Consolidated Assets Sample Clauses

Consolidated Assets. The Borrower will ensure at all times that the Borrower Group Members directly own not less than 95% of the Consolidated Tangible Assets of the Borrower and generate at least 95% of EBITDA; provided that, the calculation of Consolidated Tangible Assets and EBITDA for the purposes of this Section shall only include only a portion of PROP’s contribution to Consolidated Tangible Assets or EBITDA, as the case may be, equal to the Loan Parties’ proportionate ownership interest in PROP.
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Consolidated Assets. The Borrower’s assets and liabilities are consolidated with the assets and liabilities of Parent for purposes of generally accepted accounting principles.
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Consolidated Assets. The Borrower will ensure at all times that the Borrower Group Members directly own not less than 95% of the Consolidated Tangible Assets of the Borrower and generate at least 95% of EBITDA; provided that, (x) the calculation of Consolidated Tangible Assets and EBITDA for the purposes of this Section shall only include the portion of PROP’s contribution to Consolidated Tangible Assets or EBITDA, as the case may be, equal to the Existing PROP Interests and (y) following any default or event of default, however defined, under the SAF Credit Agreement, the calculation of Consolidated Tangible Assets for the purposes of this Section shall disregard any of the Borrower or its Subsidiaries’ ownership interest in PROP.”
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Consolidated Assets. No other Person, Affiliate or Subsidiary accounts for more than five percent (5%) of the Borrower's consolidated assets other than the Guarantors, if any.
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Consolidated Assets. 10.1 ERPM shall make the ERPM ASSETS available to the ELSBURG JV for the Page 62 extent applicable, make same available to ERGO MINING. The ELSBURG JV and ERGO MINING shall jointly and severally be obliged to maintain the ERPM ASSETS in good working order and condition and uon the termination of the MINING USER CONTRACT for whatever reason, to return the same to ERPM, fair wear and tear excepted and save where ownership has passed to third parties, including the ELSBURG JV or ERGO MINING, as the case may be.
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Consolidated Assets. The aggregate of (i) the principal amount of all outstanding Advances under the New Money Credit Agreement, (ii) the Secured Refinancing Commitment (as defined in the Refinancing Credit Agreement) of all Refinancing Lenders, (iii) the Available Amount (as defined in the Common Terms Agreement) of all Refinancing Letters of Credit (as defined in the Common Terms Agreement), (iv) the principal amount of all Amended A Notes and (v) the aggregate principal amount of the Springdale Tranche A Facility, in each case as of the Closing Date and upon the Refinancing Closing (as defined in the Common Terms Agreement), does not exceed an amount equal to 30% of the consolidated assets (as determined for purposes of the Bond Lien Basket Provisions) of the Company, as determined in accordance with GAAP on the Closing Date after the occurrence of the New Money Closing (as defined in the Common Terms Agreement) but immediately before the occurrence of the Refinancing Closing, and the Indenture Trustee shall have received an Officer's Certificate of the Company with respect to the foregoing, dated as of the Closing Date, in such form as is delivered to the other Representative Agents pursuant to Section 3.03(e) of the Common Terms Agreement.
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Consolidated Assets. The aggregate principal amount of all Advances under the New Money Credit Agreement to be made upon the New Money Closing does not exceed an amount equal to 30% of the consolidated assets (as determined for purposes of the Bond Lien Basket Provisions) of the Borrower, as determined in accordance with GAAP on the Closing Date immediately before the occurrence of the New Money Closing, and each Representative Agent shall have received an Officer's Certificate of the Borrower with respect to the foregoing, dated as of the Closing Date, in form and substance satisfactory to the Representative Agents.
Sample 1
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Consolidated Assets. The aggregate of (i) the principal amount of all outstanding Advances under the New Money Credit Agreement, (ii) the Secured Refinancing Commitment (as defined in the Refinancing Credit Agreement) of all Refinancing Lenders, (iii) the Available Amount of all Refinancing Letters of Credit, (iv) the principal amount of all Amended A Notes (as defined in the Security Agreement) and (v) the aggregate principal amount of the Springdale Tranche A Facility (as defined in the Security Agreement), in each case, as of the Closing Date and upon the Refinancing Closing, does not exceed an amount equal to 30% of the consolidated assets (as determined for purposes of the Bond Lien Basket Provisions) of the Borrower, as determined in accordance with GAAP on the Closing Date after the occurrence of the New Money Closing but immediately before the occurrence of the Refinancing Closing, and each Representative Agent shall have received an Officer's Certificate of the Borrower with respect to the foregoing, dated as of the Closing Date, in form and substance satisfactory to the Representative Agents.
Sample 1
Consolidated Assets. The aggregate of (i) the principal amount of all outstanding Advances under the New Money Credit Agreement, (ii) the principal amount of all Secured Loan Advances (as defined in the Refinancing Credit Agreement), (iii) the Available Amount of all Refinancing Letters of Credit, (iv) the principal amount of all outstanding Amended A Notes (as defined in the Security Agreement), (v) the aggregate principal amount of all outstanding Advances under the Springdale Tranche A Facility (as defined in the Security Agreement) and (vi) the principal amount of all Advances requested by the Borrower to be made on the Second New Money Borrowing Date, in the case of clauses (i) through (v) above, as of the Second New Money Borrowing Date and immediately before the making of the Advances under the New Money Credit Agreement on such date, does not exceed an amount equal to 30% of the consolidated assets (as determined for purposes of the Bond Lien Basket Provisions) of the Borrower, as determined in accordance with GAAP on such date immediately before the making of the Advances under the New Money Credit Agreement on such date, and each Representative Agent shall have received an Officer's Certificate of the Borrower with respect to the foregoing, dated as of the date of the Second New Money Borrowing Date, in form and substance satisfactory to the Representative Agents.
Sample 1

Related to Consolidated Assets

  • Consolidated Fixed Charges On any date of determination, the sum of (a) Consolidated Interest Expense for the period of two (2) fiscal quarters most recently ended annualized (both expensed and capitalized), plus (b) all of the principal due and payable and principal paid with respect to Indebtedness of REIT, the Borrower and their respective Subsidiaries during such period, other than any balloon, bullet or similar principal payment which repays such Indebtedness in full and any voluntary full or partial prepayments prior to stated maturity thereof, plus (c) all Preferred Distributions paid during such period, plus (d) the principal payment on any Capital Lease Obligations. Such Person’s Equity Percentage in the fixed charges referred to above of its Unconsolidated Affiliates and Subsidiaries of Borrower that are not Wholly Owned Subsidiaries shall be included (without duplication) in the determination of Consolidated Fixed Charges.

  • Consolidated Net Income The consolidated net income of the Borrowers after deduction of all expenses, taxes, and other proper charges, determined in accordance with GAAP.

  • Consolidated Net Worth Borrower will at the end of each fiscal quarter maintain Consolidated Net Worth in an amount of not less than the sum of (i) $625,000,000 plus (ii) fifty percent (50%) of the aggregate Consolidated Net Income, if positive, for the period beginning January 1, 2005 and ending on the last day of such fiscal quarter.

  • Consolidated Total Liabilities All liabilities of the Borrower and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles and classified as such on the consolidated balance sheet of the Borrower and its Subsidiaries.

  • Consolidated Capital Expenditures (i) Company will not, and will not permit any of its Subsidiaries to, make or commit to make Consolidated Capital Expenditures in any Fiscal Year, beginning with the Fiscal Year ending December 31, 2003, except Consolidated Capital Expenditures which do not aggregate in excess of the corresponding amount set forth below opposite such Fiscal Year: Fiscal Year Consolidated Capital Expenditures Fiscal Year ending December 31, 2003 $ 5,000,000 Fiscal Year ending December 31, 2004 $ 5,000,000 Fiscal Year ending December 31, 2005 and each Fiscal Year thereafter $ 7,000,000 provided that (a) if the aggregate amount of Consolidated Capital Expenditures actually made in any such Fiscal Year shall be less than the limit with respect thereto set forth above (before giving effect to any increase therein pursuant to this proviso) (the “Base Amount”), then the amount of such shortfall (up to an amount equal to 50% of the Base Amount for such Fiscal Year, without giving effect to this proviso) may be added to the amount of such Consolidated Capital Expenditures permitted for the immediately succeeding Fiscal Year and any such amount carried forward to a succeeding Fiscal Year shall be deemed to be used prior to Company and its Subsidiaries using the amount of capital expenditures permitted by this section in such succeeding Fiscal Year, without giving effect to such carryforward and (b) for any Fiscal Year (or portion thereof) following any acquisition of a business (whether through the purchase of assets or of shares of capital stock) permitted under subsection 6.7, the Base Amount for such Fiscal Year (or portion) shall be increased, for each such acquisition, by an amount equal to the product of (A) the lesser of (x) $5,000,000 and (y) 4% of revenues of the business acquired in such acquisition for the period of four Fiscal Quarters most recently ended on or prior to the date of such business acquisition multiplied by (B) (x) in the case of any partial Fiscal Year, a fraction, the numerator of which is the number of days remaining in such Fiscal Year after the date of such business acquisition and the denominator of which is 365 (or 366 in a leap year), and (y) in the case of any full Fiscal Year, 1.

  • Consolidated Tangible Net Worth (i) The net worth of Seller and its consolidated subsidiaries, on a combined basis, determined in accordance with GAAP, minus (ii) all intangibles determined in accordance with GAAP (including goodwill, capitalized financing costs and capitalized administration costs but excluding originated and purchased mortgage servicing rights or retained residual securities) and any and all advances to, investments in and receivables held from affiliates; provided, however, that the non-cash effect (gain or loss) of any xxxx-to-market adjustments made directly to stockholders’ equity for fluctuation of the value of financial instruments as mandated under the Statement of Financial Accounting Standards No. 133 (or any successor statement) shall be excluded from the calculation of Consolidated Tangible Net Worth.

  • Consolidated Excess Cash Flow If there shall be Consolidated Excess Cash Flow for any Fiscal Year beginning with the Fiscal Year ending December 31, 2018, the Borrowers shall, within ten Business Days of the date on which the Borrowers are required to deliver the financial statements of Holdings and its Restricted Subsidiaries pursuant to Section 5.1(b), prepay the Loans and/or certain other Obligations as set forth in Section 2.15(b) in an aggregate amount equal to (i) 50% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans made during such Fiscal Year (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Credit Commitments are permanently reduced in connection with such repayments) paid from Internally Generated Cash (provided that such reduction as a result of prepayments made pursuant to Section 10.6(k) shall be limited to the actual amount of cash used to prepay principal of Term Loans (as opposed to the face amount thereof)); provided, if, as of the last day of the most recently ended Fiscal Year, the Consolidated Total Net Leverage Ratio (determined for such Fiscal Year by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Consolidated Total Net Leverage Ratio as of the last day of such Fiscal Year) shall be (A) less than or equal to 4.50:1.00 but greater than 4.00:1.00, the Borrowers shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to (1) 25% of such Consolidated Excess Cash Flow minus (2) voluntary repayments of the Loans made during such Fiscal Year (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Credit Commitments are permanently reduced in connection with such repayments) paid from Internally Generated Cash (provided that such reduction as a result of prepayments made pursuant to Section 10.6(k) shall be limited to the actual amount of cash used to prepay principal of Term Loans (as opposed to the face amount thereof)) and (B) less than or equal to 4.00:1.00, the Borrowers shall not be required to make the prepayments and/or reductions otherwise required by this Section 2.14(e).

  • Consolidated With reference to any term defined herein, that term as applied to the accounts of a Person and its Subsidiaries, determined on a consolidated basis in accordance with GAAP.

  • Consolidated Leverage Ratio Permit the Consolidated Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than 2.50 to 1.0.

  • Consolidated Net Leverage Ratio Permit the Consolidated Net Leverage Ratio as of the end of any fiscal quarter of the Borrower to be greater than 4.50:1.00.

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