Common use of Incurrence of Indebtedness and Issuance of Preferred Equity Clause in Contracts

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will not, and will not permit any of Parent's Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equity, if, on the date of such incurrence or issuance, the Fixed Charge Coverage Ratio for Parent's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the The Issuer will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and or any of Parent's Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's the Issuer’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case, 1.0 determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer The Company will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and Company or any of Parent's other Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, if on the date of such incurrence or issuance, thereof the Fixed Charge Coverage Ratio for Parent's the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer Company will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer Company will not issue any Disqualified Stock and the Company will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parentthe Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Issuer and Company or any Restricted Subsidiary of Parent's Restricted Subsidiaries the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer and any of Parent's Restricted Subsidiaries may issue or preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parentthe Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will The Partnership shall not, and will shall not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer will Partnership shall not issue any Disqualified Stock and will shall not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parentthat, the Issuer and any of Parent's Restricted Subsidiaries Issuers may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equityStock, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's the Partnership’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.. The first paragraph of this Section 4.09 shall not prohibit the incurrence of any of the following items of Indebtedness (collectively, “Permitted Debt”):

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the The Issuer will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and or any of Parent's other Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's the Issuer’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.2.0 to

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will The Partnership shall not, and will shall not permit any of Parent's Restricted its Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer will Partnership shall not issue any Disqualified Stock and will shall not permit the Issuer or any of Parent's Restricted its Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parentthat, the Issuer and any of Parent's Restricted Subsidiaries Issuers may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, if (a) the Shreveport Resort is Operating; and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equity, if, on the date of such incurrence or issuance, (b) the Fixed Charge Coverage Ratio for Parentthe Partnership's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the preferred equity or Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.. The first paragraph of this Section 4.09 shall not prohibit the incurrence of any of the following items of Indebtedness so long as no Default or Event of Default has occurred and is continuing (collectively, "Permitted Debt"):

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will The Partnership shall not, and will shall not permit any of Parent's Restricted its Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer will Partnership shall not issue any Disqualified Stock and will shall not permit the Issuer or any of Parent's Restricted its Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parentthat, the Issuer and any of Parent's Restricted Subsidiaries Issuers may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equityStock, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parentthe Partnership's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the preferred equity or Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.. The first paragraph of this Section 4.09 shall not prohibit the incurrence of any of the following items of Indebtedness so long as no Default or Event of Default has occurred and is continuing (collectively, "Permitted Debt"):

