Common use of Limitation on Debt Clause in Contracts

Limitation on Debt. (a) The Parent Guarantor shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incur” or, as appropriate, an “Incurrence”), any Debt (including any Acquired Debt); provided that the Parent Guarantor, each Issuer and any Restricted Subsidiary shall be permitted to Incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence and after giving effect to the Incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence of such Debt, taken as one period, would be greater than 2.0 to 1.0.

Appears in 8 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Finance Holdings S.A.)

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Limitation on Debt. (a) The Parent Guarantor shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incurincur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incurincur” or, as appropriate, an “Incurrenceincurrence”), any Debt (including any Acquired Debt); provided that the Parent Guarantor, each Issuer and any Restricted Subsidiary shall be permitted to Incur incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence incurrence and after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence incurrence of such Debt, taken as one period, would be greater than 2.0 to 1.0.

Appears in 2 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)

Limitation on Debt. (a) The a)The Parent Guarantor shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incurincur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incurincur” or, as appropriate, an “Incurrenceincurrence”), any Debt (including any Acquired Debt); provided that the Parent Guarantor, each Issuer and any Restricted Subsidiary shall be permitted to Incur incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence incurrence and after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence incurrence of such Debt, taken as one period, would be greater than 2.0 to 1.0.

Appears in 2 contracts

Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)

Limitation on Debt. (a) The a)The Parent Guarantor shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incurincur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incurincur” or, as appropriate, an “Incurrenceincurrence”), any Debt (including any Acquired Debt); provided that the ​ ​ Parent Guarantor, each Issuer and any Restricted Subsidiary shall be permitted to Incur incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence incurrence and after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence incurrence of such Debt, taken as one period, would be greater than 2.0 to 1.0.

Appears in 1 contract

Samples: Indenture (Ardagh Group S.A.)

Limitation on Debt. (a) The Parent Guarantor Issuer shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incurincur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incurincur” or, as appropriate, an “Incurrenceincurrence”), any Debt (including any Acquired Debt); provided that the Parent Guarantor, each Issuer and any Restricted Subsidiary shall Guarantor (including a Person that becomes a Subsidiary Guarantor upon the incurrence of such Debt) will be permitted to Incur incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence incurrence and after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Leverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence of such Debt, taken as one period, Issuer and its Restricted Subsidiaries would be greater less than 2.0 5.0 to 1.0; provided, further, that Subsidiary Guarantors may not incur Public Debt other than a guarantee of Public Debt of the Issuer.

Appears in 1 contract

Samples: Indenture (Hungarian Telephone & Cable Corp)

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Limitation on Debt. (a) The Parent Guarantor shall not, and shall not permit any Restricted Subsidiary to, create, issue, Incur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incur” or, as appropriate, an “Incurrence”), any Debt (including any Acquired Debt); provided that the Parent Guarantor, each Issuer the Borrowers and any Restricted Subsidiary shall be permitted to Incur Debt (including Acquired Debt) if in each case (i) after giving effect to the Incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (ii) at the time of such Incurrence and after giving effect to the Incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence of such Debt, taken as one period, would be greater than 2.0 to 1.0.

Appears in 1 contract

Samples: Credit Agreement (Ardagh Finance Holdings S.A.)

Limitation on Debt. (a) The Parent Guarantor Issuer shall not, and shall not permit any Restricted Subsidiary of the Issuer to, create, issue, Incurincur, assume, guarantee or in any manner become directly or indirectly liable with respect to or otherwise become responsible for, contingently or otherwise, the payment of (individually and collectively, to “Incurincur” or, as appropriate, an “Incurrenceincurrence”), any Debt (including any Acquired Debt); provided provided, however, that the Parent Guarantor, each Issuer Company and any Restricted Subsidiary shall of the Company (including a Person that becomes a Restricted Subsidiary of the Company upon the incurrence of such Debt) will be permitted to Incur incur Debt (including Acquired Debt) if in each case (ia) after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, no Default or Event of Default would occur or be continuing and (iib) at the time of such Incurrence incurrence and after giving effect to the Incurrence incurrence of such Debt and the application of the proceeds thereof, on a pro forma basis, the Consolidated Fixed Charge Coverage Leverage Ratio for the four full fiscal quarters for which financial statements are available immediately preceding the Incurrence of such Debt, taken as one period, Issuer and its Restricted Subsidiaries would be greater less than 2.0 5.25 to 1.01.00.

Appears in 1 contract

Samples: Indenture (Hungarian Telephone & Cable Corp)

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