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Testing contract clause examples

Each Borrower covenants and agrees that, until termination of all of the Commitments and payment in full of the Obligations, during any Covenant Testing Period, the Loan Parties shall not permit the Fixed Charge Coverage Ratio, as of the last day of any fiscal month during such Covenant Testing Period and for any Measurement Period, to be less than 1.10 to 1.00.

Pursuant to [Section 6] of the Loan Agreement, Borrowers are required, among other things, to maintain a Fixed Charge Coverage Ratio of at least 1.00 to 1.00 as of the last day for (i) the six months ending March 31, 2015, (ii) the nine months ending June 30, 2015, (iii) the twelve months ending September 30, 2015, and (iv) the twelve months ending December 31, 2015 (collectively, the “Applicable Covenant Periods”).

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.

The Borrowers will not permit the Fixed Charge Coverage Ratio, as of the end of any calendar month for the twelve-month period then-ending, commencing with the calendar month-end for which financial statements have been delivered hereunder immediately preceding the date on which the Borrowers’ Availability is less than the greater of # $25,000,000 or # 20% of the lesser of # the Borrowing Base or # the Aggregate Revolving Commitment, to be less than 1.10 to 1.0. Once such covenant is in effect, compliance with the covenant will be discontinued, so long as no Default shall have occurred and be continuing on the day immediately succeeding the last day of the calendar month which includes the 30th consecutive day on which the Borrowers’ Availability remains in excess of the greater of # $25,000,000 or # 20% of the lesser of # the Borrowing Base or # the Aggregate Revolving Commitment.

Consolidated Fixed Charge Coverage Ratio. Borrower will not permit the Consolidated Fixed Charge Coverage Ratio for any Test Period ending on the last day of any fiscal quarter of Borrower to be less than 1.10:1.00.

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