Common use of Senior Leverage Ratio Clause in Contracts

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of the ratio set forth below opposite such period: Period Ratio December 29, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of the last day of any fiscal quarter ending on any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 29PERIOD RATIO ------ ----- September 27, 1999 to and including September 30, 2000 4.25 to 1.00 October 1, 2000 to and including March 31, 2002 through April 14, 2003 2.75 4.00 to 1.00 April 151, 2002 to and including March 31, 2003 through July 123.75 to 1.00 April 1, 2003 to and including March 31, 2004 3.50 to 1.00 Thereafter 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 29------ ----- Restatement Effective Date through September 30, 2002 through April 14, 2003 2.75 2004 5.25 to 1.00 April 15October 1, 2003 2004 through July 12December 31, 2003 3.00 2004 5.00 to 1.00 January 1, 2005 through June 30, 2005 4.75 to 1.00 July 131, 2003 2005 through January 3December 31, 2004 2.75 2005 4.50 to 1.00 January 41, 2004 2006 through July 17December 31, 2004 2.50 2006 3.50 to 1.00 July 18January 1, 2004 2007 and thereafter 2.00 3.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the --------------------- Senior Leverage Ratio as at the end of any date calendar quarter during any period of the periods set forth below to be in excess of exceed the ratio set forth below opposite such perioddate: Period Senior Leverage Ratio December 29, 2002 through April 14------ --------------------- On June 30, 2003 2.75 to 1.00 April 157.00:1 From July 1, 2003 through July 12September 30, 2003 3.00 to 1.00 July 136.00:1 From October 1, 2003 through December 31, 2003 5.00:1 From January 3, 2004 2.75 to 1.00 January 41, 2004 through July 17December 31, 2004 2.50 3.00:1 From January 1, 2005 through the Maturity Date 2.00:1" (g) Amendment to 1.00 July 18, 2004 and thereafter 2.00 to 1.00Section 10.10. Section 10.10,

Senior Leverage Ratio. The Borrower Borrowers will not permit the Senior Leverage Ratio as of any date during Ratio, determined for any period set forth below of four consecutive Fiscal Quarters ending on the last day of each Fiscal Quarter, to be in excess of greater than (i) 4.00:1.00, for the ratio set forth below opposite such period: Period Ratio period from Amendment No. 1 Effective Date until and including Xxxxx 00, 0000, (xx) 4.00;1.00, for the period from the September 24, 2012 until June 30, 2013, (iii) 3.75:1.00, for the period from July 1, 2013 until December 29, 2002 through April 142013, 2003 2.75 to 1.00 April 15and (iii) 3.50:1.00, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00for each period thereafter.

Senior Leverage Ratio. The Borrower will not shall not, as of the last day of each fiscal quarter of the Borrower set forth below, permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of the ratio set forth below opposite such periodgreater than: Period Ratio June 30, 2013 3.30 September 30, 2013 3.30 December 2931, 2002 through April 142013 3.30 March 31, 2003 2014 3.30 June 30, 2014 3.30 September 30, 2014 3.30 December 31, 2014 3.30 March 31, 2015 3.30 June 30, 2015 3.00 September 30, 2015 3.00 December 31, 2015 3.00 March 31, 2016 2.75 to 1.00 April 15June 30, 2003 through July 122016 2.75 September 30, 2003 3.00 to 1.00 July 132016 2.75 December 31, 2003 through January 3, 2004 2016 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 March 31 2016 and each fiscal quarter ending thereafter 2.00 to 1.002.50

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 29, 2002 ------------------------------------------------- ------------ Restatement Effective Date through April 14, 2003 2.75 5.25 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3September 30, 2004 2.75 October 1, 2004 through December 31, 2004 4.75 to 1.00 January 41, 2004 2005 through July 17December 31, 2004 2.50 2005 4.00 to 1.00 July 18January 1, 2004 2006 through December 31, 2006 3.50 to 1.00 January 1, 2007 and thereafter 2.00 3.00 to 1.00

