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

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Company will not at any time permit the ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters 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 4.00 to 1.0. For purposes of this Section 6.07(a), if during any period the 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 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 Required Lenders, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period, if on the date of such acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason of and giving effect to such acquisition and such Person, or the entity acquiring such assets, as the case may be, is a Subsidiary.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Company will Borrower shall not at any time permit the its 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 4.00 3.00 to 1.01.00 as of the last day of any fiscal quarter of the Borrower. For purposes of this Section 6.07(a6.07(b), if during any period of four fiscal quarters the Company 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 Company 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 Required LendersAdministrative Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period, if on ; provided that during the date portion of such acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason period that follows such acquisition, the computation in respect of and giving effect to the EBITDA of such acquisition and such Person, Person or the entity acquiring such assets, as the case may be, is a Subsidiaryshall be made on the basis of actual (rather than pro forma) results.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Company will Borrower shall not at any time permit the its ratio of Consolidated Indebtedness to Consolidated EBITDA for the period of 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 4.00 7.75 to 1.01.00. For purposes of this Section 6.07(a6.07(b), if during any period of four fiscal quarters the Company 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 Company 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 Required LendersPaying Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period, if on ; provided that during the date portion of such acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason period that follows such acquisition, the computation in respect of and giving effect to the EBITDA of such acquisition and such Person, Person or the entity acquiring such assets, as the case may be, is a Subsidiaryshall be made on the basis of actual (rather than pro forma) results.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Company will Borrower shall not at any time permit the its 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 4.00 (i) 6.00 to 1.01.0 as 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 Project Finance Subsidiaries shall be disregarded. For purposes of this Section 6.07(a6.07(b), if during any period of four fiscal quarters the Company 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 Company 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 Required LendersAdministrative Agent, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period, if on ; provided that during the date portion of such acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason period that follows such acquisition, the computation in respect of and giving effect to the EBITDA of such acquisition and such Person, Person or the entity acquiring such assets, as the case may be, is a Subsidiaryshall be made on the basis of actual (rather than pro forma) results.

Ratio of Consolidated Indebtedness to Consolidated EBITDA. The Company will not at any time permit the ratio of Consolidated Indebtedness to Consolidated EBITDA for the four full fiscal quarters 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 4.00 to 1.0. For purposes of this Section 6.07(a), if during any period the 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 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 Required Lenders, not to be unreasonably withheld) may be included as Consolidated EBITDA for such period, if on the date of such acquisition no Indebtedness (other than Indebtedness permitted pursuant to Section 6.01) is incurred by reason of and giving effect to such acquisition and such Person, or the entity acquiring such assets, as the case may be, is a Subsidiary.