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

Limitation on Indebtedness and Preferred Stock. (a) The Company will not, and will not permit any Restricted Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness) and the Company will not permit any Restricted Subsidiary to issue any Preferred Stock; provided that the Company, any Subsidiary Guarantor or any JV Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) and any Non-Guarantor Subsidiary may Incur Permitted Subsidiary Indebtedness if, after giving effect to the Incurrence of such Indebtedness and the receipt and application of the proceeds therefrom, (x) no Default has occurred and is continuing and (y) the Fixed Charge Coverage Ratio would be not less than 2.75 to 1.0. Notwithstanding the foregoing, the Company will not permit any Restricted Subsidiary to Incur any Disqualified Stock (other than Disqualified Stock held by the Company or a Subsidiary Guarantor, so long as it is so held).

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any Restricted Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness) ), and the Company will shall not permit any Restricted Subsidiary to issue any Preferred Stock; , provided that the Company, any Subsidiary Guarantor or any JV Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) and any Non-Guarantor Subsidiary may Incur Permitted Subsidiary Indebtedness if, after giving effect to the Incurrence of such Indebtedness and the receipt and application of the proceeds therefrom, (x) no Default has occurred and is continuing and (y) the Fixed Charge Coverage Ratio would not be not less than 2.75 2.0 to 1.0. Notwithstanding the foregoing, the Company will shall not permit any Restricted Subsidiary to Incur any Disqualified Stock (other than Disqualified Stock of Restricted Subsidiaries held by the Company or a Subsidiary Guarantor, so long as it is so held).

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any Restricted Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness) ), and the Company will shall not permit any Restricted Subsidiary to issue any Preferred Stock; , provided that the Company, Company and any Subsidiary Guarantor or any JV Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) and any Restricted Subsidiary that is a Non-Guarantor Subsidiary may Incur Permitted Subsidiary Indebtedness if, after giving effect to the Incurrence of such Indebtedness and the receipt and application of the proceeds therefrom, (x) no Default has occurred and is continuing and (y) the Fixed Charge Coverage Ratio would not be not less than 2.75 3.0 to 1.0. Notwithstanding the foregoing, the Company will shall not permit any Restricted Subsidiary to Incur any Disqualified Stock (other than Disqualified Stock of Restricted Subsidiaries held by the Company or a Subsidiary Guarantor, so long as it is so held).

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any Restricted Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness) ), and the Company will shall not permit any Restricted Subsidiary to issue any Preferred Stock; , provided that the Company, any Subsidiary Guarantor or any JV Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) and any Non-Guarantor Subsidiary may Incur Permitted Subsidiary Indebtedness if, after giving effect to the Incurrence of such Indebtedness and the receipt and application of the proceeds therefrom, (x) no Default has occurred and is continuing and (y) the Fixed Charge Coverage Ratio would not be not less than 2.75 2.50 to 1.0. Notwithstanding the foregoing, the Company will shall not permit any Restricted Subsidiary to Incur any Disqualified Stock (other than Disqualified Stock of Restricted Subsidiaries held by the Company or a Subsidiary Guarantor, so long as it is so held).

Limitation on Indebtedness and Preferred Stock. (a) The Company will not, and will not cause or permit any of its Restricted Subsidiary Subsidiaries to, directly or indirectly, Incur any Indebtedness (Indebtedness, including Acquired Indebtedness) and the Company will not , or permit any Restricted Subsidiary to issue any Incur Preferred Stock; provided , except that the Company, any Company and the Subsidiary Guarantor or any JV Subsidiary Guarantor Guarantors may Incur Indebtedness (Indebtedness, including Acquired Indebtedness) , and any Non-Guarantor Restricted Subsidiaries that are not Subsidiary Guarantors may Incur incur Permitted Subsidiary Indebtedness Indebtedness, if, at the time of and immediately after giving pro forma effect to the Incurrence of such Indebtedness thereof and the receipt and application of the proceeds therefrom, (xi) no Default or Event of Default has occurred and is continuing and (yii) the Consolidated Fixed Charge Coverage Ratio of the Company would not be not less than 2.75 2.5 to 1.0. Notwithstanding the foregoing, the Company will not permit any Restricted Subsidiary to Incur any Disqualified Capital Stock (other than Disqualified Capital Stock held by the Company or a Subsidiary Guarantor, so long as it is so held)...