Limitation on Management Fees. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, make any payment in respect of Management Fees (including Deferred Management Fees but excluding Management Fees treated as Restricted Payments in compliance with Section 1010) unless, immediately before and after giving effect thereto:
Limitation on Management Fees. Notwithstanding anything in this Indenture to the contrary, the Company will not, and will not permit any of its Restricted Subsidiaries to, pay management fees to AP Holdings, Inc., Steamboat Holdings, Inc. and their affiliates and successor entities, except that:
Limitation on Management Fees. The Issuer will not, and will not permit any of its Restricted Subsidiaries to, pay any management fees in any month to the extent such fees would exceed the greater of (i) $1,991,666 and (ii) 4% of the Issuer's consolidated net revenues for such month; provided that the Issuer may pay management fees in excess of such amount (including accrued fees) to the extent that (A) both before and after giving effect to the proposed payment (x) no Default or Event of Default shall have occurred and be continuing and (y) the Issuer's Fixed Charge Coverage Ratio for the four full fiscal quarters immediately preceding such event, taken as one period and calculated on the assumption that (I) any Indebtedness Incurred or repaid after the first day of such four-quarter period and on or prior to the date of such payment (other than Indebtedness Incurred or repaid under a revolving credit or similar arrangement to the extent of the commitment thereunder (or under any predecessor revolving credit or similar arrangement) in effect on the last day of such four quarter period unless any portion of such Indebtedness is projected, in the reasonable judgment of the senior management of the Issuer, to remain outstanding for a period in excess of 12 months from the date of the Incurrence thereof), had been Incurred or repaid on the first day of such four-quarter period, (II) any acquisition or disposition by the Issuer and its Restricted Subsidiaries out of the ordinary course of business of any assets constituting a company, division, line of business or business facility, in each case after the first day of such four-quarter period, and on or prior to the date of such payment, had been consummated on the first day of such four-quarter period (including giving pro forma effect to the application of the proceeds of any such disposition) and (III) the proposed management fees were paid during such period, would have been at least equal to 2:00:1.00; and (B) the aggregate amount of management fees paid with respect to any month do not exceed 6% of the Issuer's consolidated net revenues for such month. To the extent the Issuer is prohibited from paying any management fees as a result of clause (y) of the proviso to the preceding sentence, the Issuer may accrue such fees until they may be paid in accordance with this Section 4.13 provided the payment of such accrued fees is subordinated in right of payment to the prior payment in full in cash or Cash Equivalents of all of the Issuer's ...
Limitation on Management Fees. The Borrowers and the Guarantors will not permit members of the Consolidated Group to pay management or consulting fees (exclusive of investment banking fees payable in connection with capital raising, debt placement, or other financial transactions permitted under Section 6.1(h)) to any Affiliates (including, without limitation, Morgan Schiff and its Affiliates) in an aggregate amount in excess of $0,000,000 xuring any Fiscal Year of Friedman's.
Limitation on Management Fees. Neither the Borrower nor any Subsidiary shall pay any management, administrative or other similar fees to any Affiliate other than any such fees paid by any Subsidiary either to the Borrower or to any Domestic Subsidiary.
Limitation on Management Fees. The Borrower shall not pay to any Affiliate any management fee or similar fee.
Limitation on Management Fees. 47 7.12 BORROWER LEVERAGE RATIO..............................................................................47 7.13
Limitation on Management Fees. Borrower shall not, and shall not suffer or permit any of its Restricted Subsidiaries to, create, incur, assume, suffer to exist, or otherwise become or remain directly or indirectly liable with respect to, any management fees, except that Borrower may pay and accrue management fees to Cinemark USA in an aggregate amount not exceeding 5% of Borrower's and its Restricted Subsidiaries' total revenues provided, that such management fees are subordinated on terms and conditions substantially the same as Intercompany Subordinated Indebtedness and no Default or Event of Default exists or would result from such payment and such management fees may be paid only if no Default or Event of Default exists or would result therefrom.
Limitation on Management Fees. During the term of this Loan and any Extension, the management fees due each Management Company under and pursuant to each Management Agreement shall not exceed six percent (6%) of the Gross Revenue for each Project; provided, however, that upon an Event of Default that is continuing past any applicable cure periods, such management fees shall not exceed two percent (2%) of such Gross Revenue.
Limitation on Management Fees. The Borrower and the Crescent Guarantors will not permit members of the Crescent Consolidated Group to pay management or consulting fees (exclusive of investment banking fees payable in connection with capital raising, debt placement or other financial transactions which are dealt with under Section 7.1(h) hereof) to any Affiliates (including, without limitation, Xxxxxx Xxxxxx and its Affiliates) in an aggregate amount in excess of $500,000 during any fiscal year.
