6.7 and for purposes of determining the Applicable Margin, (i) after consummation of any Permitted Acquisition, (A) income statement items and other balance sheet items (whether positive or negative) attributable to the target acquired in such transaction shall be included in such calculations to the extent relating to such applicable period (including by adding any cost saving synergies associated with such Permitted Acquisition in a manner reasonably satisfactory to the Agent), subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness of a target which is retired in connection with a Permitted Acquisition shall be excluded from such calculations and deemed to have been retired as of the first day of such applicable period and (ii) after any Disposition permitted by Section 6.8), (A) income statement items, cash flow statement items and balance sheet items (whether positive or negative) attributable to the property or assets disposed of shall be excluded in such calculations to the extent relating to such applicable period, subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness that is repaid with the proceeds of such Disposition shall be excluded from such calculations and deemed to have been repaid as of the first day of such applicable period.

  • Specific Financial Covenants During the term of this Agreement, and thereafter for so long as there are any Obligations to Lender, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:

  • Special Covenants If any Company shall fail or omit to perform and observe Section 5.7, 5.8, 5.9, 5.11, 5.12, 5.13 or 5.15 hereof.

  • FINANCIAL COVENANTS OF THE BORROWER The Borrower covenants and agrees that, so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Bank has any obligation to make any Loans or the Agent has any obligation to issue, extend or renew any Letters of Credit:

  • Financial Condition Covenant Permit the Asset Coverage Ratio to be less than the Minimum Permitted Ratio; or in each case allow Indebtedness of the Borrower to exceed the limits set forth in the Borrower’s Prospectus or registration statement or allow Indebtedness to exceed the requirements of the 1940 Act.

  • Certain Financial Covenants In addition to the covenants described in Section 5.1 and Section 5.2, so long as any Commitment remains in effect, any Advance is outstanding or any amount is owing to any Lender hereunder or under any other Loan Document, the Borrower will perform and comply with each of the covenants set forth on Schedule VI.

  • Financial Covenants Required Actual Complies Maintain as indicated:

  • Financial Covenant Required Actual Complies Maintain as indicated:

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