Additional Financial Covenants. If the Company shall at any time enter into one or more agreements (including any amendment of an existing agreement) pursuant to which Senior Funded Debt in an aggregate principal amount greater than $30,000,000 shall be outstanding and such agreement contains one or more financial covenants which are more restrictive on the Company and its Subsidiaries than the financial covenants contained in this Agreement, then such more restrictive financial covenants and any related definitions (the “Additional Financial Covenants”) shall automatically be deemed to be incorporated into § 5 of this Agreement (including § 5.15(f) and (g)) by reference and § 6.1(e) shall be deemed to be amended to include such Additional Financial Covenants from the time such other agreement becomes binding upon the Company until such time as such other Senior Funded Debt is repaid in full and all commitments related thereto are terminated; provided, that if at the time of any such repayment or the termination of any such commitment a Default or Event of Default shall exist under this Agreement, then such covenants shall continue in full force and effect so long as such Default or Event of Default continues to exist. So long as such Additional Financial Covenants shall be in effect, no modification or waiver of such Additional Financial Covenants shall be effective unless the Holders of at least 51% in aggregate principal amount of the Notes shall have consented thereto pursuant to § 7.1 hereof. Promptly but in no event more than 10 Business Days following the execution of any agreement providing for Additional Financial Covenants, the Company shall furnish each holder of the Notes with a copy of such agreement. Upon written request of the Holders of at least 51% in aggregate principal amount of the Notes, the Company will enter into an amendment to this Agreement pursuant to which this Agreement will be formally amended to incorporate the Additional Financial Covenants on the terms set forth herein.
Additional Financial Covenants. Financial covenants will be calculated on a trailing four quarters basis (and for X. Xxxxxxxxx’x Holdings, LLC, and its subsidiaries on a consolidated basis) and will consist of:
Additional Financial Covenants. Notwithstanding anything else contained herein to the contrary, in the event that any maintenance financial covenant other than the financial covenant set forth in Section 6.09 is included in the Second Lien Agreement or any SSLI Documentation (as defined in Schedule 1.01C), such covenant will be deemed to be added to Article VI of this Agreement automatically, without the need for any further action whatsoever.
Additional Financial Covenants. The Borrower and the Guarantor and all Subsidiaries shall at all times comply with the following additional financial covenants:
Additional Financial Covenants. 7.5.1. Each Borrower, except those subject to pass-through tax classification, agrees and covenants with Lender that, at all times during the term of this Agreement:
Additional Financial Covenants. The Borrower shall ensure that, throughout the Security Period the financial condition of the Corporate Guarantor on a consolidated basis and as evidenced by the most recent financial statements produced in accordance with sub-clause 8.1(a), shall be such that:
Additional Financial Covenants. If at any time after the date of this Agreement any Major Credit Facility that is outstanding on the date of this Agreement is amended or modified or a Major Credit Facility is entered into after the date of this Agreement that, in either case, shall include, or shall be amended or otherwise modified to include, any Financial Covenant that is not provided for in this Agreement, or is more favorable to the Major Credit Facility Lenders or is more restrictive on the Company (the “Most Favored Provision”) than the Financial Covenants provided for in this Agreement, then the Company shall provide written notice of such fact to each holder of Notes within five (5) Business Days thereof. Thereupon, unless waived in writing by the Required Holders within ten (10) Business Days of each holder’s receipt of such notice, such Most Favored Provision shall be deemed incorporated by reference into this Agreement, mutatis mutandis (with such modifications thereof as may be necessary to give the holders of Notes substantially the same benefits and protections afforded the Major Credit Facility Lenders under such Major Credit Facility), as if set forth fully herein and, notwithstanding Section 17.1, without any further action on the part of the Company or any other Person being required. Notwithstanding the foregoing, the Company agrees to enter into such documentation as the Required Holders may reasonably request to evidence the amendments provided for in this Section 9.7. At such time as a Major Credit Facility has been terminated, all commitments thereunder cancelled and all liabilities existing thereunder paid in full (other than unasserted contingent liabilities and obligations), any Most Favored Provision set forth in such Major Credit Facility that has been incorporated and/or amended into this Agreement, as applicable, pursuant to this Section 9.7 shall automatically terminate without any further action on the part of the Company or any other Person being required; provided that, at any time a Default or Event of Default has occurred and is continuing, the incorporation and/or amendment of such Most Favored Provision into this Agreement shall not terminate unless the Required Holders shall have consented to such termination in writing, which written consent shall not be unreasonably withheld or delayed. At such time as any Most Favored Provision is amended (whether or not such amendment is more favorable to the Major Credit Facility Lenders or is more restrictive ...
Additional Financial Covenants. Notwithstanding anything else contained herein to the contrary, in the event that any maintenance financial covenant is included in the Third Lien Agreement or any Senior Subordinated-Lien Document (as defined in Schedule 1.01C), such covenant will be deemed to be added to Article VI of this Agreement automatically, without the need for any further action whatsoever.
Additional Financial Covenants. (a) The Borrower shall ensure that, throughout the Security Period, its financial condition on a consolidated basis and as evidenced by the most recent annual audited Accounting Information, shall be such that:
Additional Financial Covenants. The following shall be deemed inserted in the Initial Loan Agreement as Paragraph 10.7:
