Common use of Consolidated Net Leverage Ratio Clause in Contracts

Consolidated Net Leverage Ratio. Permit the Consolidated Net Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than 3.50:1. Notwithstanding the foregoing, not more than two times after the Closing Date, the Borrower, by notice to the Administrative Agent, shall be permitted to increase the maximum permitted Consolidated Net Leverage Ratio to 4.00 to 1.00 in connection with any Permitted Acquisition occurring after the Closing Date for which the Cost of Acquisition (including, without duplication, the assumption or incurrence of indebtedness in connection with such Acquisition) is equal to or in excess of $50,000,000, which such increase shall be applicable for the fiscal quarter in which such Acquisition is consummated and the three consecutive fiscal quarters immediately thereafter; provided that, there shall be at least one full fiscal quarter following the cessation of the initial increase period, if any, during which no such increase shall be in effect before the Borrower may be permitted to invoke a second increase in the maximum Consolidated Net Leverage Ratio hereunder.

Consolidated Net Leverage Ratio. Permit the Consolidated Net Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than 3.50:13.75:1.00. Notwithstanding the foregoing, not more than two times after the Closing Amendment No. 5 Effective Date, the Borrower, by notice to the Administrative Agent, shall be permitted to increase the maximum permitted Consolidated Net Leverage Ratio to 4.00 to 1.00 in connection with any Permitted Acquisition or other Investment permitted hereunder occurring after the Closing Amendment No. 5 Effective Date for which the Cost of Acquisition (including, without duplication, the assumption or incurrence of indebtedness in connection with such AcquisitionPermitted Acquisition or other Investment) is equal to or in excess of $50,000,000, which such increase shall be applicable for the fiscal quarter in which such Permitted Acquisition or other Investment is consummated and the three four consecutive fiscal quarters immediately thereafter; provided that, there shall be at least one full fiscal quarter following the cessation of the initial increase period, if any, during which no such increase shall be in effect before the Borrower may be permitted to invoke a second increase in the maximum Consolidated Net Leverage Ratio hereunder.