EBITDA Maintenance Sample Clauses

The EBITDA Maintenance clause requires a borrower to maintain a minimum level of Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA) throughout the term of a loan or financing agreement. This is typically monitored through regular financial reporting, and failure to meet the specified EBITDA threshold may trigger a default or require corrective action. The core function of this clause is to ensure the borrower remains financially healthy and capable of meeting its debt obligations, thereby protecting the lender from increased credit risk.
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EBITDA Maintenance. The Borrower shall maintain an aggregate EBITDA from operations at the Santa ▇▇▇▇▇ Premises and Golden Gate Premises calculated on a rolling 12 month basis as at the end of each Fiscal Quarter, of not less than $15,000,000 provided that, in each case, notwithstanding paragraph (c) of the definition of EBITDA, all net gains from the sale of real estate which were included in the calculation of Net Income will be deducted from EBITDA for purposes of this section 7.1.18.";
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EBITDA Maintenance. Permit Consolidated EBITDA of the Borrower and its consolidated Subsidiaries for any period of four consecutive fiscal quarters ending on a date specified below to be less than the amount set forth opposite such period below: Period Ending Consolidated EBITDA ------------- ------------------- 3/31/99 49,000,000 6/30/99 40,000,000 9/30/99 40,000,000 12/31/99 48,500,000 3/31/2000 59,900,000 6/30/2000 66,900,000 9/30/2000 74,500,000 12/31/2000 82,000,000 3/31/2001 97,800,000 6/30/2001 104,800,000 9/30/2001 112,400,000 12/31/2001 120,000,000 3/31/2002 120,000,000 6/30/2002 125,000,000 9/30/2002 130,000,000 12/31/2002 135,000,000 3/31/2003 135,000,000 6/30/2003 135,000,000 9/30/2003 140,000,000 12/31/2003 145,000,000 and thereafter
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EBITDA Maintenance. Permit EBITDA of the Borrower and its consolidated Subsidiaries (i) (A) for the period commencing on January 1, 1997 and ending ▇▇▇▇▇ ▇▇, ▇▇▇▇ (▇▇▇ "▇▇▇▇▇ ▇▇▇▇▇▇"); (▇) for the period commencing January 1, 1997 and ending June 30, 1997 (the "Second Period"); and (C) for the period commencing January 1, 1997 and ending September 30, 1997 (the "Third Period"); and (ii) thereafter, for any period of four consecutive fiscal quarters ending on a date specified below to be less than the amount set forth opposite such period below: Period Ending EBITDA ------------- ------ First Period $4.0 Million Second Period $9.0 Million Third Period $14.5 Million December 31, 1997 $20.5 Million Period Ending EBITDA ------------- ------ March 31, 1998 $20.5 Million June 30, 1998 $21.0 Million September 30, 1998 $21.0 Million December 31, 1998 $22.0 Million March 31, 1999 $22.0 Million June 30, 1999 $22.0 Million September 30, 1999 $22.0 Million December 31, 1999 $23.0 Million March 31, 2000 $23.0 Million June 30, 2000 $23.0 Million September 30, 2000 $23.0 Million December 31, 2000 $24.0 Million March 31, 2001 $24.0 Million June 30, 2001 $24.0 Million September 30, 2001 $24.0 Million December 31, 2001 $25.0 Million March 31, 2002 $25.0 Million June 30, 2002 $25.0 Million September 30, 2002 $25.0 Million December 31, 2002 and $26.0 Million each fiscal quarter thereafter
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EBITDA Maintenance. Permit EBITDA of the Borrower and its Active Subsidiaries to be less than the quarterly EBITDA targets shown below for the Borrower and its Active Subsidiaries, tested as of the last day of each of the Borrower's fiscal quarters, the first such test for the first full fiscal quarter following the Effective Date: Fiscal Quarter Ended EBITDA Target ($) -------------------- ----------------- 3/31/02 1,020,000 6/30/02 1,020,000 9/30/02 117,000 12/31/02 961,000 3/31/03 1,778,000 6/30/03 1,778,000 9/30/03 918,000 12/31/03 1,075,000 3/31/04 1,934,000 6/30/04 1,934,000 9/30/04 1,013,000 12/31/04 1,123,000 3/31/05 2,025,000 6/30/05 2,025,000
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EBITDA Maintenance. Permit the sum of (i) Consolidated EBITDA of the Borrower and its consolidated Subsidiaries for any period of four consecutive fiscal quarters ending on a date specified below plus (ii) the principal amount of all Subordinated Revolving Loans which are converted into Subordinated Term Loans in respect of such period in accordance with subsection 8.17 hereof to be less than the amount set forth opposite such period below: Period Ending Consolidated EBITDA ------------- ------------------- 12/31/99 $25,000,000 3/31/2000 25,000,000 6/30/2000 25,000,000 9/30/2000 32,000,000 12/31/2000 45,000,000 3/31/2001 55,000,000
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EBITDA Maintenance. Permit EBITDA of the Borrower and its consolidated Subsidiaries for any period of four consecutive fiscal quarters ending on a date specified below to be less than the amount set forth opposite such period below: Period Ending Amount (in thousands) ------------- --------------------- March 31, 2000 $30,000 June 30, 2000 30,000 September 30, 2000 30,000 December 31, 2000 30,000 March 31, 2001 31,000 June 30, 2001 32,000 September 30, 2001 32,500 December 31, 2001 33,000 March 31, 2002 34,000 June 30, 2002 35,000 September 30, 2002 36,000 December 31, 2002 37,000 March 31, 2003 37,500 June 30, 2003 38,500 September 20, 2003 39,500 December 31, 2003 40,000 March 31, 2004 40,000 June 30, 2004 40,000 September 30, 2004 40,000 December 31, 2004 40,000 March 31, 2005 40,000 June 30, 2005 40,000 September 30, 2005 40,000 December 31, 2005 40,000 March 31, 2006 40,000 June 30, 2006 40,000 September 30, 2006 40,000
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EBITDA Maintenance. Permit the amount of the Company’s EBITDA to be less than the amounts set forth below for the following dates: Date Amount June 30, 2005 $1,100,000 September 30, 2005 $2,800,000." 2. The existing Section 6.7 of the Original Agreement regarding “Interest Coverage Ratio” is hereby deleted in its entirety and replaced with the following:
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EBITDA Maintenance. (i) Permit Consolidated EBITDA of SMC for each period beginning on April 1, 2002 and ending on each of the dates specified below to be less than the amount set forth opposite such date below: PERIOD ENDING CONSOLIDATED EBITDA ------------- ------------------- April 30, 2002 (652,000) May 31, 2002 356,000 June 30, 2002 1,186,000 July 31, 2002 2,364,000 August 31, 2002 3,448,000 September 30, 2002 6,383,000 October 31, 2002 10,243,000 November 30, 2002 14,038,000 December 31, 2002 19,044,000 January 31, 2003 22,900,000 February 28, 2003 26,756,000 March 31, 2003 30,612,000 (ii) As of the last day of each month ending after March 31, 2003, permit Consolidated EBITDA for the last twelve months then ended to be less than $30,612,000.
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Related to EBITDA Maintenance

