Common use of Limitations on Incurrence of Debt Clause in Contracts

Limitations on Incurrence of Debt. The Company will not, and will not permit any Subsidiary to, incur any Debt, other than Intercompany Debt, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds thereof, the aggregate principal amount of all outstanding Debt of the Company and its Subsidiaries on a consolidated basis determined in accordance with GAAP would be greater than 60% of the sum of (i) the Company's Adjusted Total Assets as of the end of the most recent fiscal quarter prior to the incurrence of such additional Debt, plus (ii) the increase in the Company's Adjusted Total Assets since the end of such quarter (including any increase resulting from the incurrence of additional Debt).

Limitations on Incurrence of Debt. The Company will not, and will not permit any Subsidiary to, incur any Debt, other than Intercompany Debt, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds thereof, the aggregate principal amount of all outstanding Debt of the Company and its Subsidiaries on a consolidated basis determined in accordance with GAAP would be greater than 60% of the sum of (i) the Company's ’s Adjusted Total Assets as of the end of the most recent fiscal quarter prior to the incurrence of such additional Debt, plus (ii) the increase in the Company's ’s Adjusted Total Assets since the end of such quarter (including any increase resulting from the incurrence of additional Debt).