Limitation on Debt Sample Clauses

Limitation on Debt. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, Incur any Debt; provided that the Company and any Subsidiary Guarantor may Incur Debt if after giving pro forma effect to the Incurrence of such Debt and the receipt and application of the proceeds thereof the Consolidated Coverage Ratio of the Company would be not less than 2.00 to 1.00. (b) Notwithstanding Section 4.9(a), the following Debt may be Incurred (collectively, the “Permitted Debt”): (1) Debt of the Company or any Restricted Subsidiary under one or more Debt Facilities and the issuance or creation of letters of credit and bankers’ acceptances thereunder (with letters of credit and bankers’ acceptances being deemed to have a principal amount equal to the face amount thereof) in an aggregate principal amount Incurred under this Section 4.9(b)(1) at any one time outstanding not to exceed the greater of (i) $175.0 million and (ii) the Borrowing Base, plus, in the event of any refunding, refinancing, renewal, replacement or extension of any such Debt, the aggregate amount of any discounts, commissions, premiums, fees and other costs and expenses related thereto; (2) Pari Passu Debt (other than the Notes (other than any Additional Notes)) of the Company or any Subsidiary Guarantor so long as at the time of Incurrence thereof the aggregate principal amount of Debt incurred and outstanding pursuant to this clause (2) does not exceed (I) an amount such that after giving pro forma effect to the incurrence of any such Debt and the application or intended application of proceeds thereof (but without giving effect to any simultaneous or substantially simultaneous incurrence in a single transaction, concurrent transaction or series of related transactions of any other Debt under any basket subject to a fixed Dollar limit (including by reference to a percentage of Consolidated Total Assets)), the Company has a Total Net Leverage Ratio of less than or equal to 1.70 to 1.00 as of the end of the most recently completed four consecutive fiscal quarters for which quarterly or annual financial statements are available, plus (II) without regard to the Total Net Leverage Ratio before or after the incurrence of such Debt, an amount equal to the greater of (i) $150.0 million and (ii) 8.0% of Consolidated Total Assets determined at the time of Incurrence, and in each case, Permitted Refinancing Debt in respect thereof (provided that in calculating the Debt incurred pursuant to this clause (2),...

Limitation on Debt. (a) The Company: (i) will not, and will not permit any of its Subsidiaries to, Incur any Debt; and (ii) will not, and will not permit any of its Subsidiaries to, Incur any Disqualified Stock, and will not permit any of its Subsidiaries to Incur any Preferred Stock (other than Disqualified Stock or Preferred Stock of Subsidiaries held by the Company or a Subsidiary, so long as it is so held); provided that the Company or any Subsidiary may Incur Debt or Disqualified Stock and any Subsidiary may Incur Preferred Stock if, (i) on the date of the Incurrence, after giving effect to the Incurrence and the receipt and application of the proceeds therefrom, the Interest Coverage Ratio is not less than 2.25 to 1.00, and the Leverage Ratio is not greater than 3.00 to 1.00 and (ii) no Default or Event of Default shall have occurred and be continuing. (b) Notwithstanding the foregoing, the Company and, to the extent provided below, any Subsidiary, as applicable, may Incur the following (“Permitted Debt”): (i) Debt of the Company or any Subsidiary to the Company or any Subsidiary so long as such Debt continues to be owed to the Company or a Subsidiary; provided, however, that; (A) any subsequent issuance or transfer of any Capital Stock or any other event that results in any such Subsidiary to which Debt is owed by the Company or another Subsidiary ceasing to be a Subsidiary or any subsequent transfer of any such Debt owed by the Company or a Subsidiary (except to the Company or a Subsidiary) shall be deemed, in each case, to constitute the Incurrence of such Debt by the Company thereof; (ii) Debt of the Company pursuant to the Notes (other than Additional Notes); (iii) Refinancing Debt in respect of: (A) Debt (other than Debt owed to the Company or any Subsidiary of the Company) Incurred pursuant to paragraph (a) above (it being understood that no Debt outstanding on the Issue Date is Incurred pursuant to such paragraph (a) above), or (B) Debt Incurred pursuant to this paragraph (b). (iv) Hedging Agreements of the Company or any Subsidiary entered into in the ordinary course of business for bona fide hedging purposes and not for speculation; (v) Debt consisting of letters of credit, banker’s acceptances, performance bonds, appeal bonds, surety bonds, bid bonds, customs bonds and other similar bonds and reimbursement obligations Incurred by the Company or any Subsidiary in the ordinary course of business securing the performance of contractual, franchise or license obli...

Limitation on Debt. Permit the total principal amount of all Debt of the Borrower and its Subsidiaries, determined on a consolidated basis and without duplication of liability therefor, at any time to exceed 65% of Capitalization determined as of the last day of the most recently ended fiscal quarter of the Borrower; provided, however, that for purposes of this Section 5.02(b), (i) “Debt” and “Capitalization” shall not include (A) Hybrid Securities, (B) any Debt of any Subsidiary of the Borrower that is Non-Recourse Debt and (C) Eligible Securitization Bonds, and (ii) “Capitalization” shall exclude changes to other comprehensive income resulting from (x) pension and other post-retirement benefits liability adjustments and (y) ▇▇▇▇-to-market non-cash adjustments relating to accounting for derivatives.

Limitation on Debt. Create, incur, assume or suffer to exist any Debt, except: (a) Indebtedness of any Credit Party to Agent and the Lenders under this Agreement and/or the other Loan Documents; (b) any Debt existing on the Effective Date and set forth in Schedule 8.1 attached hereto and any renewals or refinancing of such Debt (provided that (i) the aggregate principal amount of such renewed or refinanced Debt shall not exceed the aggregate principal amount of the original Debt outstanding on the Effective Date (less any principal payments and the amount of any commitment reductions made thereon on or prior to such renewal or refinancing), (ii) the renewal or refinancing of such Debt shall be on substantially the same or better terms as in effect with respect to such Debt on the Effective Date, and shall otherwise be in compliance with this Agreement, and (iii) at the time of such renewal or refinancing no Default or Event of Default has occurred and is continuing or would result from the renewal or refinancing of such Debt; (c) any Debt of Borrowers or any Subsidiary incurred to finance the acquisition of fixed or capital assets, whether pursuant to a loan or a Capitalized Lease provided that both at the time of and immediately after giving effect to the incurrence thereof (i) no Default or Event of Default shall have occurred and be continuing, and (ii) the aggregate amount of all such Debt at any one time outstanding (including, without limitation, any Debt of the type described in this clause (c) which is set forth on Schedule 8.1 hereof) shall not exceed $5,000,000, and any renewals or refinancings of such Debt on terms substantially the same or better than those in effect at the time of the original incurrence of such Debt; (d) Debt under any Hedging Transactions, provided that such transaction is entered into for risk management purposes and not for speculative purposes; (e) Debt arising from judgments or decrees not deemed to be a Default or Event of Default under subsection (g) of Section 9.1; (f) Debt owing to a Person that is a Credit Party, but only to the extent permitted under Section 8.7 hereof; (g) the Comerica Debt and the Subordinated Debt; (h) Debt arising under the Surety Agreements, provided that the Borrowers shall promptly terminate the Liberty Mutual Indemnity Agreement and any other Bond Documents related thereto following the completion of the construction projects set forth on Schedule 8.1(i); (i) additional unsecured Debt not otherwise described a...

Limitation on Debt. (a) The Issuer may not, and may not permit any Issuer Restricted Subsidiary to, directly or indirectly, Incur any Debt; provided, however, that (i) the Issuer or (ii) any Issuer Restricted Subsidiary that is a Guarantor and a Loan Proceeds Note Guarantor may incur any Debt if, after giving pro forma effect to such Incurrence and the receipt and application of the net proceeds thereof, no Default or Event of Default would occur as a consequence of such Incurrence or be continuing following such Incurrence and the Issuer Debt Ratio would be less than 5.75 to 1.0. (b) Notwithstanding the foregoing limitation, the Issuer or any Issuer Restricted Subsidiary may Incur any and all of the following (each of which shall be given independent effect): (i) Debt of the Issuer or any Issuer Restricted Subsidiary under the Securities issued on the Issue Date, any Note Guarantee in respect of the Securities issued on the Issue Date, the Loan Proceeds Note amended and restated in connection with the Securities issued on the Issue Date or any Loan Proceeds Note Guarantee in respect of the Loan Proceeds Note; (ii) Debt of the Issuer or any Issuer Restricted Subsidiary under Credit Facilities in an aggregate principal amount outstanding or available (together with the amount of (x) outstanding Securities issued on the Issue Date and (y) all refinancing Debt outstanding or available pursuant to clause (vi) below in respect of the Securities issued on the Issue Date and Debt previously Incurred pursuant to this clause (ii) (other than any Additional Refinancing Amount)) at any one time not to exceed the greater of (x) $5.011 billion and (y) 4.0 times Pro Forma Consolidated Cash Flow Available for Fixed Charges of the Issuer and the Issuer Restricted Subsidiaries for the four full fiscal quarters immediately preceding the Incurrence of such Debt for which the consolidated financial statements required to be delivered under Section 905 are available; (iii) Debt of the Issuer or any Issuer Restricted Subsidiary outstanding on the Measurement Date; (iv) Debt owed by (A) the Issuer to any Issuer Restricted Subsidiary, (B) any Issuer Restricted Subsidiary to the Issuer or any other Issuer Restricted Subsidiary, provided that in each case of clause (A) and (B), (x) upon the transfer, conveyance or other disposition by such Issuer Restricted Subsidiary or the Issuer of any Debt so permitted to a Person other than the Issuer or another Issuer Restricted Subsidiary or (y) if for any reas...

Limitation on Debt. The Borrower shall not have, incur, assume or otherwise become liable for, or permit any Subsidiary to have, incur, assume or otherwise become liable for, any Debt other than Permitted Debt.

Limitation on Debt. Borrower shall not, nor allow any Subsidiary to, create, incur, assume, become liable in any manner in respect of, or suffer to exist, any debt for borrowed money except: (a) debt, excluding debt created under this Agreement, not in excess of $500,000 (which amount shall not include any debt acquired by acquisition of another entity), calculated at the end of each quarter; (b) debt created under this Agreement; (c) debt secured by a purchase money security interest; or (d) federal fund purchases, federal reserve borrowings and advances from the Federal Home Loan Bank, calculated at the end of each fiscal quarter in an amount not to exceed fifteen percent (15%) of the Bank’s total assets, calculated at the end of each quarter; and (e) the Subordinated Debentures.

Limitation on Debt. 38 6.3. Limitation on Liens ........................................... 38 6.4. Prohibitions on Fundamental Changes ........................... 39 6.5. Limitation on Sale of Assets .................................. 39 6.6. Prohibitions on Acquisitions .................................. 40 6.7. Prohibition on Distributions .................................. 40 6.8. Limitation on Contingent Obligations .......................... 40 6.9. Transactions with Affiliates .................................. 40 6.10. Continuation of or Change in Business ......................... 40 6.11. Preservation of Status of Collateral .......................... 40

Limitation on Debt. Permit the total principal amount of all Debt of the Borrower and its subsidiaries, determined on a consolidated basis and without duplication of liability therefor, at any time to exceed 65% of Capitalization determined as of the last day of the most recently ended fiscal quarter of the Borrower; provided, however, that for purposes of this Section 5.02