Common use of Fixed Charges Clause in Contracts

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costs), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereof), and (iii) cash Distributions made by the Company. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 3 contracts

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)

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Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costs)payable in cash, (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (Debt, all cash payments in connection with pensions or other than any Refinancing Debt in respect thereof), post-retirement benefit obligations and (iii) cash Distributions made by Holdings or Borrower (each only to the Companyextent not otherwise deducted in the calculation of clause (a) of the definition of Fixed Charge Coverage Ratio). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees kind) and costs), (ii) all regularly scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (Indebtedness, but excluding any such principal payments made to the extent refinanced with other than any Refinancing Debt in respect thereof), and (iii) cash Distributions made by the CompanyIndebtedness. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 3 contracts

Samples: Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Seneca Foods Corp)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costsfees), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereof)Money, and (iii) cash Distributions made by the Company. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 3 contracts

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereof)Money, and (iii) cash Distributions made by the Companymade; provided, however, that, “interest expense” shall not include interest expense in connection with intercompany Debt solely among Obligors. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 2 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money Money, and cash Distributions (other than any Refinancing Debt in respect thereofPermitted Tax Distributions and Upstream Payments), and (iii) cash Distributions made by the Company. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Infinera Corp)

Fixed Charges. the sum of (i) cash interest expense paid, scheduled principal payments made on Borrowed Money, voluntary or mandatory prepayments of Debt under the Second Lien Documents and Subordinated Debt, and Distributions made (other than payment-in-kind or amortization of fees and costs), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt cash Distributions paid in respect thereofof tax obligations), and (iii) cash Distributions made by the Company. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (United Maritime Group, LLC)

Fixed Charges. for any period, the sum of (i) interest expense Consolidated Interest Expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made or required to be made on Borrowed Money Money, and Distributions made (other than any Refinancing Debt in respect thereof), and (iii) cash Distributions a Distribution made by the Companya subsidiary to a Borrower). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrum Brands, Inc.)

Fixed Charges. for any applicable period, the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all regularly scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereofRevolver Loans), income taxes paid, cash costs paid under any Hedge Agreement, and (iii) cash Distributions made by the Companyactually made. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereof)Money, and (iii) cash Distributions made by the Companymade. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Mynd.ai, Inc.)

Fixed Charges. the sum of (ia) cash interest expense (other than payment-in-kind or amortization of fees and costskind), (iib) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereofLoans and the full payment of the obligations of Obligors owed to Signature Bank prior to the Closing Date), (c) payments made on account of earn-outs with respect to Permitted Acquisitions and (iiid) cash Distributions made by the CompanyInari. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan Agreement (Inari Medical, Inc.)

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Fixed Charges. the sum of (ia) interest expense (other than payment-in-kind or amortization of fees and costskind), (iib) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money, (c) Capital Expenditures (except those Capital Expenditures (i) financed with Borrowed Money (permitted hereunder other than any Refinancing Debt Term Loans or (ii) reimbursed by landlords in respect thereofcash), (d) cash income taxes paid, and (iiie) cash Distributions made by the Companymade. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Sport Chalet Inc)

Fixed Charges. Fixed Charges: the sum (for the applicable period) of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing the payment in full of the Convertible Debt in respect thereofat its maturity date), and (iii) cash Distributions made by the Companyin cash (other than Permitted Tax Distributions). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan Agreement (Quotient Technology Inc.)

Fixed Charges. the sum sum, without duplication, of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than including on account of any Refinancing Debt in respect thereofearn-outs), and (iii) cash Distributions made by (other than Distributions between Borrowers to the Companyextent permitted hereunder). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Subordination Agreement (Radiant Logistics, Inc)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than including on account of any Refinancing Debt in respect thereofearn-outs), and (iii) cash Distributions made by the Company(other than Distributions between Borrowers). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

Fixed Charges. the sum of (ia) cash interest expense (other than payment-in-kind or amortization kind) net of fees and costs)interest income received in cash, (iib) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than any Refinancing Debt in respect thereof)Money, and (iiic) cash Distributions made by the Companymade. FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (ArcLight Clean Transition Corp.)

Fixed Charges. the sum of (i) interest expense (other than payment-in-kind or amortization of fees and costskind), (ii) all scheduled principal payments (as such may have been reduced by prior prepayments) and all voluntary prepayments made on Borrowed Money (other than including on account of any Refinancing Debt in respect thereofearn-outs), and (iii) cash Distributions made by (other than Distributions between Borrowers to the Companyextent permitted hereunder). FLSA: the Fair Labor Standards Act of 1938, as amended from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

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