Examples of Specified Fiscal Quarter in a sentence
In addition, any Indebtedness so prepaid shall be deemed to remain outstanding for purposes of determining pro forma or actual compliance with the Specified Financial Covenant or for determining any pricing, financial covenant based conditions or baskets with respect to the covenants contained in this Agreement, in each case in the Specified Fiscal Quarter or subsequent periods that include such Specified Fiscal Quarter.
In addition, notwithstanding any mandatory prepayment of Obligations pursuant to Section 2.06(b)(iv), any Obligations so prepaid shall be deemed to remain outstanding for purposes of determining pro forma or actual compliance with the FCCR Financial Covenant or for determining any pricing, financial covenant based conditions or baskets with respect to the covenants contained in this Agreement, in each case in the Specified Fiscal Quarter or subsequent periods that include such Specified Fiscal Quarter.
Any and each increase to EBITDA as a result of the provisions of this Section 8.02 for any Specified Fiscal Quarter will remain included in EBITDA for each determination of EBITDA under this Agreement that includes such Specified Fiscal Quarter.
The Company will give written notice to the Administrative Agent of its intent to effectuate a Cure prior to its delivery to the Administrative Agent of the Compliance Certificate as required by Section 5.01(c) for the Specified Fiscal Quarter End.
The Credit Parties shall cause the Consolidated Leverage Ratio, (i) as of the end of any fiscal quarter (other than, during the First Amendment Period, any Specified Fiscal Quarter), to be equal to or less than sixty percent (60%) and (ii) during the First Amendment Period, as of the end of any Specified Fiscal Quarter, to be equal to or less than sixty-five percent (65%).
Upon such delivery, the Borrowers shall be deemed to have satisfied the requirements of Section 7.01 and/or Section 7.02, as applicable, as of the Specified Fiscal Quarter End with the same effect as though there had been no failure to comply therewith on such date, and the applicable breach or default of any such covenant that had occurred shall be deemed cured for purposes of this Agreement and the other Loan Documents.
If, after giving effect to the foregoing recalculations, the Borrowers shall then be in compliance with the requirements of the Specified Covenants, as applicable, the Company shall, prior to the end of the Cure Period, deliver to the Lender a recalculated Compliance Certificate for the periods ending on the Specified Fiscal Quarter End demonstrating compliance with the Specified Covenants and certifying that there exists no other Default.
The Credit Parties shall cause the Consolidated Unencumbered Leverage Ratio, (i) as of the end of any fiscal quarter (other than, during the First Amendment Period, any Specified Fiscal Quarter), to be equal to or less than sixty percent (60%) and (ii) during the First Amendment Period, as of the end of any Specified Fiscal Quarter, to be equal to or less than sixty-five percent (65%).
Any and each increase to Consolidated EBITDAR as a result of the provisions of this Section 7.02 for any Specified Fiscal Quarter will remain included in Consolidated EBITDAR for each determination of Consolidated EBITDAR under this Agreement that includes such Specified Fiscal Quarter in accordance with the definition of Consolidated EBITDAR.
The Cure Amount to be included in the calculation of Consolidated EBITDA in accordance with clause (a) of this Section 8.4 shall not be greater than the lesser of (x) $20,000,000 and (y) the minimum amount required to cause the Borrower to be in compliance with the applicable covenant set forth in Section 6.14(b), (c) and (d) in the applicable Specified Fiscal Quarter.