“Transaction Date” has the meaning specified in the definition of “Consolidated Fixed Charge Coverage Ratio”.
“Four Quarter Period” has the meaning specified in the definition of “Consolidated Fixed Charge Coverage Ratio”.
As of the Compliance Test Date shown above, the Fixed Charge Coverage Ratio is to 1.00
RE: Side Letter in Respect of Series J Equity Issuance and Calculation of Fixed Charge Coverage Ratio
“Consolidated Fixed Charge Coverage Ratio” means, as of any date of determination, the ratio of # Adjusted Consolidated EBITDA for the Measurement Period ending on such date, to # Fixed Charges for such Measurement Period.
Minimum Unencumbered Interest Coverage Ratio. Permit the Unencumbered Interest Coverage Ratio, as of the last day of any fiscal quarter of the Borrower, to be less than 1.75:1.00.
Notwithstanding anything to the contrary herein, financial ratios, tests and covenants, including the Leverage Ratio and the Fixed Charge Coverage Ratio shall be calculated in the manner prescribed by this Section 1.9.
effect to the payment, either # minimum Excess Availability at all times during such period of not less than fifteen percent (15%) of the Maximum Revolver Amount and that the Fixed Charge Coverage Ratio is at all times not less than 1.10 to 1.00 during such period, or # minimum Excess Availability at all times during such period of not less than twenty percent (20%) of the Maximum Revolver Amount, and
Notwithstanding anything to the contrary herein, Consolidated EBITDA and any financial ratio or test, including the Net Leverage Ratio and the Consolidated Fixed Charge Coverage Ratio shall be calculated in the manner prescribed by this Section 1.8; provided that, notwithstanding anything to the contrary in this Section 1.8, when calculating the Consolidated Fixed Charge Coverage Ratio for purposes of determining actual compliance (and not compliance on a Pro Forma Basis) with Section 6.1, the events described in this Section 1.8 that occurred subsequent to the end of the applicable Test Period shall not be given Pro Forma Effect.
The definition of “Fixed Charge Coverage Ratio” appearing in [Section 6.7(e)] of the Loan Agreement is hereby amended to read in its entirety as set forth below:
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