“DSCR” means, for each Testing Period, the quotient obtained by dividing # the sum of Net Income, Depreciation, Amortization, Interest Expense, plus, to the extent determined by the Lender in its sole discretion, other non-cash expenses and Extraordinary non-recurring expenses by (b) (i) CPLTD not including Balloon Maturities for the Testing Period, # the current portion of Capital Leases plus # Interest Expense.

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.

testing availability under baskets set forth in this Agreement (including baskets measured as a percentage of Consolidated Total Assets);

Seller shall use commercially reasonable efforts to become a qualified supplier of Components pursuant to Buyer’s current qualification program plan (“QPP”). The QPP includes without limitation static and edge fatigue testing (Fatigue Testing”) of a Component. Notwithstanding any conflicting provision in this Agreement, when Seller manufactures a Component that successfully meets the first piece qualification standard under the QPP, Buyer hereby authorizes and Seller hereby agrees to begin normal production of Components (“First Produced Blades”) prior to the completion of the QPP and Fatigue Testing. […​…]. Such costs shall include, without limitation, inspection and repair, but shall not include any removal, replacement, installation or transportation costs. […​…].

(m) shall apply. Furthermore, if the Plan includes Employer matching contributions subject to ACP testing, then Section 4. 3(m)

#[[Party:Organization]] will perform droop testing to verify the droop curve and verify that the DCIS changes are effective once made.

#[[Party:Organization]] to stay on EMS during such testing unless directed otherwise by System Operation Control Center (no impact to availability).

§1.401(k)-2(c)(4), then any adjustments to the "NHCEs" ADP for the prior year will be made in accordance with such Regulations, if the Employer has elected in the Adoption Agreement to use the prior year testing method. Plans may be aggregated in order to satisfy Code §401(k) only if they have the same Plan Year and use the same ADP testing method.

may be fulfilled by furnishing to Agent the report filed by [[Borrower:Organization]] with the SEC on Form 10-K for the applicable fiscal year; and provided further that the foregoing Form 10-K shall be deemed to have been furnished to Agent on the date on which such information is available via the EDGAR system of the SEC on the Internet. In addition, during the period beginning on the date of a Financial Covenant Testing Triggering Event and ending on the date of the corresponding Financial Covenant Testing Satisfaction Event, the reports shall be accompanied by a Compliance Certificate; provided, however, that upon the occurrence of a Financial Covenant Testing Triggering Event, Borrowers shall deliver a Compliance Certificate to Agent corresponding to the fiscal quarter ended immediately prior to such Financial Covenant Testing Triggering Event for which Agent has received financial statements pursuant to this Section or [Section 9.8] hereof (as applicable).

the allocation in accordance with such provision. If the prior year testing method is used, then a Qualified Nonelective Cont ribution