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.
AutoNDA by SimpleDocs
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. 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. (a) 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 

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 Section 4.01. (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.

  • 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 The Borrower will not:

  • Financial Covenants Required Actual Complies Maintain as indicated Minimum Liquidity Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 :1.00 Yes No Minimum Fixed Charge Coverage Ratio (when required) 1.50:1.00 :1.00 Yes No Minimum EBITDA (no worse than) (when required) ($7,000,000) $ Yes No * See Loan Agreement Performance Pricing/ Streamline Period Streamline Requirement Met? See Loan Agreement Yes No Yes, interest rate on Advances equal to the Prime Rate No, interest rate on Advances equal to the Prime Rate plus one and one-quarter percent (1.25%) Borrower is party to, or bound by, the following material Restricted Licenses that were not previously noted in the Perfection Certificate or a prior Compliance Certificate: . Borrower intends to register the following copyrights or mask works with the United States Copyright Office that were not previously noted in a prior Compliance Certificate: . Borrower has (i) obtained the following Patents, registered Trademarks, registered Copyrights, registered mask work, or any pending application for any of the foregoing, whether as owner, licensee or otherwise, and (ii) applied for the following Patents and the registration of the following Trademarks; in each case, that were not previously noted in the Perfection Certificate or a prior Compliance Certificate (to be reported on as part of the Compliance Certificate due following the last month of each fiscal quarter): . The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) ATRICURE, INC. ATRICURE, LLC ENDOSCOPIC TECHNOLOGIES, LLC BANK USE ONLY Received by: AUTHORIZED SIGNER Date: By: Name: Verified: Title: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance Certificate Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated:

Time is Money Join Law Insider Premium to draft better contracts faster.