Common use of Ratio of Total Indebtedness to Total Asset Value Clause in Contracts

Ratio of Total Indebtedness to Total Asset Value. The Parent shall not permit the ratio of (i) Total Indebtedness of the Parent and its Subsidiaries to (ii) Total Asset Value to exceed 0.60 to 1.00 at any time; provided, however, that if such ratio is greater than 0.60 to 1.00 but is not greater than 0.65 to 1.00, then the Borrower shall be deemed to be in compliance with this subsection (a) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 0.60 to 1.00 at any time during the fiscal quarter in which such Material Acquisition took place and for any three subsequent consecutive fiscal quarters, and (ii) such ratio (after giving effect to such Material Acquisition) is not greater than 0.65 to 1.00 at any time. For purposes of calculating such ratio, (A) Total Indebtedness shall be adjusted by deducting therefrom the amount of unrestricted cash and Cash Equivalents of the Borrower and its Subsidiaries to the extent that there is an equivalent amount of Indebtedness included in Total Indebtedness that matures within twenty-four (24) months (or with respect to Mandatorily Redeemable Stock included in Total Indebtedness that is redeemable within twenty-four (24) months) from the applicable date of the calculation of such ratio, and (B) Total Asset Value shall be adjusted by deducting therefrom the amount by which Total Indebtedness is adjusted pursuant to the immediately preceding clause (A) above.

Ratio of Total Indebtedness to Total Asset Value. The Parent shall not permit the ratio of (i) Total Indebtedness of the Parent and its Subsidiaries to (ii) Total Asset Value to exceed 0.60 to 1.00 at any time; provided, however, that if such ratio is greater than 0.60 to 1.00 but is not greater than 0.65 to 1.00to 1. 00, then the Borrower shall be deemed to be in compliance with this subsection (a) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 0.60 to 1.00 at any time during the fiscal quarter in which such Material Acquisition took place and for any three subsequent consecutive fiscal quarters, and (ii) such ratio (after giving effect to such Material Acquisition) is not greater than 0.65 to 1.00 at any time. For purposes of calculating such ratio, (A) Total Indebtedness shall be adjusted by deducting therefrom the amount of unrestricted cash and Cash Equivalents of the Borrower and its Subsidiaries to the extent that there is an equivalent amount of Indebtedness included in Total Indebtedness that matures within twenty-four (24) months (or with respect to Mandatorily Redeemable Stock included in Total Indebtedness that is redeemable within twenty-four (24) months) from the applicable date of the calculation of such ratio, and (B) Total Asset Value shall be adjusted by deducting therefrom the amount by which Total Indebtedness is adjusted pursuant to the immediately preceding clause (A) above.

Ratio of Total Indebtedness to Total Asset Value. The Parent shall not permit the ratio of (i) Total Indebtedness of the Parent and its Subsidiaries to (ii) Total Asset Value to exceed 0.60 to 1.00 at any time; provided, however, that if such ratio is greater than 0.60 to 1.00 but is not greater than 0.65 to 1.00, then the Borrower shall be deemed to be in compliance with this subsection (a) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 0.60 to 1.00 at any time during the fiscal quarter in which such Material Acquisition took place and for any three subsequent consecutive fiscal quarters, (ii) the Borrower has not maintained compliance with this subsection (a) in reliance on this proviso for more than eight fiscal quarters during the term of this Agreement and (iiiii) such ratio (after giving effect to such Material Acquisition) is not greater than 0.65 to 1.00 at any time. For purposes of calculating such ratio, (A) Total Indebtedness shall be adjusted by deducting therefrom the amount of unrestricted cash and Cash Equivalents in excess of the Borrower and its Subsidiaries $25,000,000 to the extent that there is an equivalent amount of Indebtedness included in Total Indebtedness that matures within twenty-four (24) months (or with respect to Mandatorily Redeemable Stock included in Total Indebtedness that is redeemable within twenty-four (24) months) from the applicable date of the calculation of such ratio, and (B) Total Asset Value shall be adjusted by deducting therefrom the amount by which Total Indebtedness is adjusted pursuant to the immediately preceding clause (A) above.

Ratio of Total Indebtedness to Total Asset Value. The Parent shall not permit the ratio of (i) Total Indebtedness of the Parent and its Subsidiaries to (ii) Total Asset Value to exceed 0.60 to 1.00 at any time; provided, however, that if such ratio is greater than 0.60 to 1.00 but is not greater than 0.65 to 1.00, then the Borrower shall be deemed to be in compliance with this subsection (a) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 0.60 to 1.00 at any time during the fiscal quarter in which such Material Acquisition took place and for any three subsequent consecutive fiscal quarters, and (ii) such ratio (after giving effect to such Material Acquisition) is not greater than 0.65 to 1.00 at any time. For purposes of calculating such ratio, (A) Total Indebtedness shall be adjusted by deducting therefrom the amount of unrestricted cash and Cash Equivalents of the Borrower and its Subsidiaries to the extent that there is an equivalent amount of Indebtedness included in Total Indebtedness that matures within twenty-four (24) months (or with respect to Mandatorily Redeemable Stock included in Total Indebtedness that is redeemable within twenty-four (24) months) from the applicable date of the calculation of such ratio, and (B) Total Asset Value shall be adjusted by deducting therefrom the amount by which Total Indebtedness is adjusted pursuant to the immediately preceding clause (A) above.