Floating Rate Debt. The aggregate principal amount of all outstanding Floating Rate Debt to exceed, at any time, the greater of (i) 25% of Total Asset Value and (ii) the aggregate amount of the Commitments.
Floating Rate Debt. On any date, the Borrower and its Subsidiaries shall not, on a consolidated basis, have outstanding floating rate debt that is neither at a fixed rate or hedged pursuant to a derivative contract greater than 40% of Total Asset Value.
Floating Rate Debt. Permit the Consolidated Group to have outstanding Indebtedness for borrowed money that bears interest at a floating rate (including this Facility) in excess of $150,000,000 at all times during any six (6) month period, unless such excess shall thereafter be covered by a swap, interest rate cap or other interest rate protection product reasonably satisfactory to the Administrative Agent.
Floating Rate Debt. On any date, the Company and its Subsidiaries shall not, on a consolidated basis, have outstanding Indebtedness for Borrowed Money that is neither at a fixed rate nor hedged pursuant to a derivative contract greater than 40% of Total Asset Value.
Floating Rate Debt. The Parent will not and will not permit any of its Subsidiaries to incur, assume or suffer to exist any Unprotected Floating Rate Debt of the Parent and its Subsidiaries determined on a consolidated basis in an aggregate outstanding principal amount in excess of 25% of Gross Asset Value of the Parent and its Subsidiaries determined on a consolidated basis at any time.
Floating Rate Debt. Permit the ratio of Total Indebtedness that bears interest at a floating rate of interest to Total Asset Value as at the last day of any period of four consecutive fiscal quarters of the Borrower or on the date of any incurrence of Indebtedness by the Borrower or its Subsidiaries to exceed 30%.
Floating Rate Debt. The ratio of (i) Floating Rate Debt of the Trust and its Subsidiaries determined on a consolidated basis to (ii) Total Indebtedness, to exceed 0.35 to 1.00 at any time.
Floating Rate Debt. A. Floating Rate Debt $---------------------- Must be less than $150mm
Floating Rate Debt. The aggregate principal amount of all outstanding Floating Rate Debt to exceed at any time an amount equal to the greater of (i) 25.0% of Total Asset Value and (ii) the sum of (x) the aggregate amount of the Commitments plus (y) the aggregate principal balance of loans outstanding under that certain Credit Agreement entered into in February, 2004 by the Borrower, the financial institutions from time to time party thereto as “Lenders” and Wachovia Bank, National Association, as Agent.
(e) The Credit Agreement is amended by deleting Section 9.6.(a) in its entirety and substituting in its place the following:
(a) the Borrower may (x) declare and make cash distributions to its common shareholders during any fiscal year in an aggregate amount not to exceed the greater of (i) 90.0% of Funds From Operations of the Borrower for such fiscal year or (ii) the amount for the Borrower to remain in compliance with Section 7.13. and (y) declare and make Preferred Dividends;
(f) The Credit Agreement is amended by deleting the second sentence of Section 9.9. in its entirety and substituting in its place the following: The Borrower shall not enter into any material amendment, modification or waiver of or with respect to any of the terms of the Advisory Agreement or the Management Agreement, except for extensions thereof.
Floating Rate Debt. Permit the ratio of Total Indebtedness that bears interest at a floating rate of interest to Total Asset Value as at the last day of any period of four consecutive fiscal quarters of the Borrower or on the date of any incurrence of Indebtedness by the Borrower or its Subsidiaries to exceed 30%, provided that such ratio may exceed 30% as of the end of or during the fiscal quarters ending March 31, 2008, June 30, 2008 and September 30, 2008 upon or following initial consummation of the Acquisition or incurrence of Indebtedness to finance the Acquisition so long as such ratio does not exceed 42.5%.”
