Common use of Limitation on Additional Debt Clause in Contracts

Limitation on Additional Debt. The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except Permitted Debt and except that, if no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1, the Company and its Restricted Subsidiaries may incur Permitted Debt. For purposes of determining compliance with this Section 4.06, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i) through (xii) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.06, the Company shall classify such Debt in its sole discretion, and such item of Debt will be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.06. Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian dollars resulting from fluctuations in the exchange values of currencies shall not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the amount of Debt of the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such time.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except Permitted Debt and except that, if no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary may incur Debt (including any Acquired Debt) if the Company's ’s Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's ’s Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.05, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii20) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.05 (other than debt outstanding under the Credit Facilities on the date on which the Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of “Permitted Debt”), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.0610.05. In addition, Debt may be incurred in reliance in part on one clause in the definition of “Permitted Debt” (or the first paragraph of this covenant) and in part in reliance on another clause in the definition of “Permitted Debt” (or the first paragraph of this covenant). Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.05; PROVIDED provided, that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian dollars resulting from fluctuations in the exchange values of currencies shall not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.05; PROVIDED provided, that the amount of Debt of the Company outstanding at any time for purposes of covenant compliance shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such time. Any incurrence of Debt which complied with this Indenture at the time incurred shall be deemed not to violate this Indenture if the amount of Debt incurred later changes as a result of currency fluctuation. (c) This Indenture shall not treat (1) unsecured Debt as subordinated or junior to secured Debt merely because it is unsecured or (2) senior Debt as subordinated or junior to any other senior Debt merely because it has a junior priority with respect to the same collateral.

Limitation on Additional Debt. The Company shall not, and shall not cause 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 Restricted Subsidiaries to, directly may issue or indirectly, incur indebtedness constituted of (x) Successor Debentures and (y) the unutilized portion (as definedmeasured on the date hereof) of any Debt lines of credit or existing credit facilities, bankers acceptances, letters of credit, hedging agreements, credit cards, leases and similar indebtedness (including, without limitation, including any Acquired Debt), except Permitted Debt and except that, if no Default such facilities or Event of Default shall have occurred and be continuing at indebtedness assumed by the time or Company as a consequence part of the incurrence 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 such Debt, the indebtedness collectively referred to in (y) and (z) above (including principal and accrued interest thereon and whether issued by the Company or any Restricted Subsidiary may incur Debt (including thereof) shall not exceed, at any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1point in time following its issuance or incurrence, the Company and its Restricted Subsidiaries may incur Permitted Debt$3,270,000. For purposes of determining compliance with this Section 4.06calculating such $3,270,000 amount, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i) through (xii) of the definition thereof or any such additional incurred indebtedness is entitled to be incurred pursuant to the first paragraph of this Section 4.06, the Company shall classify such Debt in its sole discretion, and such item of Debt will be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.06. Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian U.S. dollars resulting from fluctuations in the foreign exchange values of currencies shall not be deemed rate to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the used in determining such amount of Debt of the Company outstanding at any time shall be the Canadian dollar equivalent rate in effect as at the original date of all such Debt of the Company outstanding at such timethis Agreement.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except (i) Permitted Debt and except that, if (ii) provided that no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary Guarantor may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 11.0. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 11.0, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.05, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii20) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.05 (other than (x) debt outstanding under the Credit Facilities on the date on which the Floating Rate Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of "Permitted Debt" and (y) the Floating Rate Notes, the PIK Toggle Notes and any Additional Secured Debt, which shall be treated as incurred pursuant to clause (2) of the definition of "Permitted Debt"), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.0610.05. In addition, Debt may be incurred in reliance in part on one clause in the definition of "Permitted Debt" (or Section 10.05(a)) and in part in reliance on another clause in the definition of "Permitted Debt" (or Section 10.05(a)). Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional DebtDebt (including PIK Interest (as defined in the PIK Toggle Notes Indenture)), in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.05; PROVIDED provided, that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in For purposes of determining compliance with any U.S. or Canadian dollar-denominated restriction on the incurrence of Debt, the respective U.S. dollar-equivalent or Canadian dollar dollar-equivalent principal amount of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a foreign currency other than Canadian dollars resulting from fluctuations shall be calculated based on the relevant currency exchange rate in effect on the date such Debt was incurred, in the case of term Debt, or first committed, in the case of revolving credit Debt; provided, that if such Debt is incurred to refinance other Debt denominated in a foreign currency, and such refinancing would cause the applicable U.S. dollar-denominated restriction or Canadian-dollar denominated restriction, as applicable, to be exceeded if calculated at the relevant currency exchange values rate in effect on the date of currencies such refinancing, such dollar-denominated restriction shall not be deemed not to be an have been exceeded so long as the principal amount of such Refinancing Debt does not exceed the principal amount of such Debt being refinanced. Any incurrence of Debt for purposes of which complied with this Section 4.06; PROVIDED that Indenture at the time incurred shall be deemed not to violate this Indenture if the amount of Debt incurred later changes as a result of currency fluctuation. (c) This Indenture shall not treat (1) unsecured Debt as subordinated or junior to secured Debt merely because it is unsecured or (2) senior Debt as subordinated or junior to any other senior Debt merely because it has a junior priority with respect to the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such timesame collateral.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except Permitted Debt and except that, if no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.06, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii14) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.06 (other than debt outstanding under the Credit Facilities on the date on which the Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of Permitted Debt), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.06. Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian dollars resulting from fluctuations in the exchange values of currencies shall not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED that the amount of Debt of the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such time10.06.

Limitation on Additional Debt. The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except Permitted Debt and except that, if no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1, the Company and its Restricted Subsidiaries may incur Permitted Debt. For purposes of determining compliance with this Section 4.06, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i) through (xii) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.06, the Company shall classify such Debt in its sole discretion, and such item of Debt will be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.06. Accrual of interest, the accretion of accreted accrcted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED provided that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian dollars resulting from fluctuations in the exchange values of currencies shall not be deemed to be an incurrence of Debt for purposes of this Section 4.06; PROVIDED provided that the amount of Debt of the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such time.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except (i) Permitted Debt and except that, if (ii) provided that no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary Guarantor may incur Debt (including any Acquired Debt) if the Company's ’s Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 11.0. Even if the Company's ’s Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 11.0, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.05, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii20) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.05 (other than (x) debt outstanding under the Credit Facilities on the date on which the PIK Toggle Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of “Permitted Debt” and (y) the Floating Rate Notes, the PIK Toggle Notes and any Additional Secured Debt, which shall be treated as incurred pursuant to clause (2) of the definition of “Permitted Debt”), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.0610.05. In addition, Debt may be incurred in reliance in part on one clause in the definition of “Permitted Debt” (or Section 10.05(a)) and in part in reliance on another clause in the definition of “Permitted Debt” (or Section 10.05(a)). Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional DebtDebt (including PIK Interest), in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.05; PROVIDED provided, that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in For purposes of determining compliance with any U.S. or Canadian dollar-denominated restriction on the incurrence of Debt, the respective U.S. dollar-equivalent or Canadian dollar dollar-equivalent principal amount of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a foreign currency other than Canadian dollars resulting from fluctuations shall be calculated based on the relevant currency exchange rate in effect on the date such Debt was incurred, in the case of term Debt, or first committed, in the case of revolving credit Debt; provided, that if such Debt is incurred to refinance other Debt denominated in a foreign currency, and such refinancing would cause the applicable U.S. dollar-denominated restriction or Canadian-dollar denominated restriction, as applicable, to be exceeded if calculated at the relevant currency exchange values rate in effect on the date of currencies such refinancing, such dollar-denominated restriction shall not be deemed not to be an have been exceeded so long as the principal amount of such Refinancing Debt does not exceed the principal amount of such Debt being refinanced. Any incurrence of Debt for purposes of which complied with this Section 4.06; PROVIDED that Indenture at the time incurred shall be deemed not to violate this Indenture if the amount of Debt incurred later changes as a result of currency fluctuation. (c) This Indenture shall not treat (1) unsecured Debt as subordinated or junior to secured Debt merely because it is unsecured or (2) senior Debt as subordinated or junior to any other senior Debt merely because it has a junior priority with respect to the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such timesame collateral.