Common use of Information on Indebtedness Clause in Contracts

Information on Indebtedness. The Trustee, acting in accordance with the instructions of the Manager, shall disclose: (a) to the CNBV, to the BMV and to the general public, quarterly, within the 20 (twenty) Business Days following the end of each of the first three quarters of every Fiscal Year, and within the 40 (forty) Business Days following the end of the fourth quarter, the Level of Indebtedness and the Debt Service Coverage Ratio, calculated pursuant to the CNBV Regulations and setting forth, as a minimum, the components of such calculation. Furthermore, it shall report the details of each relevant Indebtedness assumed, including amortizations, interest and the existence, if applicable, of guarantees or other significant details. For purposes of the foregoing, relevant Indebtedness shall mean any Indebtedness that represents 10% (ten percent) or more of the aggregate liabilities of the Trust shown in the consolidated financial statements of the Trust as of the last fiscal year. When such transaction represents less than such percentage or is not quantifiable as a percentage, the Manager shall evaluate if such transaction is relevant for the Holders and the market in general; and (b) to the CNBV, within the 40 (forty) Business Days following the end of the fourth quarter, pro-forma financial statements of the Trust for the following fiscal year, based on figures corresponding to such fourth quarter, which reflect the ability of the Trust to comply with the maximum Level of Indebtedness permitted under the CNBV Regulations, in each case, as required by the CNBV Regulations.

Appears in 4 contracts

Samples: Irrevocable Trust Agreement, Irrevocable Trust Agreement, Irrevocable Trust Agreement

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