Common use of Limitation on Additional Debt Clause in Contracts

Limitation on Additional Debt. During the period in which the Holder together with its Affiliates continues to hold the Minimum Threshold: (A) issue or permit any Subsidiary to issue guarantees of any indebtedness of any other person; (B) issue or incur any indebtedness ranking senior to or pari passu with the Convertible Notes, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed by the Company as part of the Merger) and (z) other indebtedness, which if such indebtedness is issued by the Company must rank pari passu with or junior to the Convertible Notes; and provided, further, that the total amount of the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereof) shall not exceed, at any point in time following its issuance or incurrence, $3,270,000. For purposes of calculating such $3,270,000 amount, in the event that any such additional incurred indebtedness is denominated in a currency other than U.S. dollars the foreign exchange rate to be used in determining such amount shall be the rate in effect as at the original date of this Agreement.

Limitation on Additional Debt. During the period in which the Holder together with its Affiliates continues to hold the Minimum Threshold:The Authority will not issue and/or incur any additional Senior Lien Debt, Parity Debt or Subordinate Obligations, unless (Ai) issue the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt, Parity Debt or permit Subordinate Obligations will be at least equal to 130%, (ii) with respect to Senior Lien Debt and Parity Debt, the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt or Parity Debt will be at least equal to 150% and (iii) the Authority remains in compliance with the Program Documents and this Section 8.13. Promptly, and in any Subsidiary to issue guarantees event within ten (10) Business Days following the issuance or incurrence of any indebtedness of any other person; (B) issue Senior Lien Debt, Parity Debt or incur any indebtedness ranking senior Subordinate Obligations, the Authority shall deliver to or pari passu with the Convertible Notes, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed Lender a certification executed by the Company Authority’s duly appointed and acting Executive Director, Chief Deputy Director or Deputy Director for Finance & Administration as part of the Merger) and (z) other indebtedness, which if such indebtedness is issued by the Company must rank pari passu to compliance with or junior all debt service coverage ratios that are required to be satisfied as a condition precedent to the Convertible Notes; issuance or incurrence of said Senior Lien Debt, Parity Debt or Subordinate Obligations. Notwithstanding the foregoing, the Authority will not issue any additional Senior Lien Debt, Parity Debt or Subordinate Obligations unless and until the following conditions have been satisfied: (a) no Event of Default shall have occurred and then be continuing (provided, furtherhowever, that the total amount of the indebtedness collectively referred to in this clause (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereofa) shall not exceedpreclude the Authority from issuing Senior Lien Debt, Parity Debt or Subordinate Obligations from and after the occurrence of an Event of Default if contemporaneously with the issuance of such indebtedness, this Agreement is terminated and all Obligations due and owing hereunder have been paid in full); (b) the aggregate principal amount of Sales Tax Revenue Obligations authorized to be issued under the Ordinances and the Indenture, together with all outstanding Sales Tax Revenue Obligations, shall not in combination exceed any limitation imposed by the Ordinances or the Act; and (c) the Authority shall have delivered to the Lender a certificate in the form attached hereto as Exhibit G-2 certifying that the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt, Parity Debt or Subordinate Obligations will be at any point in time following its issuance or incurrenceleast equal to 130% with respect to Senior Lien Debt, $3,270,000Parity Debt and Subordinate Obligations and 150% with respect to Senior Lien Debt and Parity Debt. For purposes the avoidance of calculating such $3,270,000 amountdoubt, in the event that any such additional incurred indebtedness is denominated in requirement to deliver a currency other than U.S. dollars the foreign exchange rate to be used in determining such amount shall be the rate in effect as at the original date certificate of this Agreementclause (c) of Section 8.13 shall not apply to the making of Advances or Loans hereunder.

Limitation on Additional Debt. During the period in which the Holder together with its Affiliates continues to hold the Minimum Threshold:The Authority will not issue and/or incur any additional Senior Lien Debt, Parity Debt or Subordinate Obligations, unless (Ai) issue the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt, Parity Debt or permit Subordinate Obligations will be at least equal to 130%, (ii) with respect to Senior Lien Debt and Parity Debt, the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt or Parity Debt will be at least equal to 150% and (iii) the Authority remains in compliance with the Program Documents and this Section 8.13. Promptly, and in any Subsidiary to issue guarantees event within ten (10) Business Days following the issuance or incurrence of any indebtedness Senior Lien Debt, Parity Debt or Subordinate Obligations, the Authority shall deliver to the Lender a certification executed by the Authority’s duly appointed and acting Executive Director, Chief Deputy Director or Deputy Director for Finance & Administration as to compliance with all debt service coverage ratios that are required to be satisfied as a condition precedent to the issuance or incurrence of said Senior Lien Debt, Parity Debt or Subordinate Obligations. Notwithstanding the foregoing, the Authority will not issue any other personadditional Senior Lien Debt, Parity Debt or Subordinate Obligations unless and until the following conditions have been satisfied: (i) no Event of Default shall have occurred and then be continuing (provided, however, that this clause (i) shall not preclude the Authority from issuing Senior Lien Debt, Parity Debt or Subordinate Obligations from and after the occurrence of an Event of Default if contemporaneously with the issuance of such indebtedness, this Agreement is terminated and all Obligations due and owing hereunder have been paid in full); (Bii) issue the aggregate principal amount of Sales Tax Revenue Obligations authorized to be issued under the Ordinances and the Indenture, together with all outstanding Sales Tax Revenue Obligations, shall not in combination exceed any limitation imposed by the Ordinances or incur any indebtedness ranking senior the Act; and (iii) the Authority shall have delivered to or pari passu with the Convertible Notes, other than any indebtedness incurred Lender a certificate in connection with the refinancing or repayment of indebtedness in existence form attached hereto as at the date hereof (provided Exhibit G-2 certifying that the amount Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of any such indebtedness issued in connection additional Senior Lien Debt, Parity Debt or Subordinate Obligations will be at least equal to 130% with such refinancing or repayment respect to Senior Lien Debt, Parity Debt and Subordinate Obligations and 150% with respect to Senior Lien Debt and Parity Debt. For the avoidance of doubt, the requirements of this Section 8.13 shall not exceed the amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed by the Company as part of the Merger) and (z) other indebtedness, which if such indebtedness is issued by the Company must rank pari passu with or junior apply to the Convertible Notes; and provided, further, that the total amount making of the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company Advances or any Subsidiary thereof) shall not exceed, at any point in time following its issuance or incurrence, $3,270,000. For purposes of calculating such $3,270,000 amount, in the event that any such additional incurred indebtedness is denominated in a currency other than U.S. dollars the foreign exchange rate to be used in determining such amount shall be the rate in effect as at the original date of this AgreementLoans hereunder.

Limitation on Additional Debt. During The Company shall not, and shall not permit its Restricted Subsidiaries to, directly or indirectly, Issue any Debt, except that the period in which Company and/or its Restricted Subsidiaries may Issue Debt if (i) no Default or Event of Default shall have occurred and be continuing at such time or shall occur as a result of such issuance and (ii) at the Holder together with its Affiliates continues time such Debt is so Issued and after giving effect thereto and to hold the Minimum Threshold:application of the net proceeds therefrom, the Leverage Ratio of the Company shall not be greater than 6.75 to 1. (Ai) issue or permit the Initial Notes; (ii) Existing Debt; (iii) Debt under the Credit Facility, to the extent that the aggregate amount of such Debt does not, at any Subsidiary time, exceed $750.0 million, less the aggregate amount of Net Cash Proceeds of Asset Sales that have been applied by the Company since the Issue Date to issue guarantees the repayment of any indebtedness term loans thereunder; (iv) Debt owing from or to the Company and its Restricted Subsidiaries, PROVIDED that any Debt owing from the Company to its Restricted Subsidiaries is subordinated to the Notes; (v) other Debt issued hereafter not to exceed in the aggregate $50.0 million at any one time outstanding; (vi) Debt in respect of Capitalized Lease Obligations and Purchase Money Obligations not to exceed in the aggregate $50.0 million at any other person; one time outstanding; (Bvii) issue Acquired Debt; (viii) Debt incurred to renew, refinance or incur extend any indebtedness ranking senior Debt described in either clause (i) or (ii) above or represented by any Notes otherwise issued in compliance with this Indenture, PROVIDED that (a) in the case of Debt incurred to renew, refinance or pari passu with extend any such Debt, the Convertible Notes, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the aggregate principal amount of Debt so issued (or, if such Debt is issued at a price less than the principal amount thereof, the original issue price) shall not exceed the aggregate principal amount of the Debt being extended, renewed or refinanced plus any such indebtedness issued premium, "make-whole" amounts and penalties actually paid on the Debt being extended, renewed or refinanced and all reasonable fees and expenses payable in connection with such renewal, refinancing or repayment extension and (b) any Debt so issued shall not mature prior to the earlier of (x) the stated maturity of the Debt being extended, renewed or replaced and (y) 91 days following the stated maturity of the Notes and (ix) Debt under Hedging Obligations; PROVIDED that (a) such Hedging Obligations are designed to protect against fluctuations in interest or currency rates or commodity prices and (b) in the case of any Hedging Obligations under clause (1) of the definition thereof, (I) such Hedging Obligations relate to payment obligations on Debt otherwise permitted to be incurred by this covenant, and (II) the notional principal amount of such Hedging Obligations at the time incurred does not exceed the amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary Debt to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any which such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed by the Company as part of the Merger) and (z) other indebtedness, which if such indebtedness is issued by the Company must rank pari passu with or junior to the Convertible Notes; and provided, further, that the total amount of the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereof) shall not exceed, at any point in time following its issuance or incurrence, $3,270,000Hedging Obligations relate. For purposes of calculating this covenant, the accretion of original issue discount, the payment in kind of interest and dividends and the accrual of interest and dividends shall not be deemed to be Issuances of such $3,270,000 amountDebt (but the accrual of any such amounts that constitute Debt shall be included for purposes of determining the Leverage Ratio). If an item of Debt meets the criteria of more than one of the categories described in clauses (i) through (ix) above or is permitted to be incurred pursuant to the first paragraph of this covenant and also meets the criteria of one or more of the categories described in clauses (i) through (ix) above, the Company may, in its sole discretion, classify such item of Debt in any manner that complies with this covenant and may from time to time reclassify such item of Debt in any manner in which such item could be incurred at the event time of such reclassification; PROVIDED that Debt outstanding on the Issue Date under the Credit Facility (and any such additional incurred indebtedness is denominated in a currency other than U.S. dollars the foreign exchange rate refinancings thereof) shall first be deemed to be used in determining such amount shall incurred under clause (iii) and may not be the rate in effect as at the original date of this Agreementreclassified.