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except (i) Permitted Debt and except that, if (ii) provided that no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary Guarantor may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 11.0. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 11.0, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.05, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii20) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.05 (other than (x) debt outstanding under the Credit Facilities on the date on which the PIK Toggle Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of "Permitted Debt" and (y) the Floating Rate Notes, the PIK Toggle Notes and any Additional Secured Debt, which shall be treated as incurred pursuant to clause (2) of the definition of "Permitted Debt"), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.0610.05. In addition, Debt may be incurred in reliance in part on one clause in the definition of "Permitted Debt" (or Section 10.05(a)) and in part in reliance on another clause in the definition of "Permitted Debt" (or Section 10.05(a)). Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional DebtDebt (including PIK Interest), in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.05; PROVIDED provided, that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in For purposes of determining compliance with any U.S. or Canadian dollar-denominated restriction on the incurrence of Debt, the respective U.S. dollar-equivalent or Canadian dollar dollar-equivalent principal amount of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a foreign currency other than Canadian dollars resulting from fluctuations shall be calculated based on the relevant currency exchange rate in effect on the date such Debt was incurred, in the case of term Debt, or first committed, in the case of revolving credit Debt; provided, that if such Debt is incurred to refinance other Debt denominated in a foreign currency, and such refinancing would cause the applicable U.S. dollar-denominated restriction or Canadian-dollar denominated restriction, as applicable, to be exceeded if calculated at the relevant currency exchange values rate in effect on the date of currencies such refinancing, such dollar-denominated restriction shall not be deemed not to be an have been exceeded so long as the principal amount of such Refinancing Debt does not exceed the principal amount of such Debt being refinanced. Any incurrence of Debt for purposes of which complied with this Section 4.06; PROVIDED that Indenture at the time incurred shall be deemed not to violate this Indenture if the amount of Debt incurred later changes as a result of currency fluctuation. (c) This Indenture shall not treat (1) unsecured Debt as subordinated or junior to secured Debt merely because it is unsecured or (2) senior Debt as subordinated or junior to any other senior Debt merely because it has a junior priority with respect to the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such timesame collateral.

Limitation on Additional Debt. (a) The Company shall not, and shall not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, incur (as defined) any Debt (including, without limitation, any Acquired Debt), except Permitted Debt and except that, if no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the incurrence of such Debt, the Company or any Restricted Subsidiary may incur Debt (including any Acquired Debt) if the Company's Consolidated Fixed Charge Coverage Ratio is at least 2.0 to 1. Even if the Company's Consolidated Fixed Charge Coverage Ratio is less than 2.0 to 1, the Company and its Restricted Subsidiaries may incur Permitted Debt. . (b) For purposes of determining compliance with this Section 4.0610.06, in the event that an item of Debt meets the criteria of more than one of the categories of Permitted Debt described in clauses (i1) through (xii14) of the definition thereof or is entitled to be incurred pursuant to the first paragraph of this Section 4.0610.06 (other than debt outstanding under the Credit Facilities on the date on which the Notes are first issued under this Indenture, which shall be treated as incurred pursuant to clause (1) of the definition of Permitted Debt), the Company shall classify (and subsequently may reclassify one or more times) such Debt in its sole discretion, and such item of Debt will will, upon such classification or reclassification, as the case may be, be treated as having been incurred pursuant to only one of such clauses or pursuant to the first paragraph of this Section 4.0610.06. Accrual of interest, the accretion of accreted value and the payment of interest in the form of additional Debt, in each case in accordance with the terms of the underlying Debt at its time of incurrence by the Company or a Restricted Subsidiary, as the case may be, will not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.06; PROVIDED provided that the underlying Debt is incurred in accordance with the terms of this Indenture. Any increase in the Canadian dollar equivalent of outstanding Debt of the Company or any of its Restricted Subsidiaries denominated in a currency other than Canadian dollars resulting from fluctuations in the exchange values of currencies shall not be deemed to be an incurrence of Debt for purposes of this Section 4.0610.06; PROVIDED provided that the amount of Debt of the Company outstanding at any time shall be the Canadian dollar equivalent of all such Debt of the Company outstanding at such time.