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer The Company will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries that are not Subsidiary Guarantors to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parenton or after July 16, 2023, the Issuer and any of Parent's Restricted Subsidiaries Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer Stock, and any of Parent's Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, if on the date of such incurrence or issuance, thereof the Fixed Charge Coverage Ratio for Parent's the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer Company will not, and will not permit any of Parent's ’s Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer Company or any of Parent's ’s Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer Company and any of Parent's Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer Company and any of Parent's Restricted Subsidiaries Subsidiary may issue preferred equity, if, on the date of such incurrence or issuance, the Fixed Charge Coverage Ratio for Parent's ’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period; provided, further, that the amount of Indebtedness (including Acquired Debt) that may be incurred pursuant to the foregoing Restricted Subsidiaries that are not Subsidiary Guarantors of the Notes shall not exceed $50.0 million at any one time outstanding.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer Holdings will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer Holdings will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Holdings may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and Company or any of Parent's other Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's Holdings' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a1) Parent and the Issuer will Lessee shall not, and will shall not permit any of Parent's Restricted its Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness ----- (including Acquired Debt), and Parent and the Issuer will Lessee shall not issue any Disqualified Stock and will shall not permit the Issuer or any of Parent's Restricted its Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Lessee may incur Indebtedness -------- ------- (including Acquired Debt) or issue Disqualified Stock Stock, if (a) the Resort is Operating; and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equity, if, on the date of such incurrence or issuance, (b) the Fixed Charge Coverage Ratio for ParentLessee's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the preferred equity or Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period; provided, however, that the foregoing shall not -------- ------- prohibit the incurrence of any Permitted Debt so long as no Lease Default or Lease Event of Default shall have occurred and be continuing.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will The Company shall not, and will shall not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently continentally or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), Indebtedness but excluding any Permitted Indebtedness) and Parent and that the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equitystock; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Company may incur Indebtedness (including Acquired DebtIndebtedness) or issue shares of Disqualified Stock and the Issuer Stock, and any of Parent's Restricted Subsidiaries Subsidiary may issue preferred equityincur Indebtedness (including Acquired Indebtedness), if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parentthe Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred incurred, or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period. The Company shall not , and shall not permit any Subsidiary Guarantor to, directly or indirectly, in any event incur any Indebtedness that by its terms (or by the terms of any agreement governing such Indebtedness) is subordinated to any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be, unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) made expressly subordinate to the Notes or the Subsidiary Guarantee of such Subsidiary Guarantor, as the case may be, to the same extent and in the same manner as such Indebtedness is subordinated pursuant to subordination provisions that are most favorable to the holders of any other Indebtedness of the Company or such Subsidiary Guarantor, as the case may be.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the The Issuer will not, and will not permit any of Parent's Restricted Subsidiaries Subsidiary to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's Restricted Subsidiaries Subsidiary to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and or any of Parent's Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's the Issuer’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case, 1.0 determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period; provided that the amount of Indebtedness, Disqualified Stock and preferred equity that may be incurred or issued, as applicable, pursuant to this paragraph by Restricted Subsidiaries that are not Subsidiary Guarantors, together with any amounts incurred pursuant to clauses (11) and (24) of Section 4.09(b), shall not exceed the greater of (x) $15.0 million and (y) 1.0% of Total Tangible Assets at any one time outstanding.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the The Issuer will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and or any of Parent's other Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parent's the Issuer’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer The Borrower will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer Borrower will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Borrower may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and Borrower any of Parent's Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, if on the date of such incurrence or issuance, thereof the Fixed Charge Coverage Ratio for Parent's the Borrower’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer The Lead Borrower will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "“incur"”) any Indebtedness (including Acquired Debt), and Parent and the Issuer Lead Borrower will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Lead Borrower may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock Stock, and the Issuer and Lead Borrower or any of Parent's other Restricted Subsidiaries Subsidiary may incur Indebtedness (including Acquired Debt) or issue preferred equity, if, if (v) on the date of such incurrence or issuance, thereof the Fixed Charge Coverage Other Debt Covenant Ratio for Parent's the Lead Borrower’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period, (w) it matures (or is otherwise payable or requires any sinking fund or other mandatory payment) no earlier than the date that is ninety-one (91) days after the Maturity Date, (x) after giving effect to the incurrence of such Indebtedness no Default or Event of Default exists and (z) to the extent such Indebtedness is secured by a Lien, such Liens either (A) do not extend to any Revolving Facility Priority Collateral or (B) are secured on a junior basis to the Liens securing the Obligations on any Revolving Facility Priority Collateral and, in the case of this clause (B) relating to Indebtedness for borrowed money, are subject to the terms of the Intercreditor Agreement or a Junior Lien Intercreditor Agreement, as applicable; provided, however incurrence of Indebtedness and issues Disqualified Stock and preferred equity by Persons that do not become Loan Parties shall be capped at $15.0 million.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer will The Company shall not, and will shall not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently continentally or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), Indebtedness but excluding any Permitted Indebtedness) and Parent and that the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equitystock; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Company may incur Indebtedness (including Acquired DebtIndebtedness) or issue shares of Disqualified Stock and the Issuer Stock, and any of Parent's Restricted Subsidiaries Subsidiary may issue preferred equityincur Indebtedness (including Acquired Indebtedness), if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parentthe Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, issued would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred incurred, or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer The Company will not, and will not permit any of Parent's its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer Company will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's its Restricted Subsidiaries to issue any Disqualified Stock or any shares of preferred equity; provided, however, that Parentthe Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Issuer and any of Parent's Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equity, if, on the date of such incurrence or issuance, if the Fixed Charge Coverage Ratio for Parentthe Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.25 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.

Incurrence of Indebtedness and Issuance of Preferred Equity. (a) Parent and the Issuer Midwest will not, and will not permit any of Parent's Restricted its Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, "incur") any Indebtedness (including Acquired Debt), and Parent and the Issuer Midwest will not issue any Disqualified Stock and will not permit the Issuer or any of Parent's Restricted its Subsidiaries to issue any Disqualified Stock or any shares of preferred equitystock; provided, however, that Parent, the Issuer and any of Parent's Restricted Subsidiaries Midwest may incur unsecured Indebtedness (including Acquired Debt) or issue Disqualified Stock and if the Issuer and any of Parent's Restricted Subsidiaries may issue preferred equity, if, on the date of such incurrence or issuance, the Fixed Charge Consolidated Interest Coverage Ratio for ParentMidwest's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued, as the case may be, would have been at least (A) 1.75 2.0 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued on or prior to June 30, 2008 or (B) 2.00 to 1.00 if such Indebtedness is incurred or such Disqualified Stock or such preferred equity is issued after June 30, 2008, in each case1, determined on a pro forma Pro Forma basis (including a pro forma Pro Forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the preferred equity had been issued, as the case may be, at the beginning of such four-quarter period.