Common use of Senior ABS Leverage Ratio Clause in Contracts

Senior ABS Leverage Ratio. For purposes of making the computation of the Senior ABS Leverage Ratio (including, without limitation the calculation of Net Cash Flow used therein), any pro forma event shall, at the discretion of the Manager, be calculated on a pro forma basis for Additional Net Cash Flow only assuming that all such investments, acquisitions, mergers, amalgamations and consolidations (and the change in Net Cash Flow resulting therefrom) had occurred on the first day of such preceding four Quarterly Fiscal Periods. If since the beginning of such period any Person that subsequently became a Securitization Entity since the beginning of such preceding four Quarterly Fiscal Periods shall have made any investment, acquisition,, merger or consolidation, in each case with respect to an operating unit of a business, that would have been subject to adjustment pursuant to this Section 14.18, then the Senior ABS Leverage Ratio shall, at the discretion of the Manager, be calculated giving pro forma effect for any Additional Net Cash Flow related thereto for such period as if such investment, acquisition, discontinued operation, merger or consolidation had occurred at the beginning of the applicable preceding four Quarterly Fiscal Periods.

Appears in 2 contracts

Samples: Base Indenture (Wendy's Co), Base Indenture (Wendy's Co)

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Senior ABS Leverage Ratio. For purposes of making the computation of the Senior ABS Leverage Ratio (including, without limitation the calculation of Net Cash Flow used therein), any pro forma event shall, at the discretion of the Manager, shall be calculated on a pro forma basis for Additional Net Cash Flow only assuming that all such investments, acquisitions, dispositions, mergers, amalgamations amalgamations, consolidations, discontinued operations, restructurings and consolidations reorganizations (and the change in Net Cash Flow resulting therefrom) had occurred on the first day of such preceding four Quarterly Fiscal Periods. If since the beginning of such period any Person that subsequently became a Securitization Entity since the beginning of such preceding four Quarterly Fiscal Periods shall have made any investment, acquisition,, merger disposition, merger, consolidation, discontinued operation, restructurings or consolidationreorganizations, in each case with respect to an operating unit of a business, that would have been subject to required adjustment pursuant to this Section 14.18, then the Senior ABS Leverage Ratio shall, at the discretion of the Manager, shall be calculated giving pro forma effect for any Additional Net Cash Flow related thereto for such period as if such investment, acquisition, disposition, discontinued operation, merger merger, consolidation, restructurings or consolidation reorganizations had occurred at the beginning of the applicable preceding four Quarterly Fiscal Periods.

Appears in 2 contracts

Samples: Base Indenture (Dunkin' Brands Group, Inc.), Base Indenture (DineEquity, Inc)

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Senior ABS Leverage Ratio. For purposes of making the computation of the Senior ABS Leverage Ratio (including, without limitation the calculation of Net Cash Flow used therein), any pro forma event shall, at the discretion of the Manager, be calculated on a pro forma basis for Additional Net Cash Flow only assuming that all such investments, 135 acquisitions, mergers, amalgamations and consolidations (and the change in Net Cash Flow resulting therefrom) had occurred on the first day of such preceding four Quarterly Fiscal Periods. If since the beginning of such period any Person that subsequently became a Securitization Entity since the beginning of such preceding four Quarterly Fiscal Periods shall have made any investment, acquisition,, merger or consolidation, , in each case with respect to an operating unit of a business, that would have been subject to adjustment pursuant to this Section 14.18, then the Senior ABS Leverage Ratio shall, at the discretion of the Manager, be calculated giving pro forma effect for any Additional Net Cash Flow related thereto for such period as if such investment, acquisition, discontinued operation, merger or consolidation consolidation, had occurred at the beginning of the applicable preceding four Quarterly Fiscal Periods.

Appears in 1 contract

Samples: Wendy's Co

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