Common use of Additional Conditions to Revolving Loans Clause in Contracts

Additional Conditions to Revolving Loans. In the case of any request for a Revolving Loan borrowing pursuant to Section 2.1(b)(i) made after the Third Amendment Effective Date through and including December 31, 2023, the Administrative Agent shall have received evidence that (i) the Total Leverage Ratio (based on the calculation of the Total Leverage Ratio, including the definitions used therein, in effect prior to the Third Amendment Effective Date) as of such date is no greater than 2.50 to 1.00, and (ii) the Fixed Charge Coverage Ratio (based on the calculation of the Fixed Charge Coverage Ratio, including the definitions used therein, in effect prior to the Third Amendment Effective Date) as of such date is greater than or equal to 1.20 to 1.00, in each case, calculated on a Pro Forma Basis after giving effect to the requested Revolving Loan borrowing, such calculations to be reasonably satisfactory to the Administrative Agent. Each request for an Extension of Credit and each acceptance by the Borrower of any such Extension of Credit shall be deemed to constitute representations and warranties by the Credit Parties as of the date of such Extension of Credit that the conditions set forth above in paragraphs (a) through (e), as applicable, have been satisfied.

Appears in 2 contracts

Sources: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)