Parent covenants and agrees that, until the termination of all of the Commitments and the payment in full of the Obligations, Parent and its Restricted Subsidiaries will maintain a Fixed Charge Coverage Ratio, calculated for each 12 month period ending on the first day of any Covenant Testing Period and the last day of each fiscal month occurring on or before the end of any Covenant Testing Period, in each case of at least 1.00 to 1.00.

Financial Covenants. Failure by any Borrower or any Guarantor to comply with any financial covenant set forth in [Section 8.4];

Financial Covenants. As of ​, Borrower shall be in compliance with the financial covenants contained in [Sections 9.08 and 9.09]9] on a Pro Forma Basis as if any Borrowing on the Effective Date had occurred on ​ (without netting the proceeds of any Borrowing on the Effective Date).

FINANCIAL COVENANTS. During the term of this Agreement, the ​ shall not violate, and shall not suffer or permit any of its Subsidiaries to violate, any of the following covenants (complete applicable financial covenant) or any Additional Financial Covenants on the Schedule. For purposes of this Section, if the ​ has any Subsidiaries all references to the ​ shall include the ​ and all of its Subsidiaries on a consolidated basis. Unless a different measurement period is specified, compliance for the financial covenants shall be required at all times.

Financial Covenants. The ​ will not permit # the Interest Coverage Ratio as of the last day of any fiscal quarter of the ​ to be less than 4.00:1.00 or # the Leverage Ratio as of the last day of any fiscal quarter of the ​ following the Closing Date to be greater than # 5.75:1.00 from the Closing Date until and including ​, and # 5.25:1.00 thereafter.

Financial Covenants. Clauses [[(b) and (c) of Section 8.12]2]] of the Credit Agreement are hereby deleted in their entirety and the following are inserted in their stead:

Financial Covenants. Notwithstanding anything to the contrary contained in Section ‎8.01, in the event that the Borrower fails to comply with the requirements of the financial covenants set forth in Section ‎6.15 as of the last day of any fiscal quarter for which such covenant is tested, until the expiration of the 10th Business Day subsequent to the Cure Specified Date for such fiscal quarter, the Borrower shall have the right to give written notice (the “Cure Notice”), on or prior to the 10th Business Day subsequent to such Cure Specified Date, to the Administrative Agent of the intent of the Borrower to issue Permitted Cure Securities for cash or otherwise contribute cash common equity and/or other Qualified Stock to the capital of the Borrower (collectively, the “Cure Right”) and, upon contribution of the net cash proceeds (such net cash proceeds, the “Cure Amount”) to the Borrower as cash common equity and/or other Qualified Stock after the Cure Specified Date for such fiscal quarter pursuant to the exercise by the Borrower of such Cure Right, which exercise shall be made after such Cure Specified Date on or before the 10th Business Day subsequent to such Cure Specified Date, the covenant set forth in Section ‎6.15 shall be recalculated giving effect to the following adjustments on a Pro Forma Basis:

Financial Covenants. Except with the consent of the Required Financial Covenant Lenders:

Financial Covenants. At all times prior to the Agreement Termination Date (and thereafter if expressly required), ​ shall promptly and fully perform, observe and comply with the provisions set forth in [Exhibit E].

Financial Reporting. ​ shall maintain a system of accounting established and administered in accordance with GAAP consistently applied, and furnish to ​, with a certification by the president, chief financial officer or designee as approved by ​ of the Financial Reporting Party (the following hereinafter referred to as the “Financial Statements”):

Financial Statements. BRPA or its counsel has been furnished with each of the following:

Financial Statements. The financial statements (including the notes thereto) of the Company and its consolidated subsidiaries included or incorporated by reference in the Registration Statement and the Prospectus fairly present in all material respects the financial position, results of operations, cash flows and changes in stockholders’ equity of the Company and its consolidated subsidiaries as of the dates and for the periods specified therein. Since the date of the latest of such financial statements, there has not been a Material Adverse Change. Such financial statements have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved (except as otherwise expressly disclosed in the notes thereto) and comply as to form with the applicable accounting requirements of Regulation S-X under the Securities Act. No other financial statements or supporting schedules are required to be included or incorporated by reference in the Registration Statement or the Prospectus.

Furnish to the Domestic Administrative Agent and each of the Lenders:

. The Borrower shall deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative Agent and the Required ​:

Financial Information. All financial data, including, without limitation, the statements of cash flow and income and operating expense, that have been delivered to ​ in connection with the Loan # are true, complete and correct in all material respects, # accurately represent the financial condition of the Property (or, if as to a Person, such Person) as of the date of such reports, and # to the extent prepared or audited by an independent certified public accounting firm, have been prepared in accordance with the Approved Accounting Method throughout the periods covered, except as disclosed therein. Except for Permitted Encumbrances, ​ does not have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments or unrealized or anticipated losses from any unfavorable commitments that are known to ​ and reasonably likely to have a materially adverse effect on the Property or the operation thereof for the purpose(s) set forth in [Section 3.1.26] hereof, except as referred to or reflected in said financial statements. Since the date of such financial statements, there has been no material adverse change in the financial condition, operation or business of ​ from that set forth in said financial statements.

The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal year ​ audited by Ernst & Young, L.L.P. present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended ​ present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

Financial Statements. The Administrative Agent shall have received # the audited Consolidated balance sheet of the Borrower and its Subsidiaries as of ​, ​ and ​ and the related audited statements of income and retained earnings and cash flows for the Fiscal Year then ended and # unaudited Consolidated balance sheet of the Borrower and its Subsidiaries as of ​ and related unaudited interim statements of income and retained earnings.

Financial Projections. The Administrative Agent shall have received pro forma Consolidated financial statements for the Borrower and its Subsidiaries, and projections prepared by management of the Borrower, of balance sheets, income statements and cash flow statements on a quarterly basis for the term of the Credit Facility, which shall not be materially inconsistent with any financial information or projections previously delivered to the Administrative Agent.

Each Loan Party agrees to reasonably cooperate with any request of ​ during the Term to exhibit and deliver to ​ and each ​ copies of any of such Loan Party's financial statements, trial balances or other accounting records in an accountant's or auditor's possession as is commercially reasonable, and to disclose to ​ and each ​ any information such accountants may have concerning such Loan Party's financial status and business operations, except as to any matters that may be legally privileged or subject to any obligation of confidentiality or non-disclosure on the part of any Loan Party under Applicable Laws. Each Loan Party hereby agrees to reasonably cooperate with any request of ​ to authorize all Governmental Bodies (and agrees to enter into any document and/or instrument to implement such authorization) to furnish to ​ and each ​ copies of reports or examinations relating to such Loan Party, whether made by such Loan Party or otherwise; however, ​ and each ​ will attempt to obtain such information or materials directly from such Loan Party prior to obtaining such information or materials from such accountants or Governmental Bodies.