Fiscal Quarters. The Company will not change, and will not permit any Subsidiary to change, (a) the fiscal year end of the Company or any Subsidiary to any date other than September 30 or (b) the fiscal quarter ends of the Company or any Subsidiary to any date other than March 31, June 30, September 30 or December 31.
Fiscal Quarters. If Borrower should fail to deliver in a timely manner a certificate required under Section 5.02(a)(vi) hereof, then, until Borrower shall have provided such certificate, it shall be presumed that the ratio of Consolidated Total Debt as of the end of the immediately preceding fiscal quarter to Consolidated EBITDA for the immediately preceding four (4) fiscal quarters was greater than 3 (and, from the date of the delivery of such certificate, the Applicable Margin shall be determined by reference to such certificate).
Fiscal Quarters. For the purposes hereof, “fiscal quarter” shall mean each quarterly accounting period during any fiscal year; provided, that, all references to the fiscal quarter ending March 31, June 30, September 30 or December 31 shall mean the first, second, third or fourth fiscal quarