Ratio of Total Funded Debt to EBITDA. The Borrower will not permit, as of the last day of any Rolling Period ending on or after the Effective Date, the ratio of Total Funded Debt as of such day to EBITDA for the Rolling Period ending on such day to be greater than (i) as of the last day of the Rolling Periods ending on June 30, 2014, September 30, 2014 and December 31, 2014, 4.50 to 1.0, (ii) as of the last day of the Rolling Period ending on March 31, 2015, 4.25 to 1.0, and (iii) as of the last day of each Rolling Period ending thereafter, 4.00 to 1.0.
Ratio of Total Funded Debt to EBITDA. As of the close of each fiscal quarter of the Company ending after the Closing Date, the Credit Parties and their respective Subsidiaries, for the period of the four consecutive fiscal quarters which end on such close, shall have a Ratio of Total Funded Debt to EBITDA of not greater than 3.50:1.
Ratio of Total Funded Debt to EBITDA. As of the close of each fiscal quarter of the Company ending after the Closing Date, for the period of the four consecutive fiscal quarters which end on each such close, the Ratio of Total Funded Debt to EBITDA shall be not greater than (i) 5.00:1 for the fiscal quarter ending on June 1, 2002, (ii) 4.75:1 for the fiscal quarter ending on September 1, 2002, (iii) 3.75:1 for the fiscal quarter ending on November 30, 2002, (iv) 3.00:1 for each of the three (3) fiscal quarters ending, respectively, on March 1, May 31, and August 30, 2003, and for the three (3) corresponding fiscal quarters of each fiscal year thereafter, and (v) 3.50:1 for the fiscal quarter ending on November 30, 2003, and for the corresponding fiscal quarter of each fiscal year thereafter.
Ratio of Total Funded Debt to EBITDA. The Borrower will not permit, as of the last day of any Rolling Period on which no Cima Acquisition Deferred Purchase Price Obligations are outstanding, commencing with the Rolling Period ending on the last day of the fiscal quarter during which the First Redetermination Date occurs, the ratio of Total Funded Debt as of such day to EBITDA (or, in the case of the Rolling Periods ending on or before the last day of the second full fiscal quarter ending following the First Redetermination Date, Annualized EBITDA) for the Rolling Period ending on such day to be greater than 4.0 to 1.0.
Ratio of Total Funded Debt to EBITDA. Floating Rate Margin -------------------------------------------------------- * 2.00/1.00 .125% -------------------------------------------------------- * 1.50/1.00 to 2.00/1.00 0.000% -------------------------------------------------------- 1.00/1.00 to 1.50/1.00 0.000% -------------------------------------------------------- ** 1.00/1.00 0.000% -------------------------------------------------------- * - less than ** - greater than
Ratio of Total Funded Debt to EBITDA. The Borrower will not permit, as of the last day of any Rolling Period ending on or after June 30, 2012, the ratio of Total Funded Debt as of such day to EBITDA for the Rolling Period ending on such day (or, in the case of the Rolling Periods ending on June 30, 2012, September 30, 2012 and December 31, 2012, Annualized EBITDA) to be greater than 3.25 to 1.0.
Ratio of Total Funded Debt to EBITDA. As of the close of each fiscal quarter of the Company ending after the Fourth Amendment Agreement Date, the Company, for the period of the four consecutive fiscal quarters shall have a Ratio of Total Funded Debt to EBITDA of not greater than (i) 6.5 to 1.00 at the close of each fiscal quarter ending at any time from Fourth Amendment Agreement Date to November 28, 1999; (ii) 5.50 to 1.00 at the close of each fiscal quarter ending at any time from November 29, 1999 to February 29, 2000, (iii) 4.50 to 1.00 at the close of each fiscal quarter ending at any time from March 1, 2000, to August 31, 2000, (iv) 4.00 to 1.00 at the close of each fiscal quarter ending at any time from September 1, 2000 to August 31, 2001, and (v) 3.25 to 1.00 at the close of each fiscal quarter ending at any time from September 1, 2001 to August 31, 2002, and (vi) 3.00 to 1.00 at the close of each fiscal quarter ending at any time from and after September 1, 2002.
Ratio of Total Funded Debt to EBITDA. The Company and its Subsidiaries shall not permit the ratio of Funded Debt on any date to EBITDA for the most recent four quarter period for which financial statements have been delivered pursuant to Sections 6.1(a) and 6.1
Ratio of Total Funded Debt to EBITDA. The Company will not permit its ratio of Total Funded Debt as of the end of any fiscal quarter to EBITDA for the four fiscal quarters ending on such date to be greater than the ratio for the relevant periods set forth below: PERIOD ENDING RATIO -------------------------------------------------------------- March 31, 2000 5.00 to 1.00 June 30, 2000 5.00 to 1.00 September 30, 2000 4.75 to 1.00 December 31, 2000 and thereafter 4.25 to 1.00.
Ratio of Total Funded Debt to EBITDA. As of the close of each fiscal quarter of the Company ending after the Eighth Amendment Agreement Date, the Company, for the period of the four consecutive fiscal quarters shall have a Ratio of Total funded Debt to EBITDA of not greater than (i) 4.00 to 1.00 at the close of each fiscal quarter ending at any time from the Eighth Amendment Agreement Date to but not including Marcx 0, 0000, (xx) 0.00 to 1.00 at the close of each fiscal quarter ending at any time from March 3, 2001 to but not including June 2, 2001; and (iii) 3.25 to 1.00 from June 2, 2001, and at all times thereafter.
4. The Company represents and warrants that (a) the representations and warranties contained in the Agreement are true and correct in all material respects as of the date of this Amendment, (b) no condition, act or event which could constitute an Event of Default under the Agreement exists, and (c) no condition, event, act or omission has occurred, which, with the giving of notice or passage of time, would constitute an Event of Default under the Agreement.
5. The Company agrees to pay all fees and out-of-pocket disbursements incurred by the Bank in connection with this Amendment, including legal fees incurred by the Bank in the preparation, consummation, administration and enforcement of this Amendment.
6. This Amendment shall become effective only after it is fully executed by the Company and the Bank and the Bank shall have received from the Company the following documents:
(a) Eighth Amendment to Amended and Restated Credit Agreement; (b) Promissory Note Modification Agreement; (c) Any other such documents as required by the Bank. Except as amended by this Amendment, the Agreement shall remain in full force and effect in accordance with its terms.
7. This Amendment is a modification only and not a novation. Except for the above-quoted modifications, the Agreement, any agreement or security document, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This Amendment is to be considered attached to the Agreement and made a part thereof. This Amendment shall not release or affect the liability of any guarantor, surety or endorser of the Agreement or release any owner of collateral securing the Agreement. The validity, priority and enforceability of the Agreement shall not be impaired hereby. To the extent that any provision of this Amendment conflicts with any term or condition set for...
