Maintain Fixed Charge Coverage Ratio Clause Samples
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Maintain Fixed Charge Coverage Ratio. On a Consolidated basis, maintain as of the end of each fiscal quarter a Fixed Charge Coverage Ratio of not less than 2.75 to 1.0, unless the remaining maturity of the Revolving Credit shall be less than 366 days, in which case such ratio shall be maintained at not less than 3.50 to 1.00.
Maintain Fixed Charge Coverage Ratio. The Servicer shall, on a Consolidated basis, maintain as of the end of each fiscal quarter a Fixed Charge Coverage Ratio of not less than 2.00 to 1.0.
Maintain Fixed Charge Coverage Ratio. The Servicer shall, on a Consolidated basis, maintain as of the end of each fiscal quarter a Fixed Charge Coverage Ratio of not less than 2.00 to 1.0. Other than the term “Servicer” which shall have the meaning given to it in this Agreement, capitalized terms used in this Exhibit A shall have the meanings given such terms in the Comerica Credit Agreement as in effect on the date of this Agreement. Credit Acceptance Corporation (the “Servicer”) under the Sale and Servicing Agreement, dated as of October 6, 2011 (the “Sale and Servicing Agreement”) among Credit Acceptance Auto Loan Trust 2011-1, Credit Acceptance Funding LLC 2011-1, W▇▇▇▇ Fargo Bank, National Association and Credit Acceptance Corporation, as the Servicer and in its individual capacity, pursuant to which the Servicer holds on behalf of the Trust, in each case for the benefit of the Noteholders and the Trust Collateral Agent certain [Dealer Agreements / Purchase Agreements] [Contracts] as described in the Sale and Servicing Agreement, hereby acknowledges receipt thereof, listed on Schedule A to said Sale and Servicing Agreement except as noted in the Exception List attached as Schedule I hereto.
Maintain Fixed Charge Coverage Ratio. On a Consolidated basis, maintain as of the end of each fiscal period, as applicable, shown in the most recent financial statement delivered by the Company pursuant to Section 7.3(b) and Section 7.3(c), as applicable, a Fixed Charge Coverage Ratio of not less than 2.0 to 1.0.
Maintain Fixed Charge Coverage Ratio. Beginning December 31, 2003, maintain as of the end of each fiscal year of Company a Fixed Charge Coverage Ratio of not less than 1.35 to 1.0.
Maintain Fixed Charge Coverage Ratio. Maintain as of the end of each fiscal quarter of Company a Fixed Charge Coverage Ratio of not less than the following amounts during the periods specified below: from the Closing Date through December 30, 1999....... .89 to 1.0 from December 31, 1999 through December 30, 2000...... .89 to 1.0 from December 31, 2000 through December 30, 2001...... .89 to 1.0 from December 31, 2001 through December 30, 2002...... .89 to 1.0 from December 31, 2002 through December 30, 2003...... .94 to 1.0 from December 31, 2003 and thereafter................. .98 to 1.0
Maintain Fixed Charge Coverage Ratio. On a Consolidated basis, maintain as of the end of each fiscal quarter a Fixed Charge Coverage Ratio of not less than 2.0 to 1.0, provided that for each of the testing periods ending June 30, 2020, September 30, 2020 and December 31, 2020, the Fixed Charge Coverage Ratio (and each of the components thereof) shall be calculated based on the GAAP accounting methodology used during the fiscal year ending December 31, 2019, without application of the CECL Methodology (whether or not the Company has adopted the CECL Methodology prior to the Relevant Testing Dates).”
3. This Sixth Amendment shall become effective (the “Sixth Amendment Effective Date”) according to the terms and as of the date hereof, upon satisfaction of the following conditions:
(a) receipt by the Agent of .pdf copies of counterpart originals of:
(i) this Sixth Amendment, duly executed and delivered by the Company and the Banks; and
(b) Company shall have paid to Agent and the applicable Banks all interest, fees and other amounts, if any, due and owing to the Agent and such Banks as of the Sixth Amendment Effective Date.
4. Company hereby certifies that (a) all necessary actions have been taken by the Company to authorize execution and delivery of this Sixth Amendment and (b) after giving effect to this Sixth Amendment, no Default or Event of Default has occurred and is continuing on the Effective Date.
5. The Company ratifies and confirms, as of the date hereof and after giving effect to the amendments contained herein, each of the representations and warranties set forth in Sections 6.1 through 6.19, inclusive, of the Credit Agreement and acknowledges that such representations and warranties are and shall remain continuing representations and warranties during the entire life of the Credit Agreement, except to the extent such representations and warranties speak only as of a specific date.
6. Except as specifically set forth above, this Sixth Amendment shall not be deemed to amend or alter in any respect the terms and conditions of the Credit Agreement, any of the Notes issued thereunder or any of the other Loan Documents, or to constitute a waiver by the Banks or Agent of any right or remedy under or a consent to any transaction not meeting the terms and conditions of the Credit Agreement, any of the Notes issued thereunder or any of the other Loan Documents.
7. Unless otherwise defined to the contrary herein, all capitalized terms used in this Sixth Amendment shall have the meaning set fort...
Maintain Fixed Charge Coverage Ratio. 67 7.8 Inspections................................................................................ 67 7.9 Taxes...................................................................................... 68 7.10
Maintain Fixed Charge Coverage Ratio. Maintain, as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio of not less than the following amounts for the periods specified below: December 31, 1999 through March 30, 2000 1.25 to 1.0 March 31, 2000 through September 29, 2000 1.30 to 1.0 September 30, 2000 through June 29, 2001 1.35 to 1.0 June 30, 2001 and thereafter 1.45 to 1.0"
8. Pursuant to Section 8.8 of the Agreement, Borrowers were required to maintain as of the end of each fiscal quarter, a Consolidated Net Worth of not less than the Consolidated Base Net Worth. Borrowers have advised Banks that for the fiscal quarter ending June 30, 1999 Consolidated Net Worth was less than the Consolidated Base Net Worth and that for the fiscal quarter ending September 30, 1999, Consolidated Net Worth may be less than Consolidated Base Net Worth. Banks hereby waive the default under the Agreement which arose, or may arise, as a result of noncompliance with Section 8.8 of the Agreement as of June 30, 1999 and September 30, 1999. Except as expressly provided for herein, nothing set forth in this Amendment and Waiver shall constitute a waiver of any term or condition of the Agreement, any default arising thereunder or any right or remedy of Banks provided thereunder or as provided by law.
9. Pursuant to Section 8.9 of the Agreement, Borrowers were required to maintain as of the end of each fiscal quarter for the fiscal year ending December 31, 1999, a Funded Debt to EBITDA Ratio of not more than 3.75 to 1.0. Borrowers have advised Banks that for the fiscal quarters ending March 31, 1999 and June 30, 1999, the Funded Debt to EBITDA Ratio was more than 3.75 to 1.0 and that for the fiscal quarter ending September 30, 1999, the Funded Debt to EBITDA Ratio may be more than 3.75 to 1.0. Banks hereby waive the defaults under the Agreement which arose, or may arise, as a result of noncompliance with Section 8.9 of the Agreement as of March 31, 1999, June 30, 1999 and September 30, 1999. Except as expressly provided for herein, nothing set forth in this Amendment and Waiver shall constitute a waiver of any term or condition of the Agreement, any default arising thereunder or any right or remedy of Banks provided thereunder or as provided by law.
10. Pursuant to Section 8.10 of the Agreement, Borrowers were required to maintain as of the end of each fiscal quarter, a Fixed Charge Coverage Ratio of not less than 1.45 to 1.0. Borrowers have advised Bank that for the fiscal quarter ending June 30, 1999 the Fi...
Maintain Fixed Charge Coverage Ratio. On a Consolidated basis, maintain as of the end of each fiscal quarterperiod, as applicable, shown in the most recent financial statement delivered by the Company pursuant to Section 7.3(b) and Section 7.3(c), as applicable, a Fixed Charge Coverage Ratio of not less than 2.0 to 1.0, provided that for each of the testing periods ending June 30, 2020, September 30, 2020 and December 31, 2020, the Fixed Charge Coverage Ratio (and each of the components thereof) shall be calculated based on the GAAP accounting methodology used during the fiscal year ending December 31, 2019, without application of the CECL Methodology (whether or not the Company has adopted the CECL Methodology prior to the Relevant Testing Dates).