Common use of Limitation on Indebtedness and Preferred Stock of Restricted Subsidiaries Clause in Contracts

Limitation on Indebtedness and Preferred Stock of Restricted Subsidiaries. (a) The Issuer shall not permit any Restricted Subsidiary to Incur, directly or indirectly, any Indebtedness or Preferred Stock unless, on the date of such Incurrence and after giving effect to such Incurrence and the application of the net proceeds therefrom, the Indebtedness to Adjusted EBITDA Ratio of the Issuer would be equal to or less than 7.00:1. Accrual of interest, accretion or amortization of original issue discount and the payment of interest in the form of additional Indebtedness will not be deemed to be an Incurrence of Indebtedness for purposes of this covenant.

Limitation on Indebtedness and Preferred Stock of Restricted Subsidiaries. (a) The Issuer shall not permit any Restricted Subsidiary to Incur, directly or indirectly, any Indebtedness or Preferred Stock unless, on the date of such Incurrence and after giving effect to such Incurrence and the application of the net proceeds therefrom, the Indebtedness to Adjusted EBITDA Ratio of the Issuer would be equal to or less than 7.00:1. Accrual of interest, accretion or amortization of original issue discount and the payment of interest in the form of additional Indebtedness will not be deemed to be an Incurrence of Indebtedness for purposes of this covenant.. 35 31

Limitation on Indebtedness and Preferred Stock of Restricted Subsidiaries. (a) The Issuer shall not permit any Restricted Subsidiary to Incur, directly or indirectly, any Indebtedness or Preferred Stock unless, on the date of such Incurrence and after giving effect to such Incurrence and the application of the net proceeds therefrom, the Indebtedness to Adjusted EBITDA Ratio of the Issuer would be equal to or less than 7.00:1. Accrual of interest, accretion or amortization of original issue discount and the payment of interest in the form of additional Indebtedness will not be deemed to be an Incurrence of Indebtedness for purposes of this covenant.

Limitation on Indebtedness and Preferred Stock of Restricted Subsidiaries. (a) The Issuer shall not permit any Restricted Subsidiary to Incur, directly or indirectly, any Indebtedness or Preferred Stock unless, on the date of such Incurrence and after giving effect to such Incurrence and the application of the net proceeds therefrom, the Indebtedness to Adjusted EBITDA Ratio of the Issuer would be equal to or less than 7.00:1. Accrual of interest, accretion or amortization of original issue discount and the payment of interest in the form of additional Indebtedness will not be deemed to be an Incurrence incurrence of Indebtedness for purposes of this covenant.