Earnings Ratio Clause Samples
Earnings Ratio. Maintain a ratio of its EBITDA to its Fixed Charges greater than 2.5 to 1.0 calculated quarterly on a rolling four (4) quarter basis for the four (4) quarters immediately preceding the date of such calculation.
Earnings Ratio. Maintain a ratio of its EBITDA to its Fixed Charges of not less than 1.75 to 1.0 at March 31, 2000, calculated quarterly on a rolling four (4) quarter basis for the four (4) quarters immediately preceding the date of such calculation.
1. By its execution hereof, the Borrower hereby certifies to the Lender that as of the date hereof (i) all representations and warranties heretofore made by it under the Credit Agreement and the other Loan Documents are true in all material respects, (ii) the Borrower does not have or claim to have any offset, counterclaim, or defense to any of its obligations under the Credit Agreement or any of the Loan Documents, and (iii) in consideration of and to induce the Lender's agreement to the terms of this Third Amendment, the Borrower for itself and its successors and assigns, does hereby RELEASE, ACQUIT, and FOREVER DISCHARGE the Lender, its partners, officers, employees, agents, attorneys, other representatives, and all other persons (collectively, the "Indemnitees") who might be liable, from any and all claims, demands, liabilities, and causes of action of whatsoever nature, whether in contract or in tort, or arising under or by virtue of any statute, rule, regulation, or other laws, for all losses and damages, including but not limited to exemplary and punitive damages, that have accrued or may ever accrue to the Borrower and its successors and assigns, and which arise out of, result from, or are caused by any act or omission of any one or more of the Indemnitees on or prior to the date hereof in connection with the Loan, the Loan Documents, this Third Amendment, or any matter or thing in connection therewith or related thereto.
2. Except as expressly set forth herein, all terms and provisions of the Credit Agreement are hereby confirmed as in full force and effect. The Borrower expressly agrees by its execution hereof that all benefits created and conferred by the Credit Agreement cover and extend to all obligations evidenced and created by the Note, the Credit Agreement as amended hereby, and all renewals, extensions, and modifications thereof, in whole or in part. All terms with their initial letters capitalized herein and not otherwise defined herein have the same meanings set forth in the Credit Agreement.
3. Subject to satisfaction of the requirements for the effectiveness of this Third Amendment, as set forth in paragraph 4 hereof, and the agreement of the Borrower to the terms and provisions in this Third Amendment, ...