Financial Performance Covenants Sample Clauses

Financial Performance Covenants. Notwithstanding anything to the contrary contained in Section 7.01, in the event that the U.S. Borrower fails to comply with the requirements of any Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of Intermediate Holdings (which shall contribute all such cash to the capital of the U.S. Borrower) (collectively, the "Cure Right"), and upon the receipt by U.S. Borrower of such cash (the "Cure Amount") pursuant to the exercise by Holdings of such Cure Right such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments: (i) EBITDA shall be increased, solely for the purpose of measuring the Financial Performance Covenants and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and (ii) If, after giving effect to the foregoing recalculations, the U.S. Borrower shall then be in compliance with the requirements of all Financial Performance Covenants, the U.S. Borrower shall be deemed to have satisfied the requirements of the Financial Performance Covenants as of the relevant date of determination with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of the Financial Performance Covenants that had occurred shall be deemed cured for this purposes of the Agreement.

Financial Performance Covenants. Commencing with the fiscal quarter ending December 31, 2014:

Financial Performance Covenants. The Borrower shall observe and ------------------------------- comply with those financial performance covenants set forth on EXHIBIT 9-12(a), annexed hereto, certain of which covenants are based on the Business Plan set forth on EXHIBIT 9-12(b), annexed hereto.

Financial Performance Covenants. During a Regular Covenant Period, the Borrower shall comply with the Existing Financial Covenants. During an Interim Covenant Period:

Financial Performance Covenants. Notwithstanding anything to the contrary contained in Section 7.01, in the event that Holdings fails to comply with the requirements of the Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of the Company (collectively, the “Cure Right”), and upon the receipt by Company of such cash (the “Cure Amount”) pursuant to the exercise by Holdings of such Cure Right and request to the Administrative Agent to effect such recalculation, such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments: (i) EBITDA shall be increased, solely for the purpose of measuring the Financial Performance Covenant and not for any other purpose under this Agreement, by an amount equal to the Cure Amount; and

Financial Performance Covenants. The Borrower's shall observe and comply with those financial performance covenants set forth in EXHIBIT 5.12, attached hereto. Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Collateral Agent may determine the Borrowers' compliance with such covenants based upon financial reports and statements provided by the Lead Borrower to the Collateral Agent (whether or not such financial reports and statements are required to be furnished pursuant to this Agreement) as well as by reference to interim financial information provided to, or developed by, the Collateral Agent.

Financial Performance Covenants. The Borrowers shall observe and comply with those financial performance covenants set forth on EXHIBIT 5.12(a) certain of which covenants are based on the Business Plan set forth on EXHIBIT 5.12(b). Compliance with such financial performance covenants shall be made as if no Material Accounting Changes had been made (other than any Material Accounting Changes specifically taken into account in the setting of such covenants). The Administrative Agent may determine the Borrowers’ compliance with such covenants based upon financial reports and statements provided by the Lead Borrower to the Administrative Agent (whether or not such financial reports and statements are required to be furnished pursuant to this Agreement) as well as by reference to interim financial information provided to, or developed by, the Administrative Agent.

Financial Performance Covenants. (a) Beginning with the fiscal quarter ending on September 30, 2021, at any time while the Initial Term Facility is in effect, the Borrower will not permit the Debt Service Coverage Ratio for the Test Period ending as of the end of such fiscal quarter and each fiscal quarter thereafter to be less than 1.10 to 1.00 (the “TL Financial Performance Covenant”). (b) Beginning with the fiscal quarter ending on September 30, 2021, at any time while the Initial Revolving Facility is in effect, the Borrower will not permit the Consolidated Net Leverage Ratio for the Test Period ending as of the end of such fiscal quarter and each fiscal quarter thereafter to be greater than, (i) at any time during a Specified Acquisition Period, 5.50 to 1.00 and (ii) at any other time, 5.00:1.00. (c) Beginning with the fiscal quarter ending on September 30, 2021, at any time prior to the occurrence of an Investment Grade Event while the Initial Revolving Facility is in effect, the Borrower will not permit the Interest Coverage Ratio for the Test Period ending as of the end of such fiscal quarter and each fiscal quarter thereafter to be less than 2.50 to 1.00.

Financial Performance Covenants. Each Debtor shall observe and comply with the following financial performance covenants, which compliance shall be determined as if no Material Accounting Change had occurred (other than any Material Accounting Change specifically taken into account in the setting of such covenants). Secured Party may determine each Debtor's compliance with such covenants based upon financial reports and statements provided to Secured Party by each Debtor, by BankBoston, N.A. or by BankBoston Retail Finance, Inc. (whether or not such financial reports or statements are required to be furnished pursuant to this Security Agreement) as well as by reference to interim financial information provided to, or developed by, Secured Party. For purposes hereof, any capitalized terms not otherwise defined in this Security Agreement shall have the meanings assigned to them in that certain Loan and Security Agreement dated as of August ____, 1999 ("Loan Agreement") among BankBoston Retail Finance Inc. as administrative Agent and Collateral Agent, certain other financial institutions as revolving credit lenders, Back Bay Capital Funding LLC as term lender, and each Debtor as lead borrower for certain other borrowers, as the Loan Agreement existed as of the date of this Security Agreement. (i) Each Debtor shall not permit its cumulative Consolidated EBITDA, tested quarterly on a rolling four-quarters basis (three-quarters basis for the test as of October 31, 1999) to be less than the following: ------------------------------------------------------------------------ FISCAL QUARTERS ENDING ON OR ABOUT MINIMUM CUMULATIVE CONSOLIDATED EBITDA ------------------------------------------------------------------------ October 31, 1999 $27,000,000 ------------------------------------------------------------------------ ------------------------------------------------------------------------ January 31, 2000 40,000,000 ------------------------------------------------------------------------ ------------------------------------------------------------------------ April 30, 2000 40,000,000 ------------------------------------------------------------------------ ------------------------------------------------------------------------ July 31, 2000 40,000,000 ------------------------------------------------------------------------ ------------------------------------------------------------------------ October 31, 2000 41,500,000 ------------------------------------------------------------------------ ...