Common use of Ratio of Consolidated Indebtedness to Consolidated EBITDA Clause in Contracts

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Borrower shall not permit its ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters most recently ended to exceed 3.00 to 1.00 as of the last day of any fiscal quarter of the Borrower. For purposes of this Section 6.07(b), if during any period of four fiscal quarters the Borrower or any Subsidiary acquires any Person (or any interest in any Person) or all or substantially all of the assets of any Person, the EBITDA attributable to such assets or an amount equal to the percentage of ownership of the Borrower in such Person times the EBITDA of such Person, for such period determined on a pro forma basis (which determination, in each case, shall be subject to approval of the Administrative Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period; provided that during the portion of such period that follows such acquisition, the computation in respect of the EBITDA of such Person or such assets, as the case may be, shall be made on the basis of actual (rather than pro forma) results.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Borrower shall Company will not at any time permit its the ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters most recently ended in respect of which financial statements shall have been delivered pursuant to Section 5.01(a) or (b), as the case may be, to exceed 3.00 4.00 to 1.00 as of the last day of any fiscal quarter of the Borrower1.0. For purposes of this Section 6.07(b6.07(a), if during any period of four fiscal quarters the Borrower or any Subsidiary Company acquires any Person (or any interest in any Person) or all or substantially all of the assets of any Person, the EBITDA attributable to such assets or an amount equal to the percentage of ownership of the Borrower Company in such Person times the EBITDA of such Person, for such period determined on a pro forma basis (which determination, in each case, shall be subject to approval of the Administrative AgentRequired Lenders, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period; provided that during , if on the portion date of such period that follows acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason of and giving effect to such acquisitionacquisition and such Person, or the computation in respect of the EBITDA of such Person or entity acquiring such assets, as the case may be, shall be made on the basis of actual (rather than pro forma) resultsis a Subsidiary.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Borrower shall Company will not at any time permit its the ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters most recently ended in respect of which financial statements shall have been delivered pursuant to Section 5.01(a) or (b), as the case may be, to exceed 3.00 4.00 to 1.00 as of the last day of any fiscal quarter of the Borrower1.0. For purposes of this Section 6.07(b6.07(a), if during any period of four fiscal quarters the Borrower or any Subsidiary Company acquires any Person (or any interest in any Person) or all or substantially all of the assets of any Person, the EBITDA attributable to such assets or an amount equal to the percentage of ownership of the Borrower Company in Five-Year Facility 63 such Person times the EBITDA of such Person, for such period determined on a pro forma basis (which determination, in each case, shall be subject to approval of the Administrative AgentRequired Lenders, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period; provided that during , if on the portion date of such period that follows acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason of and giving effect to such acquisitionacquisition and such Person, or the computation in respect of the EBITDA of such Person or entity acquiring such assets, as the case may be, shall be made on the basis of actual (rather than pro forma) resultsis a Subsidiary.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Borrower shall not permit its ratio of Consolidated Indebtedness to Consolidated EBITDA for the period of four full fiscal quarters most recently ended to exceed 3.00 7.75 to 1.00 as of the last day of any fiscal quarter of the Borrower1.00. For purposes of this Section 6.07(b), if during any period of four fiscal quarters the Borrower or any Subsidiary acquires any Person (or any interest in any Person) or all or substantially all of the assets of any Person, the EBITDA attributable to such assets or an amount equal to the percentage of ownership of the Borrower in such Person times the EBITDA of such Person, for such period determined on a pro forma basis (which determination, in each case, shall be subject to approval of the Administrative Paying Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period; provided that during the portion of such period that follows such acquisition, the computation in respect of the EBITDA of such Person or such assets, as the case may be, shall be made on the basis of actual (rather than pro forma) results.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Borrower shall not permit its ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters most recently ended to exceed 3.00 (i) 6.00 to 1.00 1.0 as of at September 30, 2002, (ii) 5.25 to 1.0 as at December 31, 2002, (iii) 5.25 to 1.0 as at March 31, 2003, (iv) 4.50 to 1.0 as at June 30, 2000 xxx (x) 0.00 xx 0.0 as at the last day of any fiscal quarter ending thereafter. For purposes of calculating such ratio, the BorrowerProject Finance Subsidiaries shall be disregarded. For purposes of this Section 6.07(b), if during any period of four fiscal quarters the Borrower or any Subsidiary acquires any Person (or any interest in any Person) or all or substantially all of the assets of any Person, the EBITDA attributable to such assets or an amount equal to the percentage of ownership of the Borrower in such Person times the EBITDA of such Person, for such period determined on a pro forma basis (which determination, in each case, shall be subject to approval of the Administrative Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period; provided that during the portion of such period that follows such acquisition, the computation in respect of the EBITDA of such Person or such assets, as the case may be, shall be made on the basis of actual (rather than pro forma) results.