Common use of Maximum Cash Flow Leverage Ratio Clause in Contracts

Maximum Cash Flow Leverage Ratio. The Borrower and its consolidated Subsidiaries shall not permit the ratio (the "Cash Flow Leverage Ratio") of (i) Total Funded Indebtedness to (ii) EBITDA to be greater than 3.25 to 1.0 for each four (4) fiscal quarter period beginning with the fiscal quarter ending December 31, 2004 and thereafter. The Cash Flow Leverage Ratio shall be calculated, in each case, determined as of the last day of each fiscal quarter based upon (a) for Indebtedness, Indebtedness as of the last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for Last Twelve-Month Period, provided, that the Cash Flow Leverage Ratio shall be calculated, with respect to Permitted Acquisitions, on a pro forma basis using historical audited and reviewed unaudited financial statements obtained from the seller(s) in such Permitted Acquisition, broken down by fiscal quarter in the Borrower's reasonable judgment as if such Permitted Acquisition (including the uses and applications of proceeds in respect thereof and the Indebtedness incurred in conjunction therewith) had occurred on the first day of the Measurement Period (including cost savings actually realized during such prior period, as though such costs savings had been realized from the first day of the Measurement Period in the Borrower's reasonable judgment), provided such pro forma statements and such costs savings shall be substantiated by supporting information reasonably acceptable to the Agent.

Maximum Cash Flow Leverage Ratio. The Borrower Company and its consolidated Subsidiaries shall not permit the ratio (the "“Cash Flow Leverage Ratio"”) of (i) Total Funded Indebtedness Debt to (ii) EBITDA to be greater than 3.25 2.75 to 1.0 for each four (4) fiscal quarter period beginning with the fiscal quarter ending December 31, 2004 and thereafter1.00. The Cash Flow Leverage Ratio shall be calculated, in each case, determined as of the last day of each fiscal quarter based upon (a) for IndebtednessDebt, Indebtedness Debt as of the last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for Last Twelve-Month Period, provided, that the Cash Flow Leverage Ratio shall be calculated, with respect to Permitted Acquisitions, on a pro forma basis using historical audited and reviewed unaudited financial statements obtained from the seller(s) in such Permitted Acquisition, broken down by fiscal quarter in the Borrower's Company’s reasonable judgment as if such Permitted Acquisition (including the uses and applications of proceeds in respect thereof and the Indebtedness Debt incurred in conjunction therewith) had occurred on the first day of the Measurement Period (including excluding cost savings actually realized during such prior period, other than as though such costs savings had been realized from the first day of the Measurement Period in the Borrower's reasonable judgmentpermitted by Section 22.7(b)), provided such pro forma statements and such costs savings shall be substantiated by supporting information reasonably acceptable to the AgentRequired Holders.

Maximum Cash Flow Leverage Ratio. The Borrower Company and its consolidated Subsidiaries shall not permit the ratio (the "“Cash Flow Leverage Ratio"”) of (i) Total Funded Indebtedness Debt (excluding the PIK Notes) to (ii) EBITDA to be greater than 3.25 2.75 to 1.0 for each four (4) fiscal quarter period beginning with the fiscal quarter ending December 31, 2004 and thereafter1.00. The Cash Flow Leverage Ratio shall be calculated, in each case, determined as of the last day of each fiscal quarter based upon (a) for IndebtednessDebt, Indebtedness Debt as of the last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for Last Twelve-Month Period, provided, that the Cash Flow Leverage Ratio shall be calculated, with respect to Permitted Acquisitions, on a pro forma basis using historical audited and reviewed unaudited financial statements obtained from the seller(s) in such Permitted Acquisition, broken down by fiscal quarter in the Borrower's Company’s reasonable judgment as if such Permitted Acquisition (including the uses and applications of proceeds in respect thereof and the Indebtedness Debt incurred in conjunction therewith) had occurred on the first day of the Measurement Period (including excluding cost savings actually realized during such prior period, other than as though such costs savings had been realized from the first day permitted by Section 10.9(B) of the Measurement Period in the Borrower's reasonable judgmentBank Credit Agreement), provided such pro forma statements and such costs savings shall be substantiated by supporting information reasonably acceptable to the AgentRequired Holders.”

Maximum Cash Flow Leverage Ratio. The Borrower and its consolidated Subsidiaries shall not permit the ratio (the "“Cash Flow Leverage Ratio"”) of (i) Total Funded Indebtedness (excluding the PIK Notes) to (ii) EBITDA to be greater than 3.25 2.75 to 1.0 for each four (4) fiscal quarter period beginning with the fiscal quarter ending December 31, 2004 and thereafter1.00. The Cash Flow Leverage Ratio shall be calculated, in each case, determined as of the last day of each fiscal quarter based upon (a) for Indebtedness, Indebtedness as of the last day of each such fiscal quarter; and (b) for EBITDA, the actual amount for Last Twelve-Month Period, provided, that the Cash Flow Leverage Ratio shall be calculated, with respect to Permitted Acquisitions, on a pro forma proforma basis using historical audited and reviewed unaudited financial statements obtained from the seller(s) in such Permitted Acquisition, broken down by fiscal quarter in the Borrower's ’s reasonable judgment as if such Permitted Acquisition (including the uses and applications of proceeds in respect thereof and the Indebtedness incurred in conjunction therewith) had occurred on the first day of the Measurement Period (including excluding cost savings actually realized during such prior period, other than as though such costs savings had been realized from the first day of the Measurement Period in the Borrower's reasonable judgmentpermitted by Section 10.9(B)), provided such pro forma proforma statements and such costs savings shall be substantiated by supporting information reasonably acceptable to the Agent.