Common use of Ratio of EBITDA to Interest Expense Clause in Contracts

Ratio of EBITDA to Interest Expense. The ratio of Consolidated EBITDA for any period of four fiscal quarters to Consolidated Interest Expense for such period (minus interest income included in Consolidated Net Income for such period) to be less than 2.50 to 1.0. Notwithstanding any of the provisions of this Agreement, the Company will not, and will not permit any Restricted Subsidiary to, enter into any transaction pursuant to paragraph 50, paragraph 6B, clauses (vii) and (viii) of ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇, clauses (i)(b), (i)(c), (ii)(b) and (iii) of paragraph 6G and paragraph 6I, if the consummation of any such transaction would result in a violation of clause (ii) or (iii) of this paragraph 6A, calculated for such purpose as of the date on which such transaction were to be consummated, both immediately before and after giving effect to the consummation of such transaction. All such calculations shall be made on a PRO FORMA basis in accordance with GAAP after giving effect to any such transaction, with the ratio recomputed as at the last day of the most recently ended fiscal quarter of the Company as if such transaction had occurred on the first day of the relevant four quarter period. In computing Consolidated EBITDA for the purposes of clauses (ii) and (iii) of this paragraph 6A there shall be added to Consolidated Net Income (in addition to the other adjustments provided for in the definition of Consolidated EBITDA) for the relevant period the sum of all non-recurring charges taken in connection with the Recapitalization Transaction to the extent such non-recurring charges were deducted in determining Consolidated Net Income for such period (but limited to an aggregate amount of not more than $20,000,000 for all periods of which not more than $7,500,000 of such charges shall be cash charges).

Ratio of EBITDA to Interest Expense. The ratio of Consolidated EBITDA for any period of four fiscal quarters to Consolidated Interest Expense for such period (minus interest income included in Consolidated Net Income for such period) to be less than 2.50 to 1.0. Notwithstanding any of the provisions of this Agreement, the Company will not, and will not permit any Restricted Subsidiary to, enter into any transaction pursuant to paragraph 505O, paragraph 6B, clauses (vii) and (viii) of ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇, clauses (i)(b), (i)(c), (ii)(b) and (iii) of paragraph 6G and paragraph 6I, if the consummation of any such transaction would result in a violation of clause (ii) or (iii) of this paragraph 6A, calculated for such purpose as of the date on which such transaction were to be consummated, both immediately before and after giving effect to the consummation of such transaction. All such calculations shall be made on a PRO FORMA basis in accordance with GAAP after giving effect to any such transaction, with the ratio recomputed as at the last day of the most recently ended fiscal quarter of the Company as if such transaction had occurred on the first day of the relevant four quarter period. In computing Consolidated EBITDA for the purposes of clauses (ii) and (iii) of this paragraph 6A there shall be added to Consolidated Net Income (in addition to the other adjustments provided for in the definition of Consolidated EBITDA) for the relevant period the sum of all non-recurring charges taken in connection with the Recapitalization Transaction to the extent such non-recurring charges were deducted in determining Consolidated Net Income for such period (but limited to an aggregate amount of not more than $20,000,000 for all periods of which not more than $7,500,000 of such charges shall be cash charges).