Limitation on Additional Debt. During the period in which the Holder together with its Affiliates continues to hold the Minimum Threshold: (A) issue or permit any Subsidiary to issue guarantees of any indebtedness of any other person; (B) The City will not issue or incur any indebtedness ranking senior to or pari passu with the Convertible Notes, additional Revenue Obligations (other than any for refunding purposes) unless (a) the conditions set forth in applicable Junior Lien Revenue Obligation Documents, Senior Lien Revenue Obligation Documents and the documents providing for all Junior Subordinate Lien Revenue Obligations are satisfied (subject to the additional requirement that Junior Subordinate Lien Revenues, subject to adjustment as permitted therein, for the most recently completed Fiscal Year for which Audited Financial Statements are available, were equal to at least 110% of Maximum Annual Junior Subordinate Lien Debt Service, including the debt service requirements for the Revenue Obligations proposed to be issued), (b) the conditions set forth in Sections 4.3 and 4.5 of the 2018 Junior Lien City Purchase Agreement are satisfied (and such provisions are incorporated herein by reference, mutatis mutandis, and shall be deemed to continue in effect for the benefit of the Bank as in effect on the Closing Date, whether or not said provisions otherwise remain in effect or are amended, waived or modified), and (c) if the proposed Revenue Obligations are not Series Revolving Credit Revenue Obligations, the City determines that Series Revolving Credit Revenue Obligations could have been issued under the additional indebtedness incurred tests described above in connection with addition to the refinancing or repayment proposed Revenue Obligations, in an amount sufficient to pay when due all principal of indebtedness and interest on the Outstanding Amount of Revolving Loans and Maturity Loans at maturity. The City represents and covenants that execution and delivery of the Revolving Credit Agreement Obligations in existence as at the date hereof (provided that the an aggregate principal amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed less than $200,000,000 has been duly authorized by the Ordinance. Upon execution and delivery of the Series Revolving Credit Agreement Obligations, a portion of the proceeds thereof will be applied and pledged to the extent necessary to pay the principal amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed by the Company as part of the Merger) and (z) other indebtednessall Obligations, which if such indebtedness is issued by the Company must rank pari passu with or junior to the Convertible Notes; and provided, further, that the total amount of the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereof) shall not exceed, at any point in time following its issuance or incurrence, $3,270,000. For purposes of calculating such $3,270,000 amount, in the event that any such additional incurred indebtedness is denominated in a currency other than U.S. dollars the foreign exchange rate to be used in determining such amount pledge shall be the rate in effect as at the original date prior to any pledge of this Agreementsuch amounts to payment of Revenue Obligations.

Limitation on Additional Debt. During the period in which the Holder together with its Affiliates continues to hold the Minimum Threshold: (A) issue or permit any Subsidiary to issue guarantees of any indebtedness of any other person; (B) The City will not issue or incur any indebtedness ranking senior to or pari passu with the Convertible Notes, additional Revenue Obligations (other than any for refunding purposes) unless (a) the conditions set forth in applicable Junior Lien Revenue Obligation Documents, Senior Lien Revenue Obligation Documents and the documents providing for all Junior Subordinate Lien Revenue Obligations are satisfied (subject to the additional requirement that Junior Subordinate Lien Revenues, subject to adjustment as permitted therein, for the most recently completed Fiscal Year for which Audited Financial Statements are available, were equal to at least 110% of Maximum Annual Junior Subordinate Lien Debt Service, including the debt service requirements for the Revenue Obligations proposed to be issued), (b) the conditions set forth in Sections 4.3 and 4.5 of the 2021 City Purchase Agreement are satisfied (and such provisions are incorporated herein by reference, mutatis mutandis, and shall be deemed to continue in effect for the benefit of the Bank as in effect on the Closing Date, whether or not said provisions otherwise remain in effect or are amended, waived or modified), and (c) if the proposed Revenue Obligations are not Series Revolving Credit Revenue Obligations, the City determines that Series Revolving Credit Revenue Obligations could have been issued under the additional indebtedness incurred tests described above in connection with addition to the refinancing or repayment proposed Revenue Obligations, in an amount sufficient to pay when due all principal of indebtedness and interest on the Outstanding Amount of Revolving Loans and Maturity Loans at maturity. The City represents and covenants that execution and delivery of the Revolving Credit Agreement Obligations in existence as at the date hereof (provided that the an aggregate principal amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed less than $200,000,000 has been duly authorized by the Ordinance. Upon execution and delivery of the Series Revolving Credit Agreement Obligations, a portion of the proceeds thereof will be applied and pledged to the extent necessary to pay the principal amount of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtedness, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed by the Company as part of the Merger) and (z) other indebtednessall Obligations, which if such indebtedness is issued by the Company must rank pari passu with or junior to the Convertible Notes; and provided, further, that the total amount of the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereof) shall not exceed, at any point in time following its issuance or incurrence, $3,270,000. For purposes of calculating such $3,270,000 amount, in the event that any such additional incurred indebtedness is denominated in a currency other than U.S. dollars the foreign exchange rate to be used in determining such amount pledge shall be the rate in effect as at the original date prior to any pledge of this Agreementsuch amounts to payment of Revenue Obligations.

Limitation on Additional Debt. During The Authority will not issue and/br incur any additional Senior Lien Debt, Parity Debt or Subordinate Obligations, unless (i) the period Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt, Parity Debt or Subordinate Obligations will be at least egual to 130%, (ii) with respect to Senior Lien Debt and Parity Debt, the Maximum Annual Debt Service Ccverage Ratio after giving effect to the issuance of such additional Senior Lien Debt or Parity Debt will be at least egual to 15C% and (iii) the Authority remains in which compliance with the Holder together with its Affiliates continues Program Documents and this Section 8.13. At least five (5) Business Days prior to hold the Minimum Threshold: (A) issue or permit any Subsidiary to issue guarantees date of issuance of any indebtedness of any other person; (B) issue Senior Lien Debt, Parity Debt or incur any indebtedness ranking senior Subordinate Obligations, the Authority shall deliver to or pari passu with the Convertible NotesAdministrative Agent, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount on behalf of the indebtedness being refinanced or repaid); or (C) permit any subsidiary to issue or incur any indebtednessLenders, other than any indebtedness incurred in connection with the refinancing or repayment of indebtedness in existence as at the date hereof (provided that the amount of any such indebtedness issued in connection with such refinancing or repayment shall not exceed the amount of the indebtedness being refinanced or repaid); provided that notwithstanding the foregoing the Company and its Subsidiaries may issue or incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as measured on the date hereof) of any lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including any such facilities or indebtedness assumed a certification executed by the Company Authority’s duly appointed and acting Executive Director, Chief Deputy Director or Deputy ▇ ▇ ▇▇▇▇▇▇ for ▇ ▇ ▇▇▇▇▇ & A dmi ni strati on as part of the Merger) and (z) other indebtedness, which if such indebtedness is issued by the Company must rank pari passu with or junior to compl i ance wi th al I debt servi ce ccverage rati os that are reguired to be satisfied as a condition precedent to the Convertible Notes; issuance or incurrence of said Senior Lien Debt, Parity Debt or Subordinate Obligations. Notwithstanding the foregoing, the Authority will not issue any additional SeniorLien Debt, Parity Debt or Subordinate Obligations unless and until the following conditions have been satisfied: (i) no Event of Default shall have occurred and then be continuing (provided, furtherhowever, that the total amount of the indebtedness collectively referred to in this clause (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Subsidiary thereofi) shall not exceedpreclude the Authority from issuing Senior Lien Debt, Parity Debt or Subordinate Obligations from and after the occurrence of an Event of Default if contemporaneously with the issuance of such indebtedness, this Agreement is terminated and all Obligations due and owing hereunder have been paid in full); (ii) the aggregate principal amount of Sales Tax Revenue Obligations authorized to be issued under the Ordinances and the Indenture, together with all outstanding Sales Tax Revenue Obligations, shall not in combination exceed any limitation imposed by the Ordinances or the Act; and (iii) the Authority shall have delivered to the Administrative Agent, on behalf of the Lenders, a certificate in the form attached hereto as Exhibit G-2 certifying that the Maximum Annual Debt Service Coverage Ratio after giving effect to the issuance of such additional Senior Lien Debt, Parity Debt or Subordinate Obligations will be at any point in time following its issuance or incurrenceleast egual to 130% with respect to Senior Lien Debt, $3,270,000Parity Debt and Subordinate Obligations and 15C% with respect to Senior Lien Debt and Parity Debt. For purposes the avoidance of calculating such $3,270,000 amountdoubt, in the event that any such additional incurred indebtedness is denominated in a currency other than U.S. dollars reguirements of thi s Secti on 8.13 shal I not apply to the foreign exchange rate to be used in determining such amount shall be the rate in effect as at the original date ▇▇▇▇ ▇▇ of this AgreementAdvances or L oans hereunder.