Specified Financial Covenants Sample Clauses

Specified Financial Covenants. (A) After giving effect to such Acquisition and the incurrence or assumption of all Indebtedness in connection therewith, the covenants set forth in Sections 5.21 and 5.22(a), measured as of the last day of the Applicable Reference Period at such time (but with Liquidity and the TPB Pledged Stock Value each measured as of the date of, and immediately after giving effect to, such Acquisition) and determined on a pro forma basis as if such Acquisition had occurred (and all related Indebtedness had been incurred or assumed) on the first day of such Applicable Reference Period, shall be satisfied and (B) the Term Agent shall have received a certificate of a Responsible Officer of the Designated Borrower certifying compliance (with supporting calculations or other evidence) with the financial conditions set forth in this clause (ii); and
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Specified Financial Covenants. If at any time and from time to time after the date of the Closing, either Issuer or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under, or agrees to, any modification of or amendment or supplement to the Bank Credit Agreement in respect of or that contains provisions (the "SPECIFIED PROVISIONS") that are the same as or similar to the covenants set forth in Sections 10.5, 10.6 or 10.7 (as in effect from time to time after giving effect to this Section 9.8, the "SPECIFIED FINANCIAL COVENANTS"), and one or more of such Specified Provisions is more restrictive on the Issuers or any Subsidiary than the equivalent Specified Financial Covenants, then such equivalent Specified Financial Covenants shall, without any further action on the part of either Issuer, any Subsidiary or any holder of Notes, be deemed to be amended automatically to be as restrictive as the relevant Specified Provision as of the effective date of such Specified Provision; provided, however, that at all times subsequent to the date of the DOJ Settlement Payment, the required ratios of Consolidated Funded Debt to Consolidated EBITDA set forth in Section 10.5 shall each have a numerator that is the lesser of (i) the relevant numerator set forth in such section (as of the date of the Closing) or (ii) a numerator that is 0.25 higher than that specified in the Bank Credit Agreement (after giving effect to any applicable Specified Provision) for the relevant time period (after converting, if necessary, the ratios in the Bank Credit Agreement to the method of presentation in Section 10.5).
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Specified Financial Covenants. After giving effect to such Acquisition and the incurrence or assumption of all Indebtedness in connection therewith, the covenants set forth in Sections 5.21 and 5.22(a), measured as of the last day of the Applicable Reference Period at such time (but with Liquidity and the TPB Pledged Stock Value each measured as of the date of, and immediately after giving effect to, such Acquisition) and determined on a pro forma basis as if such Acquisition had occurred (and all related Indebtedness had been incurred or assumed) on the first day of such Applicable Reference Period, shall be satisfied;
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Specified Financial Covenants. During the term of this Agreement, ----------------------------- and thereafter for so long as there are any Obligations to Lender, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:
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Related to Specified Financial Covenants

  • Specific Financial Covenants During the term of this Agreement, and thereafter for so long as there are any Obligations to Lender, Borrower covenants that, unless otherwise consented to by Lender in writing, it shall:

  • Financial Covenant So long as any Loan shall remain unpaid, any Letter of Credit shall remain outstanding or any Lender shall have any Commitment hereunder, the Borrower will maintain a ratio of Consolidated Debt to Consolidated Capital of not greater than 0.65 to 1.00 as of the last day of each fiscal quarter.

  • Financial Covenants (a) The Borrower shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Borrower responsible for carrying out the Project or any part thereof. (b) The Borrower shall: (i) have the records and accounts referred to in paragraph (a) of this Section including those for the Special Account for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Association; (ii) furnish to the Association, as soon as available, but in any case not later than six months after the end of each such year, a certified copy of the report of such audit by said auditors, of such scope and in such detail as the Association shall have reasonably requested; and (iii) furnish to the Association such other information concerning said records, accounts and the audit thereof as the Association shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the Credit Account were made on the basis of statements of expenditure, the Borrower shall: (i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the Association has received the audit report for the fiscal year in which the last withdrawal from the Credit Account or payment out of the Special Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures; (iii) enable the Association’s representatives to examine such records; and (iv) ensure that such records and accounts are included in the annual audit referred to in paragraph (b) of this Section and that the report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals.

  • Certain Financial Covenants In addition to the covenants described in Section 5.1 and Section 5.2, so long as any Commitment remains in effect, any Advance is outstanding or any amount is owing to any Lender hereunder or under any other Loan Document, the Borrower will perform and comply with each of the covenants set forth on Schedule VI.

  • Financial Covenant Calculations The parties hereto acknowledge and agree that, for purposes of all calculations made in determining compliance for any applicable period with the financial covenants set forth in Section 6.7 and for purposes of determining the Applicable Margin, (i) after consummation of any Permitted Acquisition, (A) income statement items and other balance sheet items (whether positive or negative) attributable to the target acquired in such transaction shall be included in such calculations to the extent relating to such applicable period (including by adding any cost saving synergies associated with such Permitted Acquisition in a manner reasonably satisfactory to the Agent), subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness of a target which is retired in connection with a Permitted Acquisition shall be excluded from such calculations and deemed to have been retired as of the first day of such applicable period and (ii) after any Disposition permitted by Section 6.8), (A) income statement items, cash flow statement items and balance sheet items (whether positive or negative) attributable to the property or assets disposed of shall be excluded in such calculations to the extent relating to such applicable period, subject to adjustments mutually acceptable to Borrowers and the Agent and (B) Indebtedness that is repaid with the proceeds of such Disposition shall be excluded from such calculations and deemed to have been repaid as of the first day of such applicable period.

  • Special Covenants If any Company shall fail or omit to perform and observe Section 5.7, 5.8, 5.9, 5.11, 5.12, 5.13 or 5.15 hereof.

  • FINANCIAL COVENANTS OF THE BORROWER The Borrower covenants and agrees that, so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Bank has any obligation to make any Loans or the Agent has any obligation to issue, extend or renew any Letters of Credit:

  • Financial Covenants Required Actual Complies Maintain as indicated:

  • Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated: ____________________

  • Financial Covenant Required Actual Complies Maintain as indicated:

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