Financial Covenant. (a) Solely in respect of the Revolving Credit Facility, permit the First Lien Net Leverage Ratio as of the last day of any such fiscal quarter of ESI to exceed 5.00 to 1.00 provided that, notwithstanding the foregoing, the financial covenant set forth in this [Section 8.10] shall be tested as of the last day of any such fiscal quarter only in the event that, on the last day of such fiscal quarter, the Total Outstandings (excluding Letters of Credit which have been Cash Collateralized in accordance with this Agreement) is greater than 30.0% of the Total Revolving Credit Commitments (such occurrence, a “Triggering Event”).
Financial Covenant. (a) Solely in respect of the Revolving Credit Facility, permit the First Lien Net Leverage Ratio as of the last day of any such fiscal quarter of ESI to exceed 5.00 to 1.00 provided that, notwithstanding the foregoing, the financial covenant set forth in this [Section 8.10] shall be tested as of the last day of any such fiscal quarter only in the event that, on the last day of such fiscal quarter, the Total Outstandings (excluding Letters of Credit which have been Cash Collateralized in accordance with this Agreement) is greater than 30.0% of the Total Revolving Credit Commitments (such occurrence, a “Triggering Event”).
Section # Financial Covenant. (a) Solely in respectExcept with the written consent of the Required Revolving Credit Facility,, the Lead Borrower will not permit the Consolidated First Lien Net Leverage Ratio as of the last day of any such fiscal quarter of ESIa Test Period (commencing with the Test Period ending on or about ) to exceed 5.0075 to 1.00 provided that, notwithstanding(the “Financial Covenant”) (provided that the foregoing, the financial covenant set forth inprovisions of this [Section 8.10]7.09] shall not be tested as of the last day ofapplicable to any such fiscal quarter only in the event that,Test Period if on the last day of such fiscal quarter,Test Period the Total Outstandingsaggregate principal amount of Revolving Credit Loans (excluding, for the first three Test Periods following the Closing Date, any Revolving Credit Loans applied to finance Transaction Expenses), Swing Line Loans and/or Letters of Credit (excluding up to of Letters of Credit and other Letters of Credit which have been Cash Collateralized in accordance with this Agreement)or backstopped by a letter of credit reasonably satisfactory to the applicable L/C Issuer) that are issued and/or outstanding is greaterequal to or less than 30.0%35% of the Total Revolving Credit Commitments (such occurrence,Facility). In the event that any Accounting Change shall occur which would have resulted in the Financial Covenant not having been set at the same cushion to Consolidated EBITDA for the most recent Test Period then ended prior to such Accounting Change, then the Financial Covenant shall be recalculated to maintain such cushion; provided that, for the avoidance of doubt, and notwithstanding the foregoing, in no event shall the Financial Covenant be adjusted to a “Triggering Event”).level below 5.75 to 1.00.
Section # Financial Covenant. (a) Solely in respectExcept with the written consent of the Required Revolving Credit Facility,, the Borrower will not permit the Consolidated First Lien Net Leverage Ratio as of the last day of any such fiscal quarter of ESIa Test Period (commencing with the Test Period ending on or about ) to exceed 5.007.50 to 1.00 provided that, notwithstanding(the “Financial Covenant”) (provided that the foregoing, the financial covenant set forth inprovisions of this [Section 8.10][Section 7.11] shall not be tested as of the last day ofapplicable to any such fiscal quarter only in the event that,Test Period if on the last day of such fiscal quarter,Test Period the Total Outstandingsaggregate principal amount of Revolving Credit Loans, Swing Line Loans and/or Letters of Credit (excluding up to of Letters of Credit and other Letters of Credit which have been Cash Collateralized in accordance with this Agreement)or backstopped by a letter of credit reasonably satisfactory to the applicable L/C Issuer) that are issued and/or outstanding is greaterequal to or less than 30.0%35% of the Total Revolving Credit Commitments (such occurrence,Facility). In the event that any Accounting Change shall occur which would have resulted in the Financial Covenant not having been set at the same cushion to Consolidated EBITDA for the most recent Test Period then ended prior to such Accounting Change, then the Financial Covenant shall be recalculated to maintain such cushion; provided that, for the avoidance of doubt, and notwithstanding the foregoing, in no event shall the Financial Covenant be adjusted to a “Triggering Event”).level below 7.50 to 1.00.
Solely inwith respect ofto any Credit Extension under the Revolving Credit Facility, permit the First Lien Net Leverage Ratioif as of the last day of any such fiscal quarter of ESI to exceed 5.00 to 1.00 provided that, notwithstanding the foregoing, the financial covenant set forth in this [Section 8.10] shall be tested as of the last day of any such fiscal quarter only in the event that, on the last daydate of such fiscal quarter,Credit Extension and after giving effect thereto, the Total Outstandings (excluding Letters of Credit which have been Cash Collateralized in accordance with this Agreement) is greater thanshall exceed 30.0% of the Total Revolving Credit Commitments (such occurrence, a “Triggering Event”)Commitments, the financial covenant set forth in [Section 8.10(a)] shall be satisfied, calculated at the time of such Credit Extension by looking back to the last day of the prior fiscal quarter to determine if ESI would have been in compliance with the financial covenant set forth in [Section 8.10(a)] as of such fiscal quarter end as if the financial covenant had been tested for such fiscal quarter (after giving pro forma effect to such Credit Extension).
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