Senior Leverage Ratio. The At all times, the Borrower will shall not permit the its Senior Leverage Ratio as of any date during any period to exceed the ratios set forth below to be in excess of during the ratio set forth below opposite such periodperiods indicated: Period Senior Leverage Ratio ------ --------------------- Agreement Date through December 2930, 2002 4.50:1.00 December 31, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3September 29, 2004 2.75 to 1.00 January 44.25:1.00 September 30, 2004 through July 17December 30, 2004 2.50 to 1.00 July 183.75:1.00 December 31, 2004 through June 29, 2006 3.25:1.00 June 30, 2006 and thereafter 2.00 to 1.003.00:1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of the ratio set forth below opposite such period: Period Ratio ------ ----- Restatement Effective Date through December 28, 2002 3.00 to 1.00 December 29, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 2.75 to 1.00 July 13, 2003 through January 3, 2004 2.75 2.50 to 1.00 January 4, 2004 through July 17, 2004 2.50 2.25 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The Borrower will Credit Parties shall not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of greater than the maximum ratio set forth in the table below opposite such perioddate: Period Date Senior Maximum Leverage Ratio September 30, 2012 2.00:1.00 December 2931, 2002 through April 142012 1.80:1.00 March 31, 2003 2.75 to 1.00 April 152013 1.80:1.00 June 30, 2003 through July 122013 1.75:1.00 September 30, 2003 3.00 to 1.00 July 132013 1.75:1.00 December 31, 2003 through January 32013 1.75:1.00 March 31, 2004 2.75 to 1.00 January 42014 1.60:1.00 June 30, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2014 and the last day of each Fiscal Quarter thereafter 2.00 to 1.001.50:1.00

Senior Leverage Ratio. The Borrower will not permit the ---------------------- Senior Leverage Ratio as of any date day during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 29------ ----- November 1, 2002 through April 142002, to January 31, 2003 2.75 9.00 to 1.00 April 15February 1, 2003 through July 12to April 30, 2003 7.25 to 1.00 May 1, 2003 to July 31, 2003 6.50 to 1.00 August 1, 2003 to October 31, 2003 6.00 to 1.00 Thereafter 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The Borrower Credit Parties will not permit the Senior Leverage Ratio as at the end of any date fiscal quarter occurring during any period set forth the periods below to be in excess of exceed the ratio set forth below opposite such periodperiod below: Period Ratio Closing Date through September 30, 2005 4.50 to 1 October 1, 2005 through December 2931, 2002 through April 142006 4.25 to 1 January 1, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2007 and thereafter 2.00 4.00 to 1.001

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of for any date during any period Test Period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 2931, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18March 31, 2003 2.50 to 1.00 June 30, 2003 2.50 to 1.00 September 30, 2003 2.50 to 1.00 December 31, 2003 2.50 to 1.00 March 31, 2004 and thereafter 2.25 to 1.00 June 30, 2004 2.25 to 1.00 September 30, 2004 2.00 to 1.00 December 31, 2004 2.00 to 1.00 March 31, 2005 and the last day of each Fiscal Quarter thereafter 1.75 to 1.00

Senior Leverage Ratio. The Borrower will not permit at any time the Senior Leverage Ratio as of any date during any period set forth below to be in excess of greater than the maximum ratio set forth specified below during the period opposite such periodmaximum ratio: Period Ratio December 29Closing Date through January 30, 2002 through April 14, 2003 2.75 2005 3.50 to 1.00 April 15From January 31, 2003 2005 through July 12October 30, 2003 2005 3.00 to 1.00 July 13From October 31, 2003 2005 through January 3October 30, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2006 2.50 to 1.00 July 18On October 31, 2004 2006 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The At all times, the Borrower will shall not permit the its Senior Leverage Ratio as of any date during any period to exceed the ratios set forth below to be in excess of during the ratio set forth below opposite such periodperiods indicated: Period Senior Leverage Ratio ------ --------------------- Agreement Date through December 2930, 2002 2006 5.50:1.00 December 31, 2006 through April 14December 30, 2003 2.75 to 1.00 April 152008 5.25:1.00 December 31, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2008 and thereafter 2.00 to 1.005.00:1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of at any date during time for any period set forth below below, to be in excess of more than the ratio set forth below opposite such period: Period Ratio December 29Effective Date through and including September 30, 2002 through April 14, 2003 2.75 2006 5.00 to 1.00 April 15October 1, 2003 2006 through July 12and including September 30, 2003 3.00 2007 4.50 to 1.00 July 13October 1, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2007 and thereafter 2.00 4.00 to 1.00

Senior Leverage Ratio. The Borrower will shall not permit permit, as of the end of --------------------- any fiscal quarter, the Senior Leverage Ratio as of any date during any period set forth below to be in excess of more than: 6.50:1. 00 On or after the ratio set forth below opposite such period: Period Ratio December 29Closing Date and before April 1, 2000 6.25:1. 00 On or after April 1, 2000 and before October 1, 2000 6.00:1. 00 On or after October 1, 2000 and before April 1, 2001 5.50:1. 00 On or after April 1, 2001 and before January 1, 2002 5.00:1. 00 On or after January 1, 2002 through April 14and before January 1, 2003 2.75 to 1.00 April 152003 4.50:1. 00 On or after January 1, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.002003

Senior Leverage Ratio. The Borrower will Credit Parties shall not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of greater than the maximum ratio set forth in the table below opposite such perioddate: Period Ratio September 30, 2013 1.75:1.00 December 2931, 2002 through April 142013 1.35:1.00 March 31, 2003 2.75 to 1.00 April 152014 1.35:1.00 June 30, 2003 through July 122014 1.35:1.00 September 30, 2003 3.00 to 1.00 July 132014 1.35:1.00 December 31, 2003 through January 32014 1.30:1.00 March 31, 2004 2.75 to 1.00 January 42015 1.30:1.00 June 30, 2004 through July 172015 1.25:1.00 September 30, 2004 2.50 to 1.00 July 182015 1.25:1.00 December 31, 2004 2015 and the last day of each Fiscal Quarter thereafter 2.00 to 1.001.20:1.00

Senior Leverage Ratio. The Borrower will not permit Permit the Senior Leverage Ratio as of at any date time during any period set forth below to be in excess of more than the ratio set forth below opposite such period: 80 Period Ratio ------ ----- Effective Date through and including December 2931, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 1998 4.00 to 1.00 January 41, 2004 1999 through July 17and including December 31, 2004 2.50 1999 3.75 to 1.00 July 18January 1, 2004 2000 through and including December 31, 2000 3.50 to 1.00 January 1, 2001 and thereafter 2.00 2.25 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as at any time to exceed: PERIOD RATIO The date of any date during any period set forth below to be in excess of the ratio set forth below opposite such period: Period Ratio December 29, 2002 this Agreement through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 and including March 2.50 to 1.00 July 1830, 2004 1997: March 31, 1997 through and thereafter including June 29, 1998: 2.25 to 1.00 June 30, 1998 and thereafter: 2.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: date (or, if such date is not set forth below, the most recent of the dates set forth below): Period Ratio March 31, 2001 4.75 to 1.00 June 30, 2001 4.75 to 1.00 September 30, 2001 4.50 to 1.00 December 2931, 2001 3.75 to 1.00 March 31, 2002 through April 14, 2003 2.75 3.50 to 1.00 April 15June 30, 2003 through July 122002 3.25 to 1.00 September 30, 2003 2002 3.00 to 1.00 July 13December 31, 2003 through January 3, 2004 2.75 2002 3.00 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 and Each fiscal quarter end thereafter 2.00 3.00 to 1.00

Senior Leverage Ratio. The Unless and until the Senior Notes have been issued, the Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December ------ ----- September 30, 1999 through September 29, 2002 2000 4.25 to 1.0 September 30, 2000 through April 14September 29, 2003 2.75 2001 4.0 to 1.00 April 151.0 September 30, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2001 and thereafter 2.00 3.75 to 1.001.0

