Common use of Maximum Total Leverage Ratio Clause in Contracts

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quarters, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quarters, all calculated for the Consolidated Financial Covenant Entities on a consolidated basis, to be greater than 3.75 to 1.00.

Maximum Total Leverage Ratio. The Neither Holdings nor the Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on or about September 30, 2013 and thereafter, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of such fiscal quarter, all calculated for Holdings, the Consolidated Financial Covenant Entities Borrower and the Restricted Subsidiaries on a consolidated basis, to be greater than 3.75 to 1.00.

Maximum Total Leverage Ratio. The Borrower will and its consolidated Subsidiaries shall not permit the ratio (the “"Total Leverage Ratio”), determined as of the end of each of its Fiscal Quarters, ") of (i) Consolidated Total total Indebtedness (including Letters of Credit) to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quarters, all calculated for the Consolidated Financial Covenant Entities on a consolidated basisEBITDA, to be greater than 3.75 4.5 to 1.001.0 on a trailing twelve month basis for each fiscal quarter."

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quarters, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quarters, all calculated for the Consolidated Financial Covenant Entities on a consolidated basis, to be greater than 3.75 3.50 to 1.00.

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on and after September 30, 2012, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of each such fiscal quarter, all calculated for the Consolidated Financial Covenant Entities Borrower and its Subsidiaries on a consolidated basis, to be greater than 3.75 3.50 to 1.00.

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on and after January 2, 2012, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of such fiscal quarter, all calculated for the Consolidated Financial Covenant Entities Borrower and its Subsidiaries on a consolidated basis, to be greater than 3.75 3.50 to 1.00.

Maximum Total Leverage Ratio. The Neither Holdings nor the Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on and after December 31, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of such fiscal quarter, all calculated for Holdings, the Consolidated Financial Covenant Entities Borrower and the Restricted Subsidiaries on a consolidated basis, to be greater than 3.75 to 1.00.

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on and after October, 31, 2015, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of such fiscal quarter, all calculated for the Consolidated Financial Covenant Entities Borrower and its Subsidiaries on a consolidated basis, to be greater than 3.75 3.00 to 1.00.

Maximum Total Leverage Ratio. The Borrower will not permit the ratio of Total Debt divided by Consolidated EBITDA for any period of four (4) consecutive fiscal quarters to exceed 3.00:1.00 (the “Total Leverage Ratio”). For purposes of this §10, determined as “Total Debt” means all of the end of each of Borrower’s and its Fiscal QuartersSubsidiaries indebtedness for borrowed money and Capital Leases, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quarters, all calculated for the Consolidated Financial Covenant Entities on a consolidated basis, to be greater than 3.75 to 1.00including Subordinated Debt.

Maximum Total Leverage Ratio. The Borrower will not permit the ratio (the “Total Leverage Ratio”), determined as of the end of each of its Fiscal Quartersfiscal quarters ending on and after September 30, 2011, of (i) Consolidated Total Indebtedness to (ii) Consolidated EBITDA for the period of the then most-recently ended four (4) consecutive Fiscal Quartersfiscal quarters ending with the end of such fiscal quarter, all calculated for the Consolidated Financial Covenant Entities Borrower and its Subsidiaries on a consolidated basis, to be greater than 3.75 3.50 to 1.00.