Common use of Financial Covenants Required Actual Complies Clause in Contracts

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:

Appears in 1 contract

Samples: Modification Agreement

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Financial Covenants Required Actual Complies. Maintain as indicated Minimum Liquidity Ratio indicated: Adjusted EBITDA (when required; monthly – quarterly if no outstanding Advancesthree-month, tested monthly) 2.00:1.00 :1.00 *$________ $________ Yes No Minimum Fixed Charge Coverage Ratio Revenue (when requiredtested quarterly) 1.50:1.00 :1.00 **$________ $________ Yes No Minimum EBITDA Liquidity (no worse thantested monthly) (when required) ($7,000,000) $ 2,000,000.00 $________ Yes No * See Loan Agreement Performance Pricing/ *As set forth in Section 6.9(a) *As set forth in Section 6.9(b) Streamline Period Streamline Requirement Met? See Loan Agreement Required Actual Complies Maintain: Adjusted Quick Ratio > 1.50:1.0 _____:1.0 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. Other Matters Have there been any amendments of or other changes to the capitalization table of Borrower and to the Operating Documents of Borrower or any of its Subsidiaries? If yes, provide copies of any such amendments or changes with this Compliance Certificate. Yes No The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) ATRICURECANCER GENETICS, INC. ATRICURE, LLC ENDOSCOPIC TECHNOLOGIES, LLC BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: GENTRIS, LLC Verified: authorized signer By: Date: Name: Verified: Title: AUTHORIZED SIGNER Date: Compliance Status: Yes No VIVOPHARM, LLC By: Name: Title: RDDT A VIVOPHARM COMPANY PTY LTD By: Name: Title: 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:: ____________________

Appears in 1 contract

Samples: Loan and Security Agreement

Financial Covenants Required Actual Complies. Maintain as indicated on a Monthly Basis: Minimum Liquidity Adjusted Quick Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 1.2:1.0 :1.00 1.0 Yes No Maximum Capital Expenditures * $ Yes No Minimum Fixed Charge Coverage Ratio (when required) 1.50:1.00 1.5:1.0 :1.00 1.0 Yes No Minimum EBITDA (no worse than) (when required) ($7,000,000) * $ Yes No * See Loan Agreement Performance Pricing/ Streamline Period Pricing Applies Adjusted Quick Ratio: greater or equal to 2 to 1 First Tier Rate Yes No greater or equal to 1.5 to 1, but less than 2 to 1 Second Tier Rate Yes No Less than 1.5 to 1, or Event of Default exists Regular Rate Yes No Streamline Requirement Met? Minimum Cash Condition 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: By: AUTHORIZED SIGNER Name: Title: 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:No

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Financial Covenants Required Actual Complies. Maintain as indicated on a Monthly Basis: Minimum Liquidity Adjusted Quick Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 1.2:1.0 :1.00 1.0 Yes No Maximum Capital Expenditures * $ Yes No Minimum Fixed Charge Coverage Ratio (when required) 1.50:1.00 1.5:1.0 :1.00 1.0 Yes No Minimum EBITDA (no worse than) (when required) ($7,000,000) * $ Yes No * *See Loan Agreement Performance Pricing/ Streamline Period Pricing Applies Adjusted Quick Ratio: greater or equal to 2 to 1 First Tier Rate Yes No greater or equal to 1.5 to 1, but less than 2 to 1 Second Tier Rate Yes No Less than 1.5 to 1, or Event of Default exists Regular Rate Yes No Streamline Requirement Met? Minimum Cash Condition 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 By: Received by: AUTHORIZED SIGNER Name: Date: By: NameTitle: 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:No

Appears in 1 contract

Samples: Loan Modification Agreement (AtriCure, Inc.)

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:No

Appears in 1 contract

Samples: Joinder and Seventh Loan Modification Agreement (AtriCure, Inc.)

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) ($7,000,000$ 10,000,000 ) $ Yes No * See Loan Agreement Performance Pricing/ 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 By: Name: Title: 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:No

Appears in 1 contract

Samples: Eighth Loan Modification Agreement (AtriCure, Inc.)

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Financial Covenants Required Actual Complies. Maintain as indicated on a Monthly Basis: Minimum Liquidity Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 1.75:1.00 :1.00 Yes No Maximum Capital Expenditures * $ 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/ Pricing Applies Liquidity Ratio: greater or equal to 2.50 to 1.00 First Tier Rate Yes No greater or equal to 2.00 to 1.00, but less than 2.50 to 1.00 Second Tier Rate Yes No Less than 2.00 to 1.00, or Event of Default exists Regular Rate Yes No 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 By: Date: By: Name: Title: 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:No

Appears in 1 contract

Samples: Joinder and Fifth Loan Modification Agreement (AtriCure, Inc.)

Financial Covenants Required Actual Complies. Maintain as indicated on a Monthly Basis: Minimum Liquidity Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 :1.00 Yes No Maximum Capital Expenditures * $ Yes No Minimum Fixed Charge Coverage Ratio (when required) 1.50:1.00 :1.00 Yes No Minimum EBITDA (no worse than) (when required) ($7,000,000$ 4,000,000 ) $ Yes No * See Loan Agreement Performance Pricing/ 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 By: Date: By: Name: Title: 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:No

Appears in 1 contract

Samples: Sixth Loan Modification Agreement (AtriCure, Inc.)

Financial Covenants Required Actual Complies. Maintain as indicated on a Monthly Basis: Minimum Liquidity Adjusted Quick Ratio (when required; monthly – quarterly if no outstanding Advances) 2.00:1.00 1.1:1.0 :1.00 1.0 Yes No Maximum Capital Expenditures * $ Yes No Minimum Fixed Charge Coverage Ratio (when required) 1.50:1.00 1.5:1.0 :1.00 1.0 Yes No Minimum EBITDA (no worse than) (when required) ($7,000,000) * $ Yes No * See Loan Agreement Performance Pricing/ Pricing Applies Adjusted Quick Ratio: greater or equal to 2 to 1 First Tier Rate Yes No greater or equal to 1.5 to 1, but less than 2 to 1 Second Tier Rate Yes No Less than 1.5 to 1, or Event of Default exists Regular Rate Yes No 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: By: AUTHORIZED SIGNER Name: Date: By: NameTitle: 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:No

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

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