Senior Leverage Ratio. The Borrower will not permit As measured at the Senior Leverage Ratio as end of any date each fiscal quarter during any period set forth below to be in excess of below, the ratio set forth below opposite such periodSenior Leverage Ratio shall not exceed the following: Period Ratio September 30, 2004 through and including December 2931, 2002 through April 14, 2003 2.75 2004 3.25 to 1.00 April 15March 31, 2003 2005 through July 12and including June 30, 2003 2005 3.50 to 1.00 September 30, 2005 through and including March 31, 2006 3.25 to 1.00 June 30, 2006 through and including December 31, 2006 3.00 to 1.00 July 13March 31, 2003 2007 through January 3and including December 31, 2004 2.75 2007 2.95 to 1.00 January 4March 31, 2004 2008 through July 17and including December 31, 2004 2008 2.70 to 1.00 March 31, 2009 through and including the Maturity Date 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of for any date during any period Test Period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 2931, 2002 through April 142.25 to 1.00 March 31, 2003 2.75 2.25 to 1.00 April 15June 30, 2003 through July 122.25 to 1.00 September 30, 2003 3.00 2.25 to 1.00 July 13December 31, 2003 through January 32.25 to 1.00 March 31, 2004 2.75 2.00 to 1.00 January 4June 30, 2004 through July 172.00 to 1.00 September 30, 2004 2.50 2.00 to 1.00 July 18December 31, 2004 and thereafter 2.00 to 1.00 March 31, 2005 and the last day of each Fiscal Quarter thereafter 1.75 to 1.00

Senior Leverage Ratio. The Borrower will shall not permit the Senior Leverage Ratio Ratio, as of the last day of any date fiscal quarter of the Companies during any period set forth below the following periods, to be in excess of greater than the ratio set forth below opposite such periodperiod below: Period Ratio September 30, 2011 and December 2931, 2002 through April 142011 4.75 to 1.0 March 31, 2003 2.75 2012 4.25 to 1.00 April 151.0 June 30, 2003 through July 122012 4.00 to 1.0 September 30, 2003 3.00 to 1.00 July 13, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 2012 and thereafter 2.00 3.50 to 1.001.0

Senior Leverage Ratio. The Borrower will not permit the Senior Leverage Ratio as of any date during any period set forth below to be in excess of exceed the ratio set forth below opposite such period: Period Ratio December 29, 2002 ------ ----- Effective Date through April 14and including June 30, 2003 2.75 4.50 to 1.00 April 15July 1, 2003 through July 12and including December 31, 2003 4.25 to 1.00 January 1, 2004 through and including December 31, 2004 4.00 to 1.00 January 1, 2005 through and including December 31, 2005 3.00 to 1.00 July 13January 1, 2003 through January 3, 2004 2.75 to 1.00 January 4, 2004 through July 17, 2004 2006 and thereafter 2.50 to 1.00 July 18, 2004 and thereafter 2.00 to 1.00

Senior Leverage Ratio. The (a) Prior to any Acquisition or Investment pursuant to Section 7.6(d)(F) hereof, the Borrower will shall not at any time permit the Senior Leverage Ratio as of any date during any period to exceed the ratios set forth below to be in excess of during the ratio set forth below opposite such periodperiods indicated: Period Ratio December January 1, 1997 through June 29, 2002 1997 5.50:1 June 30, 1997 through April 14September 29, 2003 2.75 to 1.00 April 151997 5.00:1 September 30, 2003 1997 through July 12June 29, 2003 3.00 to 1.00 July 131998 4.50:1 June 30, 2003 1998 through January 3June 29, 2004 2.75 to 1.00 January 41999 4.00:1 Period Ratio June 30, 2004 through July 17, 2004 2.50 to 1.00 July 18, 2004 1999 and thereafter 2.00 to 1.003.50:1

Senior Leverage Ratio. The At all times, the Borrower will shall not permit the its Senior Leverage Ratio as of any date during any period to exceed the ratios set forth below to be in excess of during the ratio set forth below opposite such periodperiods indicated: Period Senior Leverage Ratio December Agreement Date through March 30, 2002 4.60:1.00 March 31, 2002 through September 29, 2002 4.50:1.00 September 30, 2002 through April 14, 2003 2.75 to 1.00 April 15, 2003 through July 12, 2003 3.00 to 1.00 July 13, 2003 through January 3June 29, 2004 2.75 to 1.00 January 44.25:1.00 June 30, 2004 through July 17December 30, 2004 2.50 to 1.00 July 184.00:1.00 December 31, 2004 and thereafter 2.00 to 1.003.75:1.00