Examples of Minimum Aggregate Availability Period in a sentence
During any Level 1 Minimum Aggregate Availability Period the Loan Parties will not permit the Fixed Charge Coverage Ratio as of the last day of any Test Period (including the last Test Period prior to the commencement of such Minimum Aggregate Availability Period for which financial statements for the quarter or fiscal year then ended have been (or have been required to be) delivered pursuant to Section 5.01(a) or 5.01(b), as applicable) to be less than 1.00 to 1.00.
Two such field examinations per calendar year shall be performed by the Administrative Agent and shall be at the sole expense of the Loan Parties; provided that there shall be no limitation on the number or frequency of field examinations at the sole expense of the Loan Parties (a) during any Level 1 Minimum Aggregate Availability Period or (b) if an Event of Default shall have occurred and be continuing.
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During any Level 2 Minimum Aggregate Availability Period the Loan Parties will not permit the Fixed Charge Coverage Ratio as of the last day of any Test Period (including the last Test Period prior to the commencement of such Minimum Aggregate Availability Period for which financial statements for the quarter or fiscal year then ended have been (or have been required to be) delivered pursuant to Section 5.01(a) or 5.01(b), as applicable) to be less than 1.00 to 1.00.
Two such field examinations per calendar year shall be at the sole expense of the Loan Parties; provided that there shall be no limitation on the number or frequency of field examinations at the sole expense of the Loan Parties (a) during any Level 1 Minimum Aggregate Availability Period or (b) if an Event of Default shall have occurred and be continuing.
Notwithstanding the foregoing, in addition to the appraisals permitted above, there shall be no limitation on the number of Inventory or real property appraisals (a) during any Level 1 Minimum Aggregate Availability Period or (b) if an Event of Default shall have occurred and be continuing.
During any Level 5 Minimum Aggregate Availability Period, the Loan Parties will not, nor will they permit any of their Subsidiaries to, incur or make any Capital Expenditures during any fiscal year of the Company in excess of $350,000,000.
Notwithstanding the foregoing, in addition to the appraisals permitted above, there shall be no limitation on the number of Inventory appraisals (a) during any Level 2 Minimum Aggregate Availability Period or (b) if an Event of Default shall have occurred and be continuing.
One such field examination per calendar year shall be performed by the Administrative Agent and shall be at the sole expense of the Loan Parties; provided that there shall be no limitation on the number or frequency of field examinations at the sole expense of the Loan Parties (a) during any Level 2 Minimum Aggregate Availability Period or (b) if an Event of Default shall have occurred and be continuing.