Common use of Aggregate Fixed Charge Coverage Ratio Clause in Contracts

Aggregate Fixed Charge Coverage Ratio. Lessee shall maintain an Aggregate Fixed Charge Coverage Ratio at all of the Properties of at least 1.25:1, determined as of the last day of each fiscal year of Lessee. For purposes of this Lease, the term "Aggregate Fixed Charge Coverage Ratio" shall mean with respect to the twelve month period of time immediately preceding the date of determination, the ratio calculated for such period of time, each as determined in accordance with GAAP, of (a) the sum of Net Income, Depreciation and Amortization, Interest Expense and Operating Lease Expense, less a corporate overhead allocation in an amount equal to 5.00% of Gross Sales, to (b) the sum of the Operating Lease Expense and the Equipment Payment Amount; provided, however, that, with respect to each of the Properties which are sublet pursuant to Section 26.C and during the period of time in which the applicable sublease is in effect, the amount of rent payable to Lessee under the applicable subleases during the period of determination shall be used for purposes of clause (a) of the ratio for such Properties in lieu of the amount which would otherwise have been determined under clause (a) for such Properties. For purposes of this Section 8.A, the following terms shall be defined as set forth below: