Applicable Covenants definition

Applicable Covenants means, in connection with any determination required to be made by the Company with respect to its ability to comply with the Financial Covenants, the covenants set forth therein that are applicable at the time of determination.
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Applicable Covenants means, in connection with any determination required to be made by the U.S. Borrower with respect to its ability to comply with the covenants set forth in Section 9.01 through 9.03 inclusive, the covenants set forth therein that are applicable at the time of determination.
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Applicable Covenants means, in connection with any determination required to be made by the U.S. Borrower with respect to its ability to comply with the covenants set forth in Section 9.01 through 9.03 inclusive, the Revolving Facility A Financial Covenants (but only to the extent that there is any Revolving A Credit Exposure on the date of determination after giving effect to the event giving rise to the need for compliance) and, in any case, the Revolving Facility B Financial Covenants.
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Examples of Applicable Covenants in a sentence

  • Tenant represents to Landlord that attached as Exhibit A hereto is the true and complete copy of Amendment No. 9 which includes the Applicable Covenants as in effect on the Effective Date.

  • Actions taken by the Company and its Subsidiaries prior to the date a Triggering Event occurs shall not be subject to the Applicable Covenants with retroactive effect.

  • Each of the Lenders hereby consents to F.Y.I's and its Subsidiaries' non-compliance with the Applicable Covenants as specifically described above solely for the purpose of allowing the Dissolution to occur and agrees that such non-compliance with the Applicable Covenants (and only the Applicable Covenants) will not result in an Event of Default under the Credit Agreement.

  • The Borrower, the Obligated Parties and North Central (collectively the "Loan Parties") have requested that the Lenders waive the Defaults arising as a result of the failure of the Borrower to comply with the Applicable Covenants with respect to the transactions specifically described in clauses (a), (b) and (c) of this Section 3.1 (the "HBS Transactions").

  • Compliance with the Applicable Covenants with respect to the Restricted Payments made after the occurrence of a Triggering Event will be calculated in accordance with Section 3.04 of the Officers' Certificate as though such covenant had been in effect during the entire period of time from the Issue Date.

  • The Seller shall be in compliance with all Applicable Covenants (for so long as the related Other Financing Documents are in effect), shall provide to the Agent on the last day of each month a compliance certificate indicating, in reasonable detail, such compliance, and shall give the Agent notice within one (1) Business Day of the Seller’s discovery thereof, of any non-compliance with any Applicable Covenant.

  • On the Closing Date, Seller shall assign to the Companies, or designate the Companies as intended third beneficiaries under, any Applicable Covenants previously made to Seller (or any of its Affiliates other than the Companies) by any Company Employee in a written Employment Agreement, Purchase Agreement or other Contract.

  • Our choices will have real life consequences that may prove lifesaving or fatal for our patients.All of this became clear to me recently while working with my good friends and colleagues, Drs.

  • If any Triggering Event occurs and subsequently during any period of time (a) the Notes have the Specified Ratings from both Moody's and S&P and (b) no Default or Event of Default has occurred and is continuing, the Company and its Subsidiaries shall not be subject to the Applicable Covenants during such period of time.

  • The failure to comply with the Applicable Covenants for any other purpose at any other time shall constitute an Event of Default.


More Definitions of Applicable Covenants

Applicable Covenants means, collectively, (w) Sections 8.08(a), 8.09, 8.10 and 8.11 of the Credit Agreement as amended and restated in Amendment No. 9 thereto, (x) any comparable provisions included in any Replacement Credit Agreement, (y) subject to Paragraph 33(a) of the Lease, any amendment, modification or waiver thereof and (z) in each case, the related defined terms used in the Credit Agreement or Replacement Credit Agreement, as the case may be.
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Applicable Covenants means (i) any covenant to refrain from engaging in or otherwise competing with the business of owning, managing, operating and/or exploiting ATM’s and (ii) any covenant to refrain from soliciting the employees of the Companies or any employees of Seller that are engaged in the business of owning, managing, operating and/or exploiting ATM’s.
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Related to Applicable Covenants

  • Negative Covenants The Postpetition Financing Documents shall contain negative covenants of the Borrower acceptable to the Lender.

  • Transfer fee covenant means a declaration or covenant purporting to affect real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the covenant or declaration, or to their successors or assigns, upon a subsequent transfer of an interest in the real property.

  • Financial Covenants means the covenants set forth in Section 6.2.

  • Maintenance Covenant A covenant by any borrower to comply with one or more financial covenants (including without limitation any covenant relating to a borrowing base, asset valuation or similar asset-based requirement) during each reporting period, that exists regardless of whether or not such borrower has taken any specified action and includes a covenant that applies only when the related loan is funded.

  • Affirmative Covenants The following affirmative covenants, among others, if any, to be negotiated in the Senior Facilities Documentation, will apply (to be applicable to the Borrower and its restricted subsidiaries), subject to customary (consistent with the Documentation Precedent) and other baskets, exceptions and qualifications to be agreed upon: maintenance of corporate existence and rights; performance and payment of obligations; delivery of annual and quarterly consolidated financial statements (accompanied by customary management discussion and analysis and (annually) by an audit opinion from nationally recognized auditors that is not subject to any qualification as to scope of such audit or going concern) (other than solely with respect to, or resulting solely from an upcoming maturity date under any series of indebtedness occurring within one year from the time such opinion is delivered) (with extended time periods to be agreed for delivery of the first annual and certain quarterly financial statements to be delivered after the Closing Date) and an annual budget (it being understood that the public REIT reporting that includes the Borrower shall satisfy the Borrower’s reporting obligations so long as it includes a consolidating income statement and balance sheet for the Borrower); delivery of notices of default and material adverse litigation, ERISA events and material adverse change; maintenance of properties in good working order; maintenance of books and records; maintenance of customary insurance; commercially reasonable efforts to maintain ratings (but not a specific rating); compliance with laws; inspection of books and properties; environmental; additional guarantors and additional collateral (subject to limitations set forth under the captions “Guarantees” and “Security”); further assurances in respect of collateral matters; use of proceeds; and payment of taxes.

  • Incurrence Covenant means a covenant by any borrower to comply with one or more financial covenants (including without limitation any covenant relating to a borrowing base, asset valuation or similar asset-based requirement) only upon the occurrence of certain actions of the borrower, including a debt issuance, dividend payment, share purchase, merger, acquisition or divestiture.

  • Financial Covenant has the meaning specified in Section 7.08.

  • Covenants means the covenants set forth in Section 4 of this Agreement.

  • Additional Covenant means any covenant in respect of the financial condition or financial position of the Company, including, but not limited to, covenants that specify or require the maintenance of certain financial ratios applicable to the Company, and the default provision related thereto (regardless of whether such provision is labeled or otherwise characterized as a covenant or a default).

  • Covenant Relief Period means the period commencing on the Amendment No. 1 Effective Date and ending on and including December 31, 2022.

  • Financial Performance Covenants means the covenants of the Borrower set forth in Section 10.11.

  • Restrictive Covenant has the meaning set forth in Section 6(c).

  • Previously Absent Financial Maintenance Covenant means, at any time, any financial maintenance covenant that is not included in the Loan Documents at such time.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Financial Covenant Debt of any Person means Indebtedness of the type specified in clauses (a), (b), (d), (e), (f) and (h) of the definition of “Indebtedness,” non-contingent obligations of the type specified in clause (c) of such definition and Guaranty Obligations of any of the foregoing.

  • Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.

  • Initial compliance period means the three-year compliance period that begins January 1, 1993, except for the MCLs for dichloromethane, 1,2,4-trichlorobenzene, 1,1,2-trichloroethane, benzo(a)pyrene, dalapon, di(2-ethylhexyl)adipate, di(2-ethyl- hexyl)phthalate, dinoseb, diquat, endothall, endrin, glyphosate, hexachlorobenzene, hexachlorocyclopentadiene, oxamyl, picloram, simazine, 2,3,7,8-TCDD, antimony, beryllium, cyanide, nickel, and thallium, as they apply to a supplier whose system has fewer than 150 service connections, for which it means the three-year compliance period that began on January 1, 1996.

  • Covenant Compliance Event means, at any time, Availability is less than the greater of (i) ten percent (10%) of the Loan Cap and (ii) $15,000,000. The termination of a Covenant Compliance Event as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Covenant Compliance Event in the event that the conditions set forth in this definition again arise.

  • Restrictive Covenant Agreements has the meaning set forth in the Recitals.

  • Waiver Period means, for each applicable fee, the period of time from the initial effective date of the MIAX PEARL Fee Schedule until such time that the Exchange has an effective fee filing establishing the applicable fee. The Exchange will issue a Regulatory Circular announcing the establishment of an applicable fee that was subject to a Waiver Period at least fifteen (15) days prior to the termination of the Waiver Period and effective date of any such applicable fee.

  • Financial Performance Covenant means the covenant set forth in Section 6.11.

  • Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.

  • Minimum Balance Requirements The minimum balance to open the account is $5.00. If the balance falls below $5 at any time, the account may be closed. See Balance Computation Method above. Fees and Charges; Other Requirements: See our Schedule of Fees at xxxxxxx.xxx/xxxx. Dividends: See Disclosures Concerning Dividends above. Current rates are disclosed on the Credit Union’s website.

  • Termination Conditions means, collectively, (a) the payment in full in cash of the Obligations (other than (i) contingent indemnification obligations not then due and (ii) Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) and (b) the termination of the Commitments and the termination or expiration of all Letters of Credit under this Agreement (unless the Outstanding Amount of the L/C Obligations related thereto has been Cash Collateralized on terms reasonably acceptable to the applicable Issuing Bank, backstopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank or deemed reissued under another agreement reasonably acceptable to the applicable Issuing Bank).

  • Restrictive Covenants means the restrictive covenants contained in Section 13(c) hereof.