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 of its Restricted Subsidiaries to create, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt), and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Disqualified Stock or Preferred Stock; provided, however, that the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Subsidiary Guarantors may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or Preferred Stock, if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such Preferred Stock is issued, as the case may be, would have been at least 2.25 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the Preferred Stock had been issued, as the case may be, at the beginning of such four-quarter period.

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to createto, directly or indirectly, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt)Indebtedness, and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Disqualified Stock or Preferred Stock; provided, however, that the Company or a Restricted Subsidiary of the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified StockIndebtedness, and the Subsidiary Guarantors Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or and any Restricted Subsidiary of the Company may issue Preferred StockStock if, if on the Fixed Charge date of such incurrence and after giving effect thereto, the Consolidated Coverage Ratio for equals or exceeds 2.0 to 1.0; provided, further, that the amount of Indebtedness that may be incurred and the Preferred Stock that may be issued pursuant to the foregoing by Restricted Subsidiaries that are not Subsidiary Guarantors shall not exceed at any one time outstanding the greater of (a) $200.0 million and (b) 2.0% of the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately ACNTA. The limitation described in the preceding paragraph shall not prohibit the date on which such additional incurrence of the following Indebtedness is incurred by the Company or such any of its Restricted Subsidiaries or the issuance of Disqualified Stock by the Company or such Preferred Stock is issued, as the case may be, would have been at least 2.25 to 1.0, determined on a pro forma basis (including a pro forma application by any Restricted Subsidiary of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the Preferred Stock had been issued, as the case may be, at the beginning of such four-quarter period.Company (“Permitted Debt”):

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to createto, directly or indirectly, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt)Indebtedness, and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Disqualified Stock or Preferred Stock; provided, however, that the Company or a Restricted Subsidiary of the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified StockIndebtedness, and the Subsidiary Guarantors Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or and any Restricted Subsidiary of the Company may issue Preferred StockStock if, if on the Fixed Charge date of such incurrence and after giving effect thereto, the Consolidated Coverage Ratio for equals or exceeds 2.0 to 1.0; provided, further, that the amount of Indebtedness that may be incurred and the Preferred Stock that may be issued pursuant to the foregoing by Restricted Subsidiaries that are not Guarantors shall not exceed at any one time outstanding the greater of (a) $200.0 million and (b) 2.0% of the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately ACNTA. The limitation described in the preceding paragraph shall not prohibit the date on which such additional incurrence of the following Indebtedness is incurred by the Company or such any of its Restricted Subsidiaries or the issuance of Disqualified Stock by the Company or such Preferred Stock is issued, as the case may be, would have been at least 2.25 to 1.0, determined on a pro forma basis (including a pro forma application by any Restricted Subsidiary of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the Preferred Stock had been issued, as the case may be, at the beginning of such four-quarter period.Company (“Permitted Debt”):

Limitation on Indebtedness and Preferred Stock. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to createto, directly or indirectly, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt)Indebtedness, and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Disqualified Stock or Preferred Stock; provided, however, that the Company or a Restricted Subsidiary of the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified StockIndebtedness, and the Subsidiary Guarantors Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock and any Restricted Subsidiary of the Company may issue Preferred Stock if, on the date of such incurrence and after giving effect thereto, the Consolidated Coverage Ratio equals or exceeds 2.0 to 1.0. The limitation described in the preceding paragraph shall not prohibit the incurrence of the following Indebtedness by the Company or any of its Restricted Subsidiaries or the issuance of Disqualified Stock by the Company or Preferred Stock, if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such Preferred Stock is issued, as the case may be, would have been at least 2.25 to 1.0, determined on a pro forma basis (including a pro forma application by any Restricted Subsidiary of the net proceeds therefrom), as if the additional Indebtedness had been incurred or the Disqualified Stock or the Preferred Stock had been issued, as the case may be, at the beginning of such four-quarter period.Company (“Permitted Debt”):

Limitation on Indebtedness and Preferred Stock. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to create, incur, issue, assume, Guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “incur”) any Indebtedness (including Acquired Debt), and the Company will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Disqualified Stock or Preferred Stock; provided, however, that the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock, and the Subsidiary Guarantors Company’s Restricted Subsidiaries may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or Preferred Stock, if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock or such Preferred Stock is issued, as the case may be, would have been at least 2.25 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 Indebtedness had been incurred or the Disqualified Stock or the Preferred Stock had been issued, as the case may be, at the beginning of such four-quarter period.

Limitation on Indebtedness and Preferred Stock. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to directly or indirectly, create, incur, issue, assume, Guarantee guarantee or otherwise in any manner become directly or indirectly liable, contingently or otherwise, with respect to for the payment of (collectively, “collectively "incur”") any Indebtedness (including any Acquired DebtIndebtedness), other than Permitted Indebtedness, and the Company will not issue any Disqualified Stock and will shall not permit any of its Restricted Subsidiaries to issue any Disqualified Stock preferred stock (other than to the Company, any Guarantor or Preferred Stock; the immediate parent of any Restricted Subsidiary), provided, however, that the Company may incur Indebtedness (including any Acquired DebtIndebtedness) or in addition to Permitted Indebtedness and Restricted Subsidiaries may issue Disqualified Stockpreferred stock, and if: (x) the Subsidiary Guarantors may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or Preferred Stock, if the Company's Consolidated Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal interim financial statements are available immediately preceding the date on which incurrence of such additional Indebtedness is incurred or the issuance of such Disqualified Stock preferred stock, taken as one period (and after giving pro forma effect to: (i) the incurrence of such Indebtedness or the issuance of such Preferred Stock is issuedpreferred stock, as the case may be, would have been at least 2.25 to 1.0, determined on a pro forma basis and (including a pro forma if applicable) the application of the net proceeds therefrom), including to refinance other Indebtedness, as if the additional such Indebtedness had been was incurred or such preferred stock was issued and the Disqualified Stock or the Preferred Stock had been issued, as the case may be, application of such proceeds occurred at the beginning of such four-quarter period; (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period; and (iii) notwithstanding clause (d) of the definition of Consolidated Adjusted Net Income, the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity, business or division, or assets constituting any of the foregoing, acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period), would have been at least equal to 2.25 to 1.0, and (y) if such Indebtedness is Subordinated Indebtedness, such Indebtedness shall have an Average Life longer than the Average Life of the Securities and a final Stated Maturity of principal later than the final Stated Maturity of principal of the Securities.