Maintenance of Financial Conditions Sample Clauses

Maintenance of Financial Conditions. (a) The Company will not at any time prior to the last day of the fiscal year ending on or about December 31, 1995 permit Consolidated Net Worth to be less than $115,000,000 and thereafter the Company will not at any time permit Consolidated Net Worth to be less than the sum of (i) $115,000,000 plus (ii) 75% of Consolidated Net Income for each fiscal year ending after the date of the Closing (but without any deduction for any consolidated net loss in any fiscal year) plus (iii) 100% of the net cash proceeds of all sales of equity securities by the Company after the date of the Closing. (b) The Company will not permit the sum of EBITDA plus Consolidated Operating Lease Rentals for the periods of two and three consecutive quarterly accounting periods respectively ending on or about June 30 and September 30, 1995 to be less than 150% of Consolidated Interest Expense plus Consolidated Operating Lease Rentals for such periods, and thereafter the Company will not permit the sum of EBITDA plus Consolidated Operating Lease Rentals for any period of four consecutive quarterly accounting periods to be less than the applicable percentage of the sum of Consolidated Interest Expense plus Consolidated Operating Lease Rentals for such period specified below: Four Quarterly Accounting Periods Applicable Ending on or About Percentage ------------------ ----------- June 30, 1995 to September 30, 1996 150% thereafter to September 30, 1997 175% thereafter 200% (c) The Company will not permit Consolidated Indebtedness as of the last of any quarterly accounting period (commencing with such accounting period ending on or about June 30, 1995) to exceed 175% of EBITDA for the four consecutive quarterly accounting periods then ended.
Sample 1
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Maintenance of Financial Conditions. The Company will not (i) permit the Consolidated Interest Coverage Ratio for each period of four consecutive fiscal quarters of the Company ending on or after June 30, 2004 to be less than 3.00 to 1.00, or (ii) permit the Consolidated Leverage Ratio at any time during each period of four consecutive fiscal quarters of the Company set forth below to be greater than the ratio set forth below opposite such period: June 30, 2004 through December 31, 2004 4.75:1 March 31, 2005 and each fiscal quarter thereafter 4.50:1 provided, however, the Consolidated Leverage Ratio may, at the Company’s option (which may be exercised only once while the Notes are outstanding by giving prior written notice thereof to the holders of the Notes) and subject to the payment of Additional Interest during each Additional Interest Period, exceed 4.50 to 1.00 for a single period of up to one year beginning with the fiscal quarter end date immediately following any Acquisition, provided that such ratio does not exceed 5.00 to 1.00 during such period.
Sample 1
Maintenance of Financial Conditions. The Company will not permit (a) the ratio of Consolidated Net Debt on the last day of any Relevant Period to Consolidated EBITDA for the Relevant Period then ended (beginning with the Relevant Period ending January 28, 2006) to exceed 3.00 to 1.00; (b) the ratio of EBITARR for any Relevant Period (beginning with the Relevant Period ending January 28, 2006) to the sum of Consolidated Net Interest Expenditure, Rents, Rates and Operating Lease Expenditure for such Relevant Period to be less than 1.40 to 1.00; or (c) Consolidated Tangible Net Worth at any time to be less than £400,000,000.
Sample 1
Maintenance of Financial Conditions. The Company will not permit: (a) the ratio of Consolidated Total Debt on the last day of any Relevant Period to Consolidated EBITDA in respect of such Relevant Period to equal or exceed 3.00 to 1.00; and (b) the ratio of Consolidated EBITDA to Consolidated Interest Expense in respect of any Relevant Period to be less than or equal to 4.00 to 1.
Sample 1
