Common use of Fixed Charges Coverage Clause in Contracts

Fixed Charges Coverage. Permit or suffer the ratio of Consolidated Fixed Charges Coverage Availability of the Borrowers and their Subsidiaries to Consolidated Fixed Charges of the Borrowers and their Subsidiaries to be less than (i) 0.75 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about January 31, 1997 or April 30, 1997, (ii) 0.80 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about July 31, 1997, (iii) 1.00 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about October 31, 1997 or January 31, 1998, (iv) 1.10 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending on or about April 30, 1998, July 31, 1998, October 31, 1998, January 31, 1999 or April 30, 1999, or (v) 1.25 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending at any time thereafter; such ratio to be determined as of the last day of each fiscal quarter of the Borrowers for the period of four fiscal quarters of the Borrowers then ended. For purposes of determining from time to time the Borrowers' compliance with this subsection, each Person that is a Borrower or a Subsidiary of a Borrower at the time of such determination shall be deemed to have been a Borrower or a Subsidiary of a Borrower, as the case may be, for the entire period relevant to such determination (i.e., in each case, the period of four fiscal quarters of the Borrowers then ended) and each Person that was a Borrower or Subsidiary of a Borrower at any time during such relevant period, but is no longer a Borrower or Subsidiary of a Borrower, as the case may be, at the time of such determination, shall be deemed not to have been a Borrower or a Subsidiary of a Borrower, as the case may be, at any time during such period.

Fixed Charges Coverage. Permit or suffer the ratio of Consolidated Fixed Charges Coverage Availability of the Borrowers and their Subsidiaries to Consolidated Fixed Charges of the Borrowers and their Subsidiaries to be less than (i) 0.75 1.40 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about October 31, 1996 or January 31, 1997 or April 30, 1997, (ii) 0.80 1.65 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about Xxxxx 00, 0000, (xxx) 1.75 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about July 31, 1997, (iiiiv) 2.25 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about October 31, 1997 and January 31, 1998, (v) 2.50 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about October 31, 1997 or January 31April 30, 1998, (ivvi) 1.10 2.75 to 1.00 as of the end of any of the Borrowers' fiscal quarters quarter ending on or about April 30, 1998, July 31, 1998, October 31, 1998, January 31, 1999 or April 30, 1999, or (vvii) 1.25 3.00 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending at any time thereafter; such ratio to be determined as of the last day of each fiscal quarter of the Borrowers for the period of four fiscal quarters of the Borrowers then ended. For purposes of determining from time to time the Borrowers' compliance with this subsection, each Person that is a Borrower or a Subsidiary of a Borrower at the time of such determination shall be deemed to have been a Borrower or a Subsidiary of a Borrower, as the case may be, for the entire period relevant to such determination (i.e., in each case, the period of four fiscal quarters of the Borrowers then ended) and each Person that was a Borrower or Subsidiary of a Borrower at any time during such relevant period, but is no longer a Borrower or Subsidiary of a Borrower, as the case may be, at the time of such determination, shall be deemed not to have been a Borrower or a Subsidiary of a Borrower, as the case may be, at any time during such period. 1.5 Section 5.2(d) is amended to read in full as follows:

Fixed Charges Coverage. Permit or suffer the ratio of Consolidated Fixed Charges Coverage Availability of the Borrowers and their Subsidiaries to Consolidated Fixed Charges of the Borrowers and their Subsidiaries to be less than (i) 0.75 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about January 31, 1997 or April 30, 1997, (ii) 0.80 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about July 31, 1997, (iii) 1.00 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about October 31, 1997 or January 31, 19981997, (iv) 1.10 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending on or about January 31, 1998, April 30, 1998, July 31, 1998, October 31, 1998, January 31, 1999 or April 30, 1999, or (v) 1.25 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending at any time thereafter; such ratio to be determined as of the last day of each fiscal quarter of the Borrowers for the period of four fiscal quarters of the Borrowers then ended. For purposes of determining from time to time the Borrowers' compliance with this subsection, each Person that is a Borrower or a Subsidiary of a Borrower at the time of such determination shall be deemed to have been a Borrower or a Subsidiary of a Borrower, as the case may be, for the entire period relevant to such determination (i.e., in each case, the period of four fiscal quarters of the Borrowers then ended) and each Person that was a Borrower or Subsidiary of a Borrower at any time during such relevant period, but is no longer a Borrower or Subsidiary of a Borrower, as the case may be, at the time of such determination, shall be deemed not to have been a Borrower or a Subsidiary of a Borrower, as the case may be, at any time during such period. 1.9 Section 5.2(d) is amended to read in full as follows:

Fixed Charges Coverage. Permit or suffer the ratio of Consolidated Fixed Charges Coverage Availability of the Borrowers and their Subsidiaries to Consolidated Fixed Charges of the Borrowers and their Subsidiaries to be less than (i) 0.75 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about January 31, 1997 or April 30, 1997, (ii) 0.80 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about July 31, 1997, (iii) 1.00 to 1.00 as of the end of the Borrowers' fiscal quarter ending on or about October 31, 1997 or January 31, 1998, (iv) 0.90 to 1.00 as of the end of either of the Borrowers' fiscal quarters ending on or about April 30, 1998 or July 31, 1998, (v) 1.10 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending on or about April 30, 1998, July 31, 1998, October 31, 1998, January 31, 1999 or April 30, 1999, or (vvi) 1.25 to 1.00 as of the end of any of the Borrowers' fiscal quarters ending at any time thereafter; such ratio to be determined as of the last day of each fiscal quarter of the Borrowers for the period of four fiscal quarters of the Borrowers then ended. For purposes of determining from time to time the Borrowers' compliance with this subsection, each Person that is a Borrower or a Subsidiary of a Borrower at the time of such determination shall be deemed to have been a Borrower or a Subsidiary of a Borrower, as the case may be, for the entire period relevant to such determination (i.e., in each case, the period of four fiscal quarters of the Borrowers then ended) and each Person that was a Borrower or Subsidiary of a Borrower at any time during such relevant period, but is no longer a Borrower or Subsidiary of a Borrower, as the case may be, at the time of such determination, shall be deemed not to have been a Borrower or a Subsidiary of a Borrower, as the case may be, at any time during such period. 1.5 Section 5.2(e) is amended and restated in full as follows: