Financial Incurrence Tests definition

Financial Incurrence Tests has the meaning set forth in Section 1.05(c).
Sample 1Sample 2
Financial Incurrence Tests. 410 “Declined Other Excess Proceeds” 121 67 1010271152v11010271152_5.doc 201 “Subsidiary Guaranteed Obligations” 1301 Defined in Section “Successor Company” “Reporting Date” 501 “Regulation S Global Notes” 405 “Successor Holding Company” 1410 201 “Suspended Covenants” “Restricted Payment” 416 409 “Suspension Date” 416 “Suspension Period” “Reversion Time” 416 “Regulation S Note Exchange Date” 416 “Temporary Regulation S Global Notes” “Refunding Capital Stock” 201 313 “Total Leverage Ratio Tested Committed Amount” “Rule 144A Global Notes” 407 Term 201 “Treasury Capital Stock” 409 409 “Trustee” “Rule 144A Physical Notes” 1205 “Regulation S Physical Notes” Section 103. Rules of Construction. For all purposes of this Indenture, except as otherwise expressly provided or unless the context otherwise requires: (1) the terms defined in this Indenture have the meanings assigned to them in this Indenture; (2) “or” is not exclusive; (3) all accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (4) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision; (5) all references to “$” or “dollars” shall refer to the lawful currency of the United States of America; (6) the words “include,” “included” and “including,” as used herein, shall be deemed in each case to be followed by the phrase “without limitation,” if not expressly followed by such phrase or the phrase “but not limited to”; (7) words in the singular include the plural, and words in the plural include the singular; 201
Sample 1
Financial Incurrence Tests as defined in Subsection 1.2(p). “Financing Disposition”: any sale, transfer, conveyance or other disposition of, or creation or incurrence of any Lien on, property or assets (a) by the Borrower or any Subsidiary thereof to or in favor of any Special Purpose Entity, or by any Special Purpose Subsidiary, in each case in connection with the Incurrence by a Special Purpose Entity of Indebtedness, or obligations to make payments to the obligor on Indebtedness, which may be secured by a Lien in respect of such property or assets or (b) by the Borrower or any Subsidiary thereof to or in favor of any Special Purpose Entity that is not a Special Purpose Subsidiary. “Financing Lease”: any lease of property, real or personal, the obligations of the lessee in respect of which are required to be classified and accounted for as a financing lease (and not, for the avoidance of doubt, as an operating lease) on the balance sheet of such lessee for financial reporting purposes in accordance with GAAP prior to the adoption of Accounting Standards Update No. 2016-02, Leases (Topic 842) by the Financial Accounting Standards
Sample 1

Related to Financial Incurrence Tests

  • Incurrence Test means the incurrence test set out in Clause 12.1 (Incurrence Test).

  • Base Case A statement of the technical, economic and tax assumptions relating to the Project in the form of a run of the Financial Model as updated from time to time.

  • Pro Forma Compliance Certificate means a certificate of a Responsible Officer of the Borrower containing reasonably detailed calculations of the financial covenants set forth in Section 7.11 recomputed as of the end of the period of the four fiscal quarters most recently ended for which the Borrower has delivered financial statements pursuant to Section 6.01(a) or (b) after giving effect to the applicable transaction on a Pro Forma Basis.

  • Pro Forma Compliance means, with respect to any transaction, that such transaction does not cause, create or result in a Default after giving Pro Forma Effect, based upon the results of operations for the most recently completed Measurement Period to (a) such transaction and (b) all other transactions which are contemplated or required to be given Pro Forma Effect hereunder that have occurred on or after the first day of the relevant Measurement Period.

  • Demonstration project means one of the following projects:

  • Stand-Alone Test Environment or "SATE" shall have the meaning set forth in Section 12.2.9.3.2.

  • Borrowing Base Test means a test that will be satisfied on any date of determination if the following is true: Where: Advance Rate = 55%.

  • LCT Test Date shall have the meaning provided in Section 1.12(b).

  • business acquisition report means a completed Form 51-102F4 Business Acquisition Report;

  • Collateral Quality Tests means the Collateral Quality Tests set out in the Investment Management Agreement being each of the following:

  • Latest Projections means: (a) on the Closing Date and thereafter until the Agent receives new projections pursuant to Section 7.2(f), the projections of the Borrower’s financial condition, results of operations, and cash flows, for the period commencing on April 1, 2009 and ending on March 31, 2010 and delivered to the Agent prior to the Closing Date; and (b) thereafter, the projections most recently received by the Agent pursuant to Section 7.2(f).

  • Financial Monitoring Report or “FMR” means each report prepared in accordance with Section 4.02 of this Agreement;

  • Repeat compliance period means any subsequent compliance period after the initial compliance period.

  • Expansion Capital Expenditures means cash expenditures for Acquisitions or Capital Improvements. Expansion Capital Expenditures shall include interest (including periodic net payments under related interest rate swap agreements) and related fees paid during the Construction Period on Construction Debt. Where cash expenditures are made in part for Expansion Capital Expenditures and in part for other purposes, the General Partner shall determine the allocation between the amounts paid for each.

  • Baseline concentration means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is deter- mined for each pollutant for which a minor source baseline date is estab- lished and shall include:

  • Collateral Quality Test means a test that is satisfied if, as of any date of determination, in the aggregate, the Collateral Loans owned (or, in relation to a proposed purchase of a Collateral Loan, both owned and proposed to be owned) by the Borrower satisfy each of the tests set forth below, calculated, in each case, in accordance with Section 1.04:

  • Operational Acceptance Tests means the tests specified in the Technical Requirements and Agreed Project Plan to be carried out to ascertain whether the System, or a specified Sub system, is able to attain the functional and performance requirements specified in the Technical Requirements and Agreed Project Plan, in accordance with the provisions of GCC Clause 27.2 (Operational Acceptance Test).

  • Pro Forma Cost Savings means, with respect to any four-quarter period, the reduction in net costs and expenses that: