Incurrence Ratio. Incur (i)(x) any Incremental Term Loans or (y) any Incremental Equivalent Debt, in each case, in reliance on the Ratio Incremental Amount or (ii) or any Indebtedness pursuant to Section 7.02(n) or (s), unless in each case after giving effect thereto on a Pro Forma Basis, the Total Net Leverage Ratio does not exceed 5.00:1.00. The provisions of this Section 7.17 are for the benefit of the Revolving Credit Lenders only, and, notwithstanding anything to the contrary set forth in Section 10.01, the Required Revolving Lenders may (a) amend, waive or otherwise modify this Section 7.17, or the defined terms used in this Section 7.17 solely for purposes of the way such terms are used in this Section 7.17, or (b) waive any Default or Event of Default resulting from a breach of this Section 7.17, in each case under the foregoing clauses (a) and (b), without the consent of any Lenders other than the Required Revolving Lenders in accordance with the provisions of Section 10.01.
Appears in 2 contracts
Sources: Refinancing Amendment to Credit Agreement (Ciena Corp), Incremental Amendment Agreement (Ciena Corp)