Common use of Minimum Fixed Charge Coverage Ratio Clause in Contracts

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio June 30, 2017 0.90 to 1.0.1.00 September 30,2017 and the last day of each Fiscal Quarter thereafter 0.95 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower Company shall not permit the Fixed Charge Coverage Ratio, calculated as of Ratio on the end last day of each fiscal quarter for the four fiscal quarter Fiscal Quarter occurring in a period ending on such date, commencing with the fiscal quarter ending September 30, 2014, set forth below to be less than 1.25 the amount set forth opposite such period: Period Amount ------ ------ July 1, 1995 to 1.0.June 30, 1996 1.50:1.00 July 1, 1996 to June 30, 1997 1.60:1.00 July 1, 1997 and thereafter 1.75:1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as determined as of the end last day of each fiscal quarter of the Borrower set forth below for the four fiscal quarter twelve month period ending on such datedate (or if the period from January 1, commencing with the fiscal quarter ending September 301997 to such date is less than twelve months, 2014such shorter period), to shall not be less than 1.25 to 1.0.the minimum ratio set forth opposite such fiscal quarter: Fiscal Quarter Minimum Ratio

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the ratio (the "Fixed Charge Coverage Ratio"), calculated determined as of the end of each of its fiscal quarter quarters ending on and after December 31, 2004 for the four period of 4 consecutive fiscal quarter period quarters ending on such date, commencing with the end of such fiscal quarter ending September 30quarter, 2014of (i) Consolidated EBITDAR to (ii) Consolidated Fixed Charges, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 1.25 2.0 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated determined as of the end of each of its fiscal quarter quarters ending before March 31, 2008 for the period of four (4) consecutive fiscal quarter period ending quarters then ending, calculated for the Borrower and its Subsidiaries on such date, commencing with the fiscal quarter ending September 30, 2014a consolidated basis, to be less than 1.25 2.0 to 1.0, or for each of its fiscal quarters ending on and after March 31, 2008, for the period of four (4) consecutive fiscal quarters then ending, calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 2.25 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower Commencing with the fiscal quarter ending March 31, 2007 and continuing each fiscal quarter thereafter, the Loan Parties shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each said fiscal quarter for the four (4) fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014quarters then ended, to be less than the minimum ratio specified below during the period specified below: Period Minimum Ratio March 31, 2007 1.25 to 1.0 June 30, 2007 and thereafter 1.40 to 1.0."

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated as for any period of four consecutive fiscal quarters ending on the end last day of each any fiscal quarter for the four fiscal quarter period ending on such date, (commencing with the fiscal quarter ending September June 30, 2014, 2016) to be less than 1.25 2.50 to 1.01.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of Ratio to be less than (a) 1.25 to 1.00 at the end of each any fiscal quarter for the four fiscal quarter period ending on such date(and including) or prior to June 30, commencing with 1998, (b) 1.50 to 1.00 at the end of the fiscal quarter ending September 30, 2014, 1998 and (c) 1.75 to be less than 1.25 to 1.01.00 at the end of any fiscal quarter thereafter." 1.9 Section 7.12 of the Credit Agreement is hereby deleted in its entirety and the following is hereby substituted in lieu thereof:

Minimum Fixed Charge Coverage Ratio. The Borrower shall and its Subsidiaries will not permit the Fixed Charge Coverage Ratio, Ratio calculated as of the end of each fiscal quarter of the Borrower during the periods set forth below for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, quarters then ended to be less than 1.25 the ratio of (a) 1.35 to 1.01.00, from and including October 31, 2008 through and including April 30, 2009 and (b) 1.50 to 1.00 from and including July 31, 2009 and thereafter. (r) Sections 11.1(l), (m) and (n) of the Credit Agreement are hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall Borrower, as of the close of any fiscal quarter of the Borrower, will not permit the its Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, ratio to be less than (i) 1.0 to 1 for each of the Borrower's fiscal quarters ended September 30, 1998, December 31, 1998, March 31, 1999 and June 30, 1999, and (ii) 1.25 to 1.01 for each fiscal quarter of the Borrower thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated for the Borrower and its Subsidiaries on a consolidated basis, determined for the period of four (4) consecutive fiscal quarters then ending as of the end of each of its fiscal quarter for the four fiscal quarter period quarters ending on such dateand after March 31, commencing with the fiscal quarter ending September 30, 20142008, to be less than 1.25 2.25 to 1.0; provided that for the period of four (4) consecutive fiscal quarters ending on October 3, 2008, the Borrower will not permit the Fixed Charge Coverage Ratio, to be less than 1.75 to 1.0.”

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit permit, as of the last day of any Fiscal Quarter of the Borrower, the Fixed Charge Coverage RatioRatio of the Loan Parties, calculated on a consolidated basis, for the most recent ended four (4) consecutive Fiscal Quarters to be less than: (i) 1.85 to 1.00 beginning February 3, 2007, and as of the end last day of each fiscal quarter for Fiscal Quarter thereafter, through and including the four fiscal quarter period Fiscal Quarter ending on such dateOctober 31, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 to 1.0.2009; and (ii)

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of determined at the end of each any fiscal quarter for the preceding four fiscal quarter period ending on such datequarters (or, commencing with if less, the number of full fiscal quarter ending September 30, 2014, quarters elapsed since the Initial Funding Date) to be less than the ratio set forth opposite the month in which such fiscal quarter ends: Quarter Ended Minimum Ratio January 1996 0.75 to 1.00 April 1996 1.00 to 1.00 July 1996 1.10 to 1.00 October 1996 1.15 to 1.00 January 1997 and thereafter 1.25 to 1.0.1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end of each any fiscal quarter for of the four fiscal quarter period ending on such date, commencing with Borrower other than the fiscal quarter ending September 30on March 31, 2014, 2014 to be less than 1.25 1.75:1.00. (u) Section 6.12(d) of the Credit Agreement shall be amended and restated in its entirety to 1.0.read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such datequarter, commencing with the fiscal quarter ending September 30December 31, 20142012, for the four fiscal quarter period most recently then ended, to be less than 1.25 1.15 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, Ratio calculated as of the end last day of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014quarter, to be less than 1.25 1.10 to 1.01.00 for the following periods: (i) the 6-month period ending June 30, 2022, (ii) the 9-month period ending September 30, 2022, (iii) the 12-month period ending December 31, 2022 and continuing thereafter for each subsequent fiscal quarter.”

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio September 30, 20172020 and the last day of each Fiscal Quarter thereafter 1.05 to 1.0.1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall and its consolidated Subsidiaries will not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for of the four fiscal quarter period ending on such date, Borrower commencing with the fiscal quarter ending September ended April 30, 20141997, and in accordance with Section 1.4, for the four fiscal quarters of the Borrower then ended to be less than 1.25 to 1.0.the ratio set forth below for the applicable fiscal quarter end:

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated as of the end last day of each any fiscal quarter quarter, for the four consecutive fiscal quarter period quarters ending on such date, commencing with the fiscal quarter ending September 30, 2014, that date to be less than 1.25 to 1.01.25:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Total Fixed Charge Coverage Ratio, calculated on a consolidated basis, as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014any Fiscal Quarter, to be less than 1.25 to 1.0.the levels set forth opposite such Fiscal Quarter below: Fiscal Quarter Minimum Fixed Charge Coverage Ratio 4th Fiscal Quarter of 2012 through and including 1st Fiscal Quarter of 0000 0.00x 2nd Fiscal Quarter of 2014 through and including 1st Fiscal Quarter of 0000 0.00x Thereafter 1. 45x

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, Ratio to be less than (a) 1.00 to 1 for the fiscal quarters ending June 30, 1999 and September 30, 1999 and (b) 1.25 to 1.01 at the end of any fiscal quarter thereafter." (b) Section 7.13 of the Credit Agreement is hereby amended to read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter Ratio to be less than 1.50:1.00 (a) for the four fiscal quarter period consisting of one Fiscal Quarter ending on such dateXxxxx 00, commencing with 0000, (x) for the fiscal quarter period consisting of two consecutive Fiscal Quarters ending June 30, 2014, (c) for the period consisting of three consecutive Fiscal Quarters ending September 30, 2014, to be less than 1.25 to 1.02014 and (b) for each period consisting of four consecutive Fiscal Quarters ending thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio September 30March 31, 2020 2022 and the last day of each Fiscal Quarter thereafter 0.95 to 1.0.1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit permit, for the fiscal quarter ending March 31, 2001, the two consecutive fiscal quarters ending June 30, 2001, the three consecutive fiscal quarters ending September 30, 2001 and each period of four consecutive fiscal quarters ending thereafter, the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, Ratio to be less than 1.25 to 1.01.10:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each any fiscal quarter quarter, commencing on or about December 31, 2015, determined for the period of four (4) consecutive fiscal quarter period quarters ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 to 1.01.10:1.00.

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Fixed Charge Coverage Ratio, calculated determined as of the end of each of its fiscal quarter for the four fiscal quarter period quarters ending on such date, commencing with the fiscal quarter ending and after September 30, 20142005, for the period of four (4) consecutive fiscal quarters then ending, calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 1.25 2.0 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower Loan Parties shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such datequarter, commencing with the fiscal quarter ending September June 30, 20142012, in each case for the four (4) fiscal quarters then ended, to be less than 1.25 to 1.0; provided, however, the ratio required to be maintained for any three (3) fiscal quarters, following the execution of the DOJ/EPA Agreements (which Borrower and Administrative Agent expect to occur by December 31, 2012), may be not be less than 1.15 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, Ratio to be less than 1.25 (a) 0.85 to 1.01 at the end of any Fiscal Quarter from and including the second Fiscal Quarter of Fiscal Year 2002 through and including the third Fiscal Quarter of Fiscal Year 2003, and (b) 0.95 to 1 at the end of any Fiscal Quarter thereafter. (l) Article 7 of the Credit Agreement is hereby amended by adding new Sections 7.23 and 7.24 thereto to read as follows:

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio March 31, 2022 and the last day of each Fiscal Quarter thereafter 1.05 to 1.0.1.00

Minimum Fixed Charge Coverage Ratio. The Domestic Borrower and its Subsidiaries shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, Ratio to be less than 1.25 to 1.01.0 for each fiscal quarter ending on or before December 31, 2008, and 1.50 to 1.0 for the fiscal quarter ending March 31, 2009 and thereafter.” (l) Amendment to Section 6.15. Section 6.15 is hereby amended by restating Section 6.15 in its entirety to read as follows:

Minimum Fixed Charge Coverage Ratio. The At the end of each fiscal quarter occurring during the periods indicated below, the Borrower shall not permit the Fixed Charge Coverage Ratio, Ratio (as calculated as of on the end last Business Day of each such fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, quarter) to be less than the ratio set forth below opposite the period in which such fiscal quarter occurs: From and including the Agreement Date to and including October 31, 1999 1.50 to 1 From and including November 1, 1999 and thereafter 1.25 to 1.0.1

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio June 30, 2017 0.90 to 1.0.1.00 September 30, 2017 2020 and the last day of each Fiscal Quarter thereafter 0.95 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio June 30, 2017 1.00 to 1.0.1.00 September 30, 2017 and the last day of each Fiscal Quarter thereafter 1.05 to 1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end last day of each fiscal quarter for Fiscal Quarter occurring during any of the four fiscal quarter periods set forth below, to fall below the corresponding ratio indicated below (to be determined with reference to the twelve-month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 to 1.0last day of each such period set forth below).

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the ratio (the "Fixed Charge Coverage Ratio"), calculated determined as of the end of each of its fiscal quarter quarters ending on and after June 30, 2005 for the four period of 4 consecutive fiscal quarter period quarters ending on such date, commencing with the end of such fiscal quarter ending September 30quarter, 2014of (i) Consolidated EBITDAR to (ii) Consolidated Fixed Charges, all calculated for the Borrower and its Subsidiaries on a consolidated basis, to be less than 1.25 1.75 to 1.0.

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter Ratio to be less than 1.50:1.00 (a) for the four fiscal quarter period consisting of one Fiscal Quarter ending on such dateMxxxx 00, commencing with 0000, (x) for the fiscal quarter period consisting of two consecutive Fiscal Quarters ending June 30, 2014, (c) for the period consisting of three consecutive Fiscal Quarters ending September 30, 2014, to be less than 1.25 to 1.02014 and (b) for each period consisting of four consecutive Fiscal Quarters ending thereafter.

Minimum Fixed Charge Coverage Ratio. The Borrower Credit Parties shall not permit the Fixed Charge Coverage Ratio, calculated Ratio as of the end last day of each fiscal quarter any Fiscal Quarter ending on any date set forth below, calculated for the four fiscal quarter twelve month period ending on such date, commencing with the fiscal quarter ending September 30, 2014, to be less than 1.25 the minimum ratio set forth in the table below opposite such date: Date Minimum Fixed Charge Coverage Ratio September 30, 2020March 31, 2022 and the last day of each Fiscal Quarter thereafter 1.05 to 1.0.1.00

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Total Fixed Charge Coverage Ratio, calculated on a consolidated basis, as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014any Fiscal Quarter, to be less than 1.25 to 1.0.the levels set forth opposite such Fiscal Quarter below: Fiscal Quarter ending December 31, 2013 through and including 1st Fiscal Quarter of 0000 0.00x 2nd Fiscal Quarter of 2015 through and including 1st Fiscal Quarter of 0000 0.00x

Minimum Fixed Charge Coverage Ratio. The Borrower shall will not permit the Total Fixed Charge Coverage Ratio, calculated on a consolidated basis, as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014any Fiscal Quarter, to be less than 1.25 to 1.0.the levels set forth opposite such Fiscal Quarter below: 3rd Fiscal Quarter of 2012 through and including 1st Fiscal Quarter of 0000 0.00x 2nd Fiscal Quarter of 2014 through and including 1st Fiscal Quarter of 0000 0.00x Thereafter 1.45x

Minimum Fixed Charge Coverage Ratio. The Borrower shall not permit the Fixed Charge Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarter period ending on such date, commencing with the fiscal quarter ending September 30, 2014, Ratio to be less than 1.25 (a) 0.90 to 1.01 at the end of arty Fiscal Quarter from and including the first Fiscal Quarter of Fiscal Year 2002 through and including the third Fiscal Quarter of Fiscal Year 2002, and (b) 1.00 to 1 at the end of any Fiscal Quarter thereafter. (z) Section 7.14 of the Credit Agreement is hereby amended to read as follows: