Common use of Measuring Compliance Clause in Contracts

Measuring Compliance. (a) With respect to (x) any Limited Condition Transaction and (y) any repayment, repurchase or refinancing of Indebtedness, Disqualified Stock or Preferred Stock with respect to which an irrevocable notice of repayment has been delivered (an “Irrevocable Repayment”):

Appears in 5 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.)

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Measuring Compliance. (a) With respect to any (x) any Limited Condition Transaction Restricted Payment, Investment, acquisition, merger, amalgamation, Division or similar transaction and (y) any repayment, repurchase or refinancing of Indebtedness, Disqualified Stock or Preferred Stock with respect to which an irrevocable a notice of repayment (or similar notice), which may be conditional, has been delivered (an “Irrevocable Repayment”):delivered, in each case for purposes of determining:

Appears in 2 contracts

Samples: Indenture (Concrete Pumping Holdings, Inc.), Indenture (Nesco Holdings, Inc.)

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