Maximum Churn Sample Clauses

Maximum Churn. The Company shall not suffer or permit the Churn of the Company to be greater than 3.00% at any time.
Sample 1
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Maximum Churn. For each fiscal quarter ending on March 31, -------------------------- 1999, June 30, 1999 and September 30, 1999, experience average monthly Churn during each such period of not more than 3.00%.
Sample 1
Maximum Churn. The Company shall not suffer or permit the Churn of the Company to be greater than 2.00% at any time until the Third Forbearance Agreement Closing Date.
Sample 1
Maximum Churn. The Company shall not suffer or permit the Churn of the Company to be greater than 3.00% at any time. Notwithstanding anything in this Section 2(k) to the contrary, effective as of January 31, 2023, none of the financial covenants contained in Section 11.12 of the Credit Agreement, as amended hereby, shall be tested with respect to the Fiscal Quarter ending January 31, 2023 (other than Section 11.12.4 (Minimum Liquidity)), which may be tested on the January 31, 2023 Fiscal Quarter end date in the Administrative Agent’s sole discretion), unless any of the following shall occur prior to such date: (i) any Event of Default other than the Specified Defaults occurs or is deemed to have occurred, and/or (ii) there is a breach of any term, condition or provision contained in the Forbearance Agreement, each as determined in the sole discretion of the Administrative Agent. For the avoidance of doubt, all financial covenants contained in Section 11.12 of the Credit Agreement, as amended hereby, shall be tested with respect to the Fiscal Quarter ending April 30, 2023 and thereafter pursuant to the terms and conditions of the Credit Agreement, as amended hereby. Further notwithstanding anything in this Section 2(k) to the contrary, if the BCA is terminated by any party thereto or, in any event, the MEOA Merger is not consummated in accordance with the terms and provisions of the MEOA Merger Documents on or before the MEOA Merger Outside Closing Date (each such event, a “Financial Covenant Reversion Event”), then the amendments and modifications to Section 11.12 of the Credit Agreement and set forth in this Section 2(k) shall immediately, and without notice to the Loan Parties, be deemed terminated, revoked, null, and void ab initio, and the terms of Section 11.12 of the Credit Agreement in effect immediately prior to the Fourth Amendment Closing Date shall apply and be deemed effective, unless the Required Lenders otherwise expressly consent in writing.
Sample 1
Maximum Churn. Intersections and its Subsidiaries shall not permit Churn as of any Fiscal Quarter end date (calculated as an average of monthly Churn for the Fiscal Months within such Fiscal Quarter of determination) to be more than 1.875%.
Sample 1

Related to Maximum Churn

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

  • Maximum Commitment The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work.

  • Maximum Payments Nothing contained herein shall be deemed to establish or require the payment of a rate of interest or other charges in excess of the maximum permitted by applicable law. In the event that the rate of interest required to be paid or other charges hereunder exceed the maximum permitted by such law, any payments in excess of such maximum shall be credited against amounts owed by the Borrower to the Holder and thus refunded to the Borrower.

  • Maximum or Minimum Interest Rate If specified on the face hereof, this Note may have either or both of a Maximum Interest Rate or a Minimum Interest Rate. If a Maximum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever exceed such Maximum Interest Rate and in the event that the interest rate on any Interest Reset Date would exceed such Maximum Interest Rate (as if no Maximum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Maximum Interest Rate. If a Minimum Interest Rate is so designated, the interest rate for a Floating Rate Note cannot ever be less than such Minimum Interest Rate and in the event that the interest rate on any Interest Reset Date would be less than such Minimum Interest Rate (as if no Minimum Interest Rate were in effect) then the interest rate on such Interest Reset Date shall be the Minimum Interest Rate. Notwithstanding anything to the contrary contained herein, the interest rate on a Floating Rate Note shall not exceed the maximum interest rate permitted by applicable law.

  • Maximum Payment The maximum period or aggregate of periods of accident make-up pay to be made by an Employer will be a total of 39 weeks for any one injury.

  • Maximum Total Compensation Subsection 10.1 is amended to Increase Decrease the Maximum Total Compensation from $ to $ .

  • Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.

  • Maximum In no event shall any holder be entitled to exercise any Warrant Shares to the extent that, after such exercise, the sum of the number of shares of Common Stock beneficially owned by any holder and its affiliates (other than shares of Common Stock which may be deemed beneficially owned through the ownership of the unexercised portion of the Warrant Shares or any unexercised right held by any holder subject to a similar limitation), would result in beneficial ownership by any holder and its affiliates of more than 4.99% of the outstanding shares of Common Stock (after taking into account the shares to be issued to the holder upon such exercise). For purposes of this Section 2(c), beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended. Nothing herein shall preclude the holder from disposing of a sufficient number of other shares of Common Stock beneficially owned by the holder so as to thereafter permit the continued exercise of this Warrant.

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