Examples of Covenant Holiday in a sentence
After the completion of any Covenant Holiday, no subsequent new Trigger Quarter shall be permitted to occur for purposes of this Section 6.1 unless and until the Borrower shall demonstrate compliance with the Consolidated Total Net Leverage Ratio (absent any Covenant Holiday) as of the end of at least one Fiscal Quarter after any such Covenant Holiday’s completion.
The Issuer hereby expressly acknowledges and agrees that the Covenant Holiday STID Proposal and the derogations to the CTA, provided for under paragraph 2.2.2 above and any Financial Ratio Breach (other than with respect to the Total Debt CLCR and, for the avoidance of doubt, any Financial Ratio Breach during the Covenant Holiday Period) shall be resumed from the Interest Payment Date falling on December 31, 2021.
Upon expiry of the relevant Decision Period and subject to the relevant STID Proposalbeing approved, the Issuer requests that the Security Agent, without any delay, executes the STID Proposal Waiver Letter in order to give effect to the Covenant Holiday and/or, in due course, take such action as certified by the Issuer as being required to give effect to the Disposal of Concession Receivables, as the case may be.
This proposal is a STID Proposal with respect to a Covenant Holiday (as defined below) (the “ Covenant Holiday STID Proposal”) and with respect to the disposal on a non- recourse basis (pro soluto) by the Issuer of certain Concession Receivables (as further described below) (the “Disposal of Concession Receivables STID Proposal”, and together with the Covenant Holiday STID Proposal, the “STID Proposal”) for the purposes of Schedule 2 (STID Decision Making Protocol) of the STID.
Consequently, starting from January 1, 2022, the terms and conditions of the CTA shall apply in their entirety as they applied prior to the approval by the Qualifying Secured Creditors (through their Creditor Representatives) of this Covenant Holiday STID Proposal, except only that no Default or Event of Default under the CTA will be deemed to have occurred for any action or omission of the Issuer taken in compliance with the terms set out hereunder until the Interest Payment Date falling on June 30, 2021.
Thereafter, the Covenant Holiday will not be available again until the original Leverage Ratio has been complied with for at least two fiscal quarters.
Moreover, by means of the Covenant Holiday STID Proposal, the Issuer is also requesting that the Qualifying Secured Creditors (through their Creditor Representatives) agree to waive any Default and any Event of Default, that have arisen or would otherwise arise as a consequence of any Financial Ratio Breach (other than with respect to the Total Debt CLCR) during the Covenant Holiday.
If so elected, (i) the maximum Consolidated Leverage Ratio during the Covenant Holiday shall be equal to the applicable requirement set forth above plus 0.25, (ii) the period of each Covenant Holiday shall last no longer than three fiscal quarters (or such shorter period as Borrower may request), (iii) there shall be at least one fiscal quarter between Covenant Holidays, and (iv) there shall be no more than two Covenant Holidays during the term of this Agreement.
For the avoidance of doubt, the Issuer is proposing that the Covenant Holiday STID Proposal and the Disposal of Concession Receivables STID Proposal be treated as two different, distinct and separate STID Proposals and, accordingly, required Qualifying Secured Creditors will be required to express their vote separately on each of the same.
There will be no discrimination on the basis of race, sex, sexuality and sexual orientation.