Examples of Incurrence Test in a sentence
All Line Advances shall be conditioned on the satisfaction of the Incurrence Test defined in Section 9.1(vii) herein.
The Administrative Agent shall have received evidence that, after giving pro forma effect to such Extension of Credit, the Credit Parties are in compliance with the Incurrence Test, such evidence to include calculations in reasonable detail required to demonstrate the Total Leverage Ratio.
Notwithstanding anything to the contrary herein, with respect to any amounts incurred or transactions entered into (or consummated) in reliance on a Financial Incurrence Test, such Financial Incurrence Test shall be calculated without giving effect to, and shall disregard, any Indebtedness concurrently incurred under any revolving credit facility in connection with such amount incurred or transaction entered into.
The evidence presented established that it would have been impossible for GAAP-compliant financial statements for the fourth quarter of 2006 to be created prior to the January 3, 2007 closing date of the Sands Acquisition, and the Indenture Trustee’s claim that the debt incurred for the Sands Acquisition violated the Debt Incurrence Test (as defined in the Indentures) is not plausible.
The "Merger, Consolidation, or Sale of Assets" section of the Series E Certificate restricts the Company's ability to merge unless the Incurrence Test is satisfied and no Default or Event of Default is then existing.