Guarantor Cover. (a) The Company must also ensure that, at any time prior to the occurrence of the Trigger Event, the turnover of the Guarantors contribute at any time 70 per cent., or more of the turnover of the Group at that time.
Guarantor Cover. (a) If the aggregate gross assets or profits before interest, Tax and exceptional or extraordinary items ("EBIT") of the Guarantors (excluding intra-Group items) are at any time less than 75 per cent. of the total gross assets or EBIT (as applicable) of the Group at that time, then within 14 days of becoming aware of this fact the Company must ensure that sufficient Additional Guarantor(s) accede to this Agreement to ensure that the aggregate gross assets or EBIT of the Guarantors (excluding intra-Group items) are not less than 75 per cent. of the total gross assets or EBIT of the Group at that time.
Guarantor Cover. (a) Subject to Clause 25.4 (Additional Guarantors), the Company must ensure that, from the first Utilisation Date, the aggregate gross assets, turnover, and EBIT, of the Guarantors are not at any time less then 90 per cent. of aggregate gross assets, turnover, and EBIT of the Group at that time. For the avoidance of doubt the gross assets, turnover or EBIT of the Parent shall not be taken into account under this Clause 21.2(a).
Guarantor Cover. (a) The Company must ensure that the aggregate net assets, turnover and Adjusted EBITDA of the Guarantors are not at any time less than 90 per cent. of the total net assets, turnover or Consolidated Adjusted EBITDA of the Group.
Guarantor Cover. The Noteholders shall have received evidence in form and substance satisfactory thereto of compliance as of the Effective Date with the terms of Section 9.9 of the Amended and Restated Note Purchase Agreements as measured on the basis of the EBITDA shown on accounts provided by the Company for the period ending October 31, 2003. Schedule 4
Guarantor Cover. (a) If the aggregate gross assets, consolidated turnover, or Consolidated Earnings Before Interest and Tax (determined pursuant to Clause 21 (Financial Covenants)) of the Guarantors (excluding intra-Group items) are at any time less than 75 per cent. of the gross assets, consolidated turnover or Consolidated Earnings Before Interest and Tax of the Group at that time, then within 30 days of becoming aware of this fact the Company shall procure that sufficient Additional Guarantors accede to this Agreement in accordance with Clause 25.2 (Additional Guarantors) to ensure that after such accession the aggregate, gross assets, consolidated turnover and Consolidated Earnings Before Interest and Tax of the Guarantors (excluding intra-Group items) are not less than 75 per cent. of the gross assets, consolidated turnover and Consolidated Earnings Before Interest and Tax of the Group at such time.
Guarantor Cover. (a) The Parent must ensure that within 30 days of any member of the Group becoming a Material Subsidiary (or, in the case of a Xxxxxx Xxxxxxxx Company which is a Material Subsidiary, within 30 days of this paragraph applying to that Material Subsidiary), that member of the Group becomes an Additional Guarantor (unless the Facility Agent, acting reasonably, is satisfied that it would be unlawful for that Group Company to become an Additional Guarantor).
Guarantor Cover. The Company must ensure that each of its Wholly Owned Domestic Material Subsidiaries becomes a Guarantor within 30 days of it becoming a Wholly Owned Domestic Material
Guarantor Cover. (a) The Parent shall ensure that, subject to paragraph (c) below, any member of the Group which is not a Guarantor which is or becomes a Material Company shall, as soon as reasonably practicable but in any event within 60 days of the later to occur of (i) the Effective Date and (ii) that member of the Group becoming a Material Company, become an Additional Guarantor in accordance with Clause 28.4 (Additional Guarantors).
Guarantor Cover. (a) The Company must ensure that at any time after the date falling 45 days after the Refinancing Date or such earlier date on which the Company has complied with Clause 4.4 (Conditions subsequent), the aggregate net assets, turnover and Adjusted EBITDA of the Guarantors are not at any time less than 80 per cent. of the total net assets, turnover or Consolidated Adjusted EBITDA of the Group.
