Fixed Charge Ratio Covenant. During the continuance of a Covenant Compliance Event, each of Holdings and the Borrowers will not permit the Fixed Charge Ratio as of the last day of any fiscal quarter of Holdings to be less than 1.0 to 1.0.
1. Is covenant required to be tested? Yes No
2. If covenant is required to be tested, in compliance? Yes No
Fixed Charge Ratio Covenant. During the continuance of a Covenant Compliance Event, each of Holdings and the Borrowers will not permit the Fixed Charge Ratio as of the last day of any fiscal quarter of Holdings to be less than 1.0 to 1.0.
1. Is covenant required to be tested? Yes _________ No _________
2. If covenant is required to be tested, in compliance? Yes _________ No _________ JOINDER AGREEMENT, dated as of [ , 20 ], made by [ ] (the “Additional Guarantor”), in favor of [ ], as agent (in such capacity, the “Agent”), for the banks, financial institutions and other institutional lenders (the “Lenders”) parties to the Term Loan Credit Agreement referred to below. All capitalized terms not defined herein shall have the meaning ascribed to them in such Term Loan Credit Agreement.
Fixed Charge Ratio Covenant. During the continuance of a Covenant Compliance Event, each of Holdings and the Borrowers will not permit the Fixed Charge Ratio as of the last day of any fiscal quarter of Holdings to be less than 1.0 to 1.0.
1. Is covenant required to be tested? Yes No
2. If covenant is required to be tested, in compliance? Yes No
A. Calculation of Excess Cash Flow: The sum, without duplication, of:
1. Consolidated Net Income for such fiscal year (excluding gains and losses from the sale of assets or businesses outside the ordinary course of business included in the calculation of such Consolidated Net Income): $
2. expenses reducing Consolidated Net Income incurred or made with respect to any Plan: $
3. depreciation, amortization and other non-cash charges reducing Consolidated Net Income (excluding any non-cash charges to the extent they represent an accrual or reserve for potential cash charges in any future period or amortization of a prepaid cash gain that was paid in a prior period and excluding any such charges which were excluded in the calculation of Consolidated Net Income as set forth in Line A.1. above): $
4. The sum of Lines 1-3: $ Minus the sum, without duplication, of the following:
5. contributions made in cash to any Plan: $
6. non-cash gains and other non-cash items increasing Consolidated Net Income (other than any such gains and items which were excluded in the calculation of Consolidated Net Income as set forth in Line A.1. above): $
7. the amount of scheduled payments and mandatory prepayments of principal, interest, fees, premiums and make whole or prepayment payments on account of Debt for borrowed money made in cash (excluding any repayments of Obligations and of prepayments of any revolving credit facility (unless there is an equivalent permanent reduction in the commitments thereunder and excluding any such payments or prepayments to the extent financed with the proceeds of Debt)), and scheduled payments and mandatory prepayments of Capital Lease Obligations (excluding any interest expense portion thereof deducted in the calculation of Consolidated Net Income and excluding any such payments or prepayments to the extent financed with the proceeds of Debt): $
8. the amount of optional prepayments of principal on account of Priority Obligations or the Term Loan made in cash during such fiscal year (as a result of which, in the case of the repayments under any revolving credit facility, the revolving credit commitments have been permanently reduced...
Fixed Charge Ratio Covenant. During the continuance of a Covenant Compliance Event, each of Holdings and the Borrowers will not permit the Fixed Charge Ratio as of the last day of any fiscal quarter of Holdings to be less than 1.0 to 1.0.
1. Is covenant required to be tested? Yes No
2. If covenant is required to be tested, in compliance? Yes No JOINDER AGREEMENT, dated as of [ , 20 ], made by [ ] (the “Additional Guarantor”), in favor of [ ], as agent (in such capacity, the “Agent”), for the banks, financial institutions and other institutional lenders (the “Lenders”) parties to the Term Loan Credit Agreement referred to below. All capitalized terms not defined herein shall have the meaning ascribed to them in such Term Loan Credit Agreement.
