Common use of Relationship of Total Outstanding Indebtedness to Capitalization Value Clause in Contracts

Relationship of Total Outstanding Indebtedness to Capitalization Value. As of the last day of any fiscal quarter, the ratio of Total Outstanding Indebtedness (net of, as of such date of determination, the amount of unrestricted Cash and Cash Equivalents in excess of $20,000,000 to the extent that there is an equivalent amount of Total Outstanding Indebtedness that matures within twenty-four (24) months of such date of determination) to Capitalization Value to exceed sixty percent (60%); provided that such ratio may exceed sixty percent (60%) from time to time following an acquisition by Borrower and its Affiliates of real property assets so long as (a) such ratio does not exceed sixty-five percent (65%), (b) such ratio ceases to exceed sixty percent (60%) within four (4) quarters after each date such ratio first exceeded sixty percent (60%), and (c) the Borrower provides a certificate of its chief financial officer or treasurer to the Administrative Agent when such ratio first exceeds sixty percent (60%) and when such ratio ceases to exceed sixty percent (60%).

Appears in 2 contracts

Sources: Term Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc)