Common use of Limitation on Incurrence of Indebtedness Clause in Contracts

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Ratio for the last full fiscal quarter immediately preceding the date such additional Indebtedness is issued would have been at least 3.5 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such quarter had been issued at the beginning of such quarter.

Appears in 2 contracts

Sources: Indenture (Ameriking Inc), Indenture (Ameriking Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.0 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four-quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four-quarter period had been issued at the beginning of such quarterfour-quarter period.

Appears in 2 contracts

Sources: Indenture (Ameriking Inc), Indenture (Ameriking Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.00 to 1, if such date is on or prior to November 15, 1998, and 2.25 to 1 thereafter, in each case determined on a Pro Forma Basis basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four-quarter period had been issued at the beginning of such quarterfour-quarter period.

Appears in 1 contract

Sources: Indenture (Motors & Gears Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.0 to 1 determined on a Pro Forma Basis basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four-quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four-quarter period had been issued at the beginning of such quarterfour-quarter period.

Appears in 1 contract

Sources: Indenture (Ameriking Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.0 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four quarter period had been issued at the beginning of such quarterfour quarter period.

Appears in 1 contract

Sources: Indenture (Gfsi Inc)

Limitation on Incurrence of Indebtedness. (a) The Company Holdings shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Holdings' Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 1.5 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four quarter period had been issued at the beginning of such quarterfour quarter period.

Appears in 1 contract

Sources: Indenture (Gfsi Holdings Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK Notes) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.0 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four quarter period had been issued at the beginning of such quarterfour quarter period.

Appears in 1 contract

Sources: Indenture (Gfsi Inc)

Limitation on Incurrence of Indebtedness. (a) The Company shall not, and shall not permit any Restricted Subsidiary to, issue any Indebtedness (other than the Indebtedness represented by the Credit Agreement, the Senior Notes and the Senior PIK NotesExchange Debentures) unless the Company's Consolidated Senior Leverage Cash Flow Coverage Ratio for the last its four full fiscal quarter immediately quarters next preceding the date such additional Indebtedness is issued would have been at least 3.5 2.0 to 1 determined on a Pro Forma Basis (including, for this purpose, any other Indebtedness incurred since the end of the applicable four- four-quarter period) as if such additional Indebtedness and any other Indebtedness issued since the end of such four-quarter period had been issued at the beginning of such quarterfour-quarter period.

Appears in 1 contract

Sources: Indenture (Ameriking Inc)