Maintenance of Financial Conditions. The Company will not (a) permit the ratio of EBIT in respect of any period of two consecutive Fiscal Half-Years (beginning with the period of two Fiscal Half-Years ending on June 30, 2001) to Consolidated Net Interest Expenditure in respect of such period to be less than 4.0 to 1.0, (b) permit Consolidated Gross Borrowings at any time to exceed 300% of Adjusted EBITDA for the immediately preceding two Fiscal Half-Years for which financial information has been provided to holders pursuant to Section 7.1, or (c) permit Consolidated Net Worth at the end of any Fiscal Year, or any Fiscal Half-Year ending on June 30, to be less than L400,000,000.
Sample 1
Maintenance of Financial Conditions. The Company will not on any date permit: (a) Consolidated Cash Flow for the period of the four fiscal quarters ending on, or most recently ended prior to, such date to be less than 200% of Pro Forma Annual Consolidated Interest Expense as of such date; and (b) Consolidated Total Indebtedness as of such date to exceed 700% of Consolidated Cash Flow for the four fiscal quarters ending on, or most recently ended prior to, such date."
Sample 1
Maintenance of Financial Conditions. (a) The Company will not permit the ratio of Consolidated EBITDA to Consolidated Net Interest Expenditure for each period date set out in column A to be less than the corresponding ratio set out in column B: ------------------------------------------------- ---------------------- A B 12 month period ending Ratio ------------------------------------------------- ---------------------- March 31, 2002 2.50:1 ------------------------------------------------- ---------------------- June 30, 2002 1.75:1 ------------------------------------------------- ---------------------- September 30, 2002 2.50:1 ------------------------------------------------- ---------------------- December 31, 2002 2.50:1 ------------------------------------------------- ---------------------- March 31, 2003 2.75:1 ------------------------------------------------- ---------------------- June 30, 2003 3.00:1 ------------------------------------------------- ---------------------- September 30, 2003 3.25:1 ------------------------------------------------- ---------------------- December 31, 2003 3.75:1 ------------------------------------------------- ---------------------- March 31, 2004 4.00:1 ------------------------------------------------- ---------------------- June 30, 2004 4.50:1 ------------------------------------------------- ---------------------- September 30, 2004 5.00:1 -72- and each quarter date thereafter ------------------------------------------------- ---------------------- (b) the Company will not permit the ratio of Consolidated Gross Borrowings as at the end of, to Consolidated EBITDA in respect of, each period set out in column A to be greater than the ratio set out in column B: ------------------------------------------------- ----------------------- A B 12 month period ending Ratio ------------------------------------------------- ----------------------- March 31, 2002 5.75:1 ------------------------------------------------- ----------------------- June 30, 2002 8.50:1 ------------------------------------------------- ----------------------- September 30, 2002 4.75:1 ------------------------------------------------- ----------------------- December 31, 2002 4.75:1 ------------------------------------------------- ----------------------- March 31, 2003 4.25:1 ------------------------------------------------- ----------------------- June 30, 2003 3.75:1 ------------------------------------------------- ----------------------- September 30, 2003 3.75:1 --------------...
Sample 1
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Maintenance of Financial Conditions. The Company will not at any time permit (a) Consolidated Net Worth to be less than the sum of (i) $185,000,000 plus (ii) 50% of Consolidated Net Income for each fiscal year (beginning with the fiscal year ending on December 31, 1997) for which Consolidated Net Income is positive, (b) Consolidated Income Available for Fixed Charges for any period of four consecutive fiscal quarters (beginning with the four quarters ending on March 31, 1997) to be less than 200% of Consolidated Fixed Charges for such period, or (c) Consolidated Debt at any time to exceed 55% of Consolidated Capitalization.
Sample 1

Related to Maintenance of Financial Conditions

  • Investigation of Financial Condition Without in any manner reducing or otherwise mitigating the representations contained herein, Company shall have the opportunity to meet with Buyer's accountants and attorneys to discuss the financial condition of Buyer. Buyer shall make available to Company all books and records of Buyer.

  • Financial Conditions (a) The Recipient shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Recipient responsible for carrying out the Project or any part thereof. (b) The Recipient shall: (i) have the records and accounts referred to in paragraph (a) of this Section including those for the Special Account for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Bank; (ii) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such year, the report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (iii) furnish to the Bank such other information concerning said records and accounts and the audit thereof as the Bank shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the GEF Trust Fund Grant Account were made on the basis of statements of expenditure, the Recipient shall: (i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the Bank has received the audit report for the fiscal year in which the last withdrawal from the GEF Trust Fund Grant Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures; (iii) enable the Bank’s representatives to examine such records; and (iv) ensure that such records and accounts are included in the annual audit referred to in paragraph (b) of this Section and that the report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals.

  • Financial Condition (a) The unaudited pro forma consolidated balance sheet of Holdings and its consolidated Subsidiaries as at September 30, 2012 (the “Pro Forma Balance Sheet”), copies of which have heretofore been furnished to each Lender, has been prepared giving effect (as if such events had occurred on such date) to (i) the consummation of the Transactions, (ii) the Loans to be made on the Closing Date and the use of proceeds permitted under Section 8.15 thereof and (iii) the payment of fees and expenses on the Closing Date in connection with the foregoing. The Pro Forma Balance Sheet has been prepared based on the best information available to the Borrower as of the date of delivery thereof, and presents fairly in all material respects on a pro forma basis the estimated financial position of Holdings and its consolidated Subsidiaries as at September 30, 2012 assuming that the events specified in the preceding sentence had actually occurred at such date. (b) The audited consolidated balance sheets of the Borrower and its Subsidiaries as at December 31, 2011, and the related consolidated statements of income, stockholders’ equity and cash flows for the fiscal years ended on December 31, 2011, reported on by and accompanied by an unqualified report as to going concern or scope of audit from Ernst & Young, LLP, present fairly in all material respects the consolidated financial condition of the Borrower and its Restricted Subsidiaries as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). No Group Member has, as of the Closing Date after giving effect to the Transactions and excluding obligations under the Loan Documents, any material Guarantee Obligations, contingent liabilities, or any long term leases or unusual forward or long term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, which are required in conformity with GAAP to be disclosed therein and which are not reflected in the most recent financial statements referred to in this paragraph.

  • Financial Condition of Company Any Credit Extension may be made to Company or continued from time to time, and any Hedge Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Hedge Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

  • SPECIAL CONDITIONS A submitted appeal must;

  • Financial Condition of Borrower Any Credit Extensions may be made to Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.

  • Financial Condition of the Borrower The Loans may be made to the Borrower without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower at the time of such grant. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations.

  • Financial Condition; Financial Statements (a) The unaudited historical consolidated financial information of the Borrower as set forth in the Confidential Information Memorandum, and (b) the Historical Financial Statements, in each case present fairly in all material respects the consolidated financial position of the Borrower at the respective dates of said information, statements and results of operations for the respective periods covered thereby. The unaudited pro forma consolidated balance sheet of the Borrower and its Subsidiaries as at June 30, 2007 (including the notes thereto) (the “Pro Forma Balance Sheet”) and the unaudited pro forma consolidated statement of operations of the Borrower and its Subsidiaries for the 12-month period ending on such date (together with the Pro Forma Balance Sheet, the “Pro Forma Financial Statements”), copies of which have heretofore been furnished to the Administrative Agent, have been prepared based on (x) the Historical Financial Statements and (y) the unaudited historical consolidated financial information described in clause (a) of this Section 8.9 and have been prepared in good faith, based on assumptions believed by the Borrower to be reasonable as of the date of delivery thereof, and present fairly in all material respects on a Pro Forma Basis the estimated financial position of the Borrower and its Subsidiaries as at June 30, 2007 and their estimated results of operations for the period covered thereby. The financial statements referred to in clause (b) of this Section 8.9 have been prepared in accordance with GAAP consistently applied except to the extent provided in the notes to said financial statements. After the Original Closing Date, there has been no Material Adverse Effect.

  • Financial Condition Covenants The Borrower shall not:

  • Tenant’s Financial Condition Within ten (10) days after written request from Landlord, Tenant shall deliver to Landlord such financial statements as Landlord reasonably requires to verify the net worth of Tenant or any assignee, subtenant, or guarantor of Tenant. In addition, Tenant shall deliver to any lender designated by Landlord any financial statements required by such lender to facilitate the financing or refinancing of the Property. Tenant represents and warrants to Landlord that each such financial statement is a true and accurate statement as of the date of such statement. All financial statements shall be confidential and shall be used only for the purposes set forth in this Lease.

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