Total Debt to EBITDA Sample Clauses

Total Debt to EBITDA. As of the end of each of its fiscal quarters, the Borrower and its Subsidiaries shall maintain a ratio of consolidated Total Debt plus an amount equal to undrawn Letters of Credit under the Facility A Loan Commitment and any undrawn Letters of Credit under the Facility B Loan Commitment to consolidated trailing twelve (12) month EBITDA of not greater than (a) 4.25 to 1.00 for the fiscal quarter ending December 31, 2009, (b) 5.25 to 1.00 for the fiscal quarter ending March 31, 2010,

Total Debt to EBITDA. As of the end of any fiscal quarter of the Borrower commencing with the fiscal quarter ending September 30, 1998, the ratio of Total Debt to EBITDA shall not exceed 3.00:1 at any time. For the purposes of this Section 9.2, EBITDA shall be calculated on an annualized basis for the fiscal quarters ending September 30, 1998 through the fiscal quarter ending March 31, 1999, and thereafter, for the four fiscal quarters then ending.

Total Debt to EBITDA. Maintain on a consolidated basis, a ratio of Total Debt to EBITDA of not greater than, (x) during the period commencing from the date hereof and ending on the first anniversary of the date hereof, 3.25 to 1.0, (y) during the period commencing from the first anniversary of the date hereof and ending on the second anniversary of the date hereof, 3.0 to 1.0 and (z) thereafter, 2.5 to1.0;

Total Debt to EBITDA. As of the end of any fiscal quarter of WMI, WMI will not permit the ratio of (a) Total Debt to (b) EBITDA for the four fiscal quarters then ending to exceed 3.50:1.00.

Total Debt to EBITDA. 1. Total Debt as of the end the relevant Computation Period $ 2. EBITDA for the relevant Computation Period $ 3. Total Debt to EBITDA Ratio [(1) divided by (2)] to 1 4. Permitted Maximum 4.75 to 1 $ [ , 200 ] [City, State] The undersigned, Atlas CanAmPac Acquisition Corp., a Delaware corporation (“Borrower”), for value received, promises to pay to the order of Atlas Industries Holdings LLC, a Delaware limited liability company (“Lender”), at its principal office of ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, the aggregate unpaid amount of all Loans made to Borrower by Lender pursuant to the Credit Agreement referred to below, such principal amount to be payable on the dates set forth in the Credit Agreement. Borrower further promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such Loan is paid in full, payable at the rate(s) and at the time(s) set forth in the Credit Agreement. Payments of both principal and interest are to be made in lawful money of the United States of America. This Note evidences indebtedness incurred under, and is subject to the terms and provisions of, the Credit Agreement, dated as of November , 2007 (as amended or otherwise modified from time to time, the “Credit Agreement”; terms not otherwise defined herein are used herein as defined in the Credit Agreement), between Borrower and Atlas Industries Holdings LLC, as lender, to which Credit Agreement reference is hereby made for a statement of the terms and provisions under which this Note may or must be paid prior to its due date or its due date accelerated. This Note is made under and governed by the laws of the State of New York applicable to contracts made and to be performed entirely within such State. ATLAS CANAMPAC ACQUISITION CORP. By: Title: Please refer to the Credit Agreement dated as of November , 2007 (as amended or otherwise modified from time to time, the “Credit Agreement”) between the undersigned (“Borrower”) and Atlas Industries Holdings LLC, a Delaware limited liability company, as Lender. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement. This notice is given pursuant to Section 2.2.2 of the Credit Agreement. Borrower hereby requests a borrowing under the Credit Agreement as follows: The aggregate amount of the proposed borrowing is [$ ]. The requested borrowing date for the proposed borrowing (which is a Business Day) is [ , ...

Total Debt to EBITDA. EBIT (from §9.1 item (c) above) $ (i) Plus: Depreciation expense $ (ii) Amortization expense $ (iii) EBITDA (sum of (i) through (iii)) $ (iv) The sum of the following (calculated on a consolidated basis for Waste Management Inc. and its Subsidiaries): Indebtedness for borrowed money $ (v) Obligations for deferred purchase price of property or services (other than trade payables) $ (vi) Obligations evidenced by debt instruments $ (vii) Obligations under conditional sales $ (viii) Obligations, liabilities and indebtedness under Capitalized Leases $ (ix) Obligations, liabilities and indebtedness under bonding arrangements $ (x) (to the extent that a surety has been called upon to make payment on a bond) Guaranties of the Indebtedness of others $ (xi) Indebtedness secured by liens or encumbrances on property $ (xii) Reimbursement obligations with respect to letters of credit $ (xiii) Total Debt (sum of v — xiv) $ (xiv) Ratio of (xv) to (iv) ___ : ___ Maximum ratio: 3.50:1.00 DATED ___________________________________________. By: Name: Title: By: Name: Title: By: Name: Title: By: Name: Title: The undersigned refer to the credit agreement dated as of 30 November 2005 between Waste Management of Canada Corporation, as Borrower, Waste Management, Inc. and Waste Management Holdings, Inc., as Guarantors, The Bank of Nova Scotia, as Administrative Agent and the Lenders named therein, as amended, supplemented, restated or replaced from time to time (the “Credit Agreement”). All terms used in this Assignment Agreement that are defined in the Credit Agreement will have the meanings defined in the Credit Agreement. For value received, the “Assignor” and the “Assignee” named below hereby agree as follows: 1. The Assignor hereby sells and assigns, without recourse, to the Assignee, and the Assignee hereby purchases and assumes from the Assignor, the Proportionate Share specified on Appendix 1 in and to the Assignor’s rights and obligations under the Credit Agreement, the Security and all other Credit Documents. 2. The Assignor (a) represents and warrants that it is the legal and beneficial owner of the interest being assigned by it hereunder, that such interest is free and clear of any lien or security interest and that it is entitled to enter into this Assignment Agreement, (b) makes no representation or warranty, other than as provided in this Assignment Agreement and assumes no responsibility with respect to any statements, warranties or representations made in or in co...

Total Debt to EBITDA. The Parent will not permit the ratio of Total Debt as at the end of each fiscal quarter of the Parent to EBITDA for the period of the four fiscal quarters of the Parent ended on such date (taken as a single accounting period) to exceed for each such date prior to June 30, 2002, the ratio applicable to such date in the table set forth below, and if such date is on or after June 30, 2002, the lesser of (i) the Experience-Based Ratio at such date and (ii) the ratio applicable to such date in the table set forth below: If such date is: The applicable ratio is: On December 31, 2001 6.00:1 On March 31, 2002 5.75:1 On June 30, 2002 5.50:1 On September 30, 2002, December 31, 2002 and March 31, 2003 5.25:1 On June 30, 2003 5.00:1 On September 30, 2003 4.75:1 On December 31, 2003 4.50:1 On March 31, 2004 4.25:1 On June 30, 2004 4.00:1 On September 30, 2004, December 31, 2004, March 31, 2005 and June 30, 2005 3.50:1 On September 30, 2005 and at any time thereafter 3.25:1

Total Debt to EBITDA. [The Borrowers], as measured on a trailing four quarter basis, shall at all times maintain a ratio of (a) Funded Indebtedness to (b) EBITDA for such period, of not greater than: For the period commencing on the closing date through March 31, 2009 $3,250,000 to -$1,500,000; For the period commencing on April 1, 2009 through June 30, 2009 $3,250,000 to -$1,500,000; For the period commencing on July 1, 2009 through September 30, 2009 $3,250,000 to -$1,500,000; And thereafter to December 31, 2009 $3,250,000 to -$1,500,000;

Total Debt to EBITDA. As of the end of any fiscal quarter of the Borrower, the Borrower will not permit the ratio of (a) Total Debt to (b) EBITDA for the four fiscal quarters then ending to exceed the applicable ratio set forth in the table below: --------------------------------------------------------------------------------- FISCAL QUARTERS ENDING: RATIO: --------------------------------------------------------------------------------- December 31, 1999 - June 30, 2000 3.25:1.00 --------------------------------------------------------------------------------- September 30, 2000 and thereafter 3.00:1.00. ---------------------------------------------------------------------------------