Common use of Incurrence of Debt Clause in Contracts

Incurrence of Debt. The Company will not, and will not permit any Subsidiary to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Debt and immediately after giving effect thereto and the concurrent retirement of any other Debt, (i) no Default or Event of Default would exist, (ii) Consolidated Total Debt would not exceed 60% of Consolidated Total Capitalization, and (iii) the Fixed Charge Coverage Ratio in respect of such Debt at such time would be greater than or equal to 2.0 to 1.0.

Appears in 6 contracts

Samples: Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase Agreement (Tiffany & Co)

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Incurrence of Debt. The Company will not, and will not permit any Subsidiary of its Subsidiaries to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to, any Debt, unless on the date the Company or such Subsidiary becomes liable with respect to any such Debt and immediately after giving effect thereto and the concurrent retirement of any other Debt, (i) no Default or Event of Default would exist, (ii) Consolidated Total Debt would not exceed 60% of Consolidated Total Capitalization, and (iii) the Fixed Charge Coverage Ratio in respect of such Debt at such time would be greater than or equal to 2.0 to 1.0.

Appears in 1 contract

Samples: Note Purchase Agreement (Tiffany & Co)

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