  • Routine Maintenance (i) CRC shall be responsible for Routine Maintenance when necessary or desirable to maintain the Shared Assets in a safe operating condition, and to permit and facilitate (A) the performance by CRC of its obligations pursuant to this Agreement, and (B) the use of Shared Assets by the Operators in accordance with this Agreement. (ii) CSXT or NSR, directly or through their respective affiliates, may perform the work which CRC performed prior to the date of this Agreement when (A) CRC does not possess the skills needed for such work, (B) CRC lacks the necessary employees to do such work in a timely fashion, or (C) CRC does not possess the equipment needed to do such work. CRC and the party performing the work shall agree to a reasonable fee for such work prior to performance. CRC, CSXT and NSR may agree to have additional work performed either by CSXT, NSR or their affiliates.

  • Planned Maintenance (a) Subject to any modification or amendment of this Agreement made pursuant to Section 4.2(c) or Section 7.3(d), Planned Maintenance occurring during the Delivery Term shall be coordinated and scheduled in accordance with this Section 9.6. Seller shall perform all Planned Maintenance (including Major Planned Maintenance) in a manner that optimizes the generation and benefits to Buyer of the Contract Energy, Storage Energy, and other Products (e.g., during off-peak periods and low-irradiance periods) and, without limiting the foregoing, either (i) outside of Daylight Hours or (ii) during the months of October and November only, during Daylight Hours; provided, however, that the foregoing restrictions shall not apply to any Planned Maintenance that Seller is required to perform pursuant to any applicable manufacturer warranty that cannot reasonably be performed by Seller subject to such restrictions. (b) Seller shall deliver to Buyer a proposed schedule for Planned Maintenance in respect of each Contract Year (“Planned Maintenance Schedule”) no later than ninety (90) Days before the start of such Contract Year. Planned Maintenance Schedules submitted by Seller shall (i) comply with the second sentence of Section 9.6(a) and (ii) include reasonably detailed descriptions of the Planned Maintenance to be performed, the Days and times in which each type of Planned Maintenance is scheduled to be performed, the estimated amount(s) of Contract Capacity and Storage Capacity that will be unavailable due to Planned Maintenance and the total number of hours that Seller expects that the Contract Capacity and Storage Capacity will be unavailable due to Planned Maintenance. The general form for the Planned Maintenance Schedule is set forth in Schedule 9.6. (The Planned Maintenance descriptions reflected in the general form set forth in Schedule 9.6 are provided for indicative purposes only, and are not necessarily representative of the detail, time periods, or certainty required for a Planned Maintenance Schedule hereunder.) (c) Buyer shall have the right to disapprove, in its reasonable discretion (provided that Buyer shall have the right to disapprove, in its sole and absolute discretion, any Planned Maintenance proposed by Seller that is inconsistent with the terms of this Agreement), any Planned Maintenance set out in any Planned Maintenance Schedule proposed by Seller for any Contract Year, except for any Planned Maintenance that (i) is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November or (ii) Seller is required to perform pursuant to any applicable manufacturer warranty and that is scheduled to occur in compliance with Section 9.6(a). If Seller submits its Planned Maintenance Schedule for a Contract Year in accordance with the requirements of this Agreement and Buyer does not disapprove of any Planned Maintenance set out in such Planned Maintenance Schedule by sixty (60) days after submission, then such Planned Maintenance Schedule shall be deemed approved. If Buyer, in the exercise of its discretion as set forth above, disapproves any Planned Maintenance in such Planned Maintenance Schedule within the applicable time period specified above after its submission, Buyer shall notify Seller and the Parties shall use Commercially Reasonable Efforts to agree upon and finalize a mutually acceptable Planned Maintenance Schedule for the applicable Contract Year. Seller shall conduct Planned Maintenance during such Contract Year only in accordance with an agreed Planned Maintenance Schedule; provided, however, that Seller may (A) move Planned Maintenance included in an agreed Planned Maintenance Schedule that is not Major Planned Maintenance, so long as such move is consistent with the terms of this Agreement (including the second sentence of Section 9.6(a)) or, with respect to Major Planned Maintenance, if such Major Planned Maintenance is scheduled to occur outside of Daylight Hours or during Daylight Hours during the months of October and November and (B) schedule and perform Planned Maintenance not reflected in the Planned Maintenance Schedule so long as such Planned Maintenance is scheduled to be performed outside of Daylight Hours or during Daylight Hours during the months of October and November and Seller provides Buyer at least two (2) weeks’ prior written notice of such Planned Maintenance; provided further that Buyer shall have the right to advise Seller of periods when Buyer prefers, based on solar irradiance, supply, market and other conditions, that any Major Planned Maintenance be deferred, and Seller shall use Commercially Reasonable Efforts to comply with such request. (d) Seller shall use Commercially Reasonable Efforts to complete any Planned Maintenance and place the Facility back into full commercial operation as soon as reasonably possible. If Seller determines that any Planned Maintenance scheduled in an agreed Planned Maintenance Schedule no longer needs to be completed or will not consume the entire time scheduled therefor in the agreed Planned Maintenance Schedule, Seller shall provide (i) a Generation Forecast to Buyer reflecting the forecasted amount of Delivered Energy during each affected interval that takes into account such change and (ii) in the case of any Major Planned Maintenance, a written notice declaring the cessation and termination of the applicable Major Planned Maintenance period (in which event, the Major Planned Maintenance period shall terminate in accordance with the terms of such Generation Forecast and written notice).

  • Operating and Maintenance Costs The Participating Generator shall be responsible for all its costs incurred in connection with operating and maintaining the Generating Units identified in Schedule 1 for the purpose of meeting its obligations under this Agreement.

  • INTERIM MAINTENANCE PERIOD During the interim maintenance period between obtaining of the completion certificate of such Project and formation and operationalization of the Association the Promoter shall through itself or through a facility management company to run, operate, manage and maintain the Common Areas. The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be required to provide manpower for maintaining the Common Areas, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis, if any. The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas shall during the interim maintenance period shall be framed by the Promoter with such restrictions as may be necessary for proper maintenance and all the Allottees are bound to follow the same. After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter, with or without amendments, as may be deemed necessary by the Association.

  • REPAIRS; MAINTENANCE The Owner hereby gives power to the Agent to supervise repairs, improvements, alterations, and decorations to the Property as well as purchase and pay bills for services and supplies. The Agent shall obtain prior approval of the Owner for all expenditures over $ for any single item. Prior approval for lesser amounts shall not be required for monthly or recurring operating charges or if emergency expenditures over the maximum are, in the Agent’s opinion, needed to protect the Property from damage, prevent injury to persons, avoid suspension of necessary services, avoid penalties or fines, or suspension of services to tenants required by a lease or rental agreement or by law, including, but not limited to, maintaining the Property in a condition fit for human habitation as required by applicable law.