Limitation on Financial Indebtedness. The Private Party shall not incur, assume or permit to exist any indebtedness, including guarantees issued to third parties and the creation of charges, pledges or other encumbrances over its assets, otherwise than in accordance with the Associated Agreements or in the ordinary course of business in furtherance of the Project or by operation of law, without the prior written consent of SANParks.
Limitation on Financial Indebtedness. The Borrower will not incur any Financial Indebtedness other than Financial Indebtedness:
Limitation on Financial Indebtedness. 9.5.1 The Terminal Operator shall not incur, assume or permit to exist any indebtedness including guarantees issued to third parties, the creation of charges, pledges or other encumbrances over its assets and or shares and, in general, any claims and rights otherwise than:
Limitation on Financial Indebtedness. The Company shall ensure that no member of the Restricted Group will incur or allow to remain outstanding any Financial Indebtedness other than to another member of the Restricted Group or Financial Indebtedness incurred in connection with:
Limitation on Financial Indebtedness. 9.5.1 The Facility Operator shall not incur, assume or permit to exist any indebtedness including guarantees issued to third parties, the creation of charges, pledges or other encumbrances over its assets and or shares and, in general, any claims and rights otherwise than:
Limitation on Financial Indebtedness. (a) The Relevant Company shall not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Financial Indebtedness (including Acquired Debt), and the Relevant Company will not issue any Disqualified Share Capital; provided, however, that if no Default or Event of Default will have occurred and be continuing at the time of or as a consequence of the Incurrence of any such Financial Indebtedness or the issuance of any such Disqualified Share Capital (or if such Event of Default does exist, such Event of Default is cured concurrently with such Incurrence or issuance, as the case may be), (i) the Relevant Company and any of its Restricted Subsidiaries may incur Financial Indebtedness or issue Disqualified Share Capital, and (ii) any Subsidiary Guarantor, other than Swebus Busco AB, may incur Financial Indebtedness if such Financial Indebtedness is (a) Financial Indebtedness represented by a Revolving Credit Facility, (b) Financial Indebtedness represented by Capital Lease Obligations, (c) Financial Indebtedness represented by purchase money obligations or (d) Acquired Debt, in the case of both of (i) and (ii) if the Fixed Charge Coverage Ratio for the Relevant Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Financial Indebtedness is Incurred or such Disqualified Share Capital is issued would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Financial Indebtedness had been incurred, or the Disqualified Share Capital had been issued, as the case may be, at the beginning of such four-quarter period. In computing the Fixed Charge Coverage Ratio for the purpose of this Clause (a), the Relevant Company shall use audited financial statements for the portions of the relevant period for which audited financial statements are available on the date of determination and unaudited financial statements based on the books and records of the Relevant Company for the remaining portion of such period. The Relevant Company will be permitted to rely in good faith on the financial and other data derived from its books and records that are available on the date of determination in preparing such unaudited financial statements. If the Relevant Company or its Restricted Subsidiaries incurs Financial Indebtedness that, at the time of...
Limitation on Financial Indebtedness. 2.1 Create, incur, assume or suffer to exist (or permit any other Obligor to create, incur, assume or suffer to exist) any Financial Indebtedness, except:
Limitation on Financial Indebtedness. The Concessionaire shall not incur, assume or permit to exist any indebtedness including guarantees issued to third parties and the creation of charges, pledges or other encumbrances over its assets, otherwise than in accordance with the Associated Agreements or in the ordinary course of business in furtherance of the Project, without the prior written consent of the Implementing Authority.
