Maximum Total Indebtedness Sample Clauses

Maximum Total Indebtedness. (a) Permit at any time Consolidated Total Indebtedness to be more than 55% of Total Capital at such time, provided that for any fiscal quarter in which Restricted Payments made during such quarter and permitted by Section 8.11(a)(i), when added to the amount of Restricted Payments made during the preceding three fiscal quarters, exceed 90% of Funds from Operations for the four consecutive fiscal quarters ending prior to the quarter in which such Restricted Payment is made, the Borrower shall not permit Consolidated Total Indebtedness to be more than 52.5% of Total Capital at any time from and after the time such Restricted Payment is made; or (b) Permit at any time the Consolidated Total Indebtedness secured by mortgages on Real Property owned by the Borrower and its Subsidiaries at such time to exceed 40% of Total Capital at such time.

Maximum Total Indebtedness. (a) Permit at any time Consolidated Total Indebtedness to be more than 57.5% of Adjusted Consolidated Total Assets at such time, or (b) Permit at any time the portion of the Consolidated Total Indebtedness (which shall exclude Indebtedness of FIN 46 Entities and other Joint Ventures that are not Subsidiaries) consisting of Consolidated secured Indebtedness of Borrower and its Subsidiaries at such time to exceed 40% of Adjusted Consolidated Total Assets at such time.

Maximum Total Indebtedness. (a) Permit at any time Consolidated Total Indebtedness to be more than 57.5% of Adjusted Consolidated Total Assets at such time, or (b) Permit at any time the portion of the Consolidated Total Indebtedness (which shall exclude Indebtedness of Joint Ventures that are not Subsidiaries) consisting of Consolidated secured Indebtedness of Borrower and its Subsidiaries at such time to exceed 40% of Adjusted Consolidated Total Assets at such time. In the event that the Consolidated Total Indebtedness shall exceed 55% of the Adjusted Consolidated Total Assets at any time (a “Leverage Event”), then upon the occurrence and during the continuance of such Leverage Event, the outstanding principal balance of (a) the LIBOR Rate Loans shall bear interest at a rate per annum equal to LIBOR for the applicable Interest Period plus the Applicable Margin plus 0.10%, and (b) the Prime Rate Loans shall bear interest at a rate per annum equal to the Prime Rate plus the Applicable Margin plus 0.10%.” (e) By deleting Paragraph 3 of Exhibit “G” to the Credit Agreement in its entirety and inserting in lieu thereof the following new Paragraph 3 of Exhibit “G”:

Maximum Total Indebtedness. (a) Permit Consolidated Total Indebtedness (i) to be more than 57.5% at any time prior to the first to occur of (A) a Capital Event or (B) any reduction of such threshold below 57.5% in any of the Existing Credit Agreements, and (ii) at any time after the first to occur of a Capital Event or any such reduction in the 57.5% threshold as described above, to be more than 55% of Total Capital at such time; or (b) Permit at any time the Consolidated Total Indebtedness secured by mortgages on Real Property owned by the Borrower and its Subsidiaries at such time to exceed 40% of Total Capital at such time.

Maximum Total Indebtedness. As of the Effective Time, Section 8.16 of the Credit Agreement shall be deemed deleted and the following new Section 8.16 shall be substituted in its place:

Maximum Total Indebtedness. Neither the Operating Partnership nor any of its Subsidiaries shall directly or indirectly create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness, except that the Operating Partnership and/or its Subsidiaries may create, incur, assume or otherwise become or remain directly or indirectly liable with respect to any Indebtedness to the extent that Total Outstanding Indebtedness would not exceed 55% of Total Market Capitalization.

Maximum Total Indebtedness. (a) Consolidated Total Indebtedness is $ and Adjusted Consolidated Total Assets is $ . Accordingly, Consolidated Total Indebtedness is % of Adjusted Consolidated Total Assets [Consolidated Total Indebtedness must not be more than 57.5% of Adjusted Consolidated Total Assets at any time].” (b) The portion of Consolidated Total Indebtedness (which shall exclude Indebtedness of Joint Ventures that are not Subsidiaries) consisting of secured Indebtedness of the Borrower and its Subsidiaries is $ . Accordingly, such portion of Consolidated Total Indebtedness consisting of secured Indebtedness of the Borrower and its Subsidiaries is % of Adjusted Consolidated Total Assets. [Such portion of Consolidated Total Indebtedness consisting of secured Indebtedness of the Borrower and its Subsidiaries must not be more than 40% of Adjusted Consolidated Total Assets.]”

Maximum Total Indebtedness. (a) Permit at any time Consolidated Total Indebtedness (i) to be more than 55% of Adjusted Consolidated Total Assets at any time prior to the EIG Acquisition Date, (ii) to be more than 57.5% of Adjusted Consolidated Total Assets at any time after the EIG Acquisition Date but prior to the occurrence of a Capital Event, and (iii) to be more than 55% of Adjusted Consolidated Total Assets at any time thereafter; or (b) Permit at any time the Consolidated Total Indebtedness secured by mortgages on Real Property owned by the Borrower and its Subsidiaries at such time to exceed 40% of Adjusted Consolidated Total Assets at such time.