Common use of Compliance with Certain Covenants Clause in Contracts

Compliance with Certain Covenants. For purposes of determining compliance with the covenants set forth in Sections 7.02(e), 7.02(q), 7.03(l) and 7.03(m) that permit the incurrence of certain Liens, Indebtedness or Investments, with reference to certain ratio levels, such covenants will be measured as of the incurrence date of any such permitted Lien, Indebtedness or Investment. The Loan Parties shall not be deemed to be in Default of such covenants following the incurrence thereof solely by virtue of the fact that the then current applicable ratio level is not within the level required for the incurrence of such Lien, Indebtedness or Investment; provided that the Borrower and its Restricted Subsidiaries (a) were in compliance with the applicable ratio for such covenant at the time of incurrence of such Lien, Indebtedness or Investment and (b) no other Default or Event of Default shall have occurred and be continuing.

Compliance with Certain Covenants. For purposes of determining compliance with the covenants set forth in Sections 7.01(p), 7.02(e), 7.02(q), 7.03(l) and 7.03(m) that permit the incurrence of certain Liens, Indebtedness or Investments, with reference to certain ratio levels, such covenants will be measured as of the incurrence date of any such permitted Lien, Indebtedness or Investment. The Loan Parties shall not be deemed to be in Default of such covenants following the incurrence thereof solely by virtue of the fact that the then current applicable ratio level is not within the level required for the incurrence of such Lien, Indebtedness or Investment; Investment; provided that the Borrower and its Restricted Subsidiaries (a) were in compliance with the applicable ratio for such covenant at the time of incurrence of such Lien, Indebtedness or Investment Investment, and (b) no other Default or Event of Default shall have occurred and be continuing.

Compliance with Certain Covenants. For purposes of determining compliance with the covenants set forth in Sections 7.02(e), 7.02(q), 7.03(l) and 7.03(m) that permit the incurrence of certain Liens, Indebtedness or Investments, with reference to certain ratio levels, such covenants will be measured as of the incurrence date of any such permitted Lien, Indebtedness or Investment. The Loan Parties shall not be deemed to be in Default of such covenants following the incurrence thereof solely by virtue of the fact that the then current applicable ratio level is not within the level required for the incurrence of such Lien, Indebtedness or Investment; Investment; provided that the Borrower and its Restricted Subsidiaries (a) were in compliance with the applicable ratio for such covenant at the time of incurrence of such Lien, Indebtedness or Investment and (b) no other Default or Event of Default shall have occurred and be continuing.

Compliance with Certain Covenants. For purposes of determining compliance with the covenants set forth in Sections 7.02(e7.01(p), 7.02 (e), 7.02(q), 7.03(l) and 7.03(m) that permit the incurrence of certain Liens, Indebtedness or Investments, with reference to certain ratio levels, such covenants will be measured as of the incurrence date of any such permitted Lien, Indebtedness or Investment. The Loan Parties shall not be deemed to be in Default of such covenants following the incurrence thereof solely by virtue of the fact that the then current applicable ratio level is not within the level required for the incurrence of such Lien, Indebtedness or Investment; Investment; provided that the Borrower and its Restricted Subsidiaries (a) were in compliance with the applicable ratio for such covenant at the time of incurrence of such Lien, Indebtedness or Investment Investment, and (b) no other Default or Event of Default shall have occurred and be continuing.