Common use of Limitation on Consolidated Debt Clause in Contracts

Limitation on Consolidated Debt. The Guarantor may not, and may not permit any Restricted Subsidiary of the Guarantor to, Incur any Debt (other than the Securities and the Securities Guarantee) unless the ratio of (i) the aggregate consolidated principal amount of Debt (which is defined to include the accreted value of any Debt issued at a discount) of the Guarantor outstanding as of the most recent available quarterly or annual balance sheet, after giving pro forma effect to the Incurrence of such Debt and any other Debt Incurred since such balance sheet date and the receipt and application of the proceeds thereof, to (ii) four (4) times the Consolidated Cash Flow Available for Fixed Charges for the most recent fiscal quarter next preceding the Incurrence of such Debt for which consolidated financial statements are available, determined on a pro forma basis as if any such Debt had been Incurred and the proceeds thereof had been applied at the beginning of such recent fiscal quarter, would be less than 7.0 to 1.0 for such period. Notwithstanding the foregoing limitation, the Guarantor and any Restricted Subsidiary may Incur the following:

Limitation on Consolidated Debt. The Guarantor may not, and may not permit any Restricted Subsidiary of the Guarantor to, Incur any Debt (other than the Non-Discount Securities and the related guarantee by the Guarantor, and the Securities and the Securities Guarantee) unless the ratio of (i) the aggregate consolidated principal amount of Debt (which is defined to include the accreted value of any Debt issued at a discount) of the Guarantor outstanding as of the most recent available quarterly or annual balance sheet, after giving pro forma effect to the Incurrence of such Debt and any other Debt Incurred since such balance sheet date and the receipt and application of the proceeds thereof, to (ii) four (4) times the Consolidated Cash Flow Available for Fixed Charges for the most recent fiscal quarter next preceding the Incurrence of such Debt for which consolidated financial statements are available, determined on a pro forma basis as if any such Debt had been Incurred and the proceeds thereof had been applied at the beginning of such recent fiscal quarter, would be less than 7.0 to 1.0 for such period. Notwithstanding the foregoing limitation, the Guarantor and any Restricted Subsidiary may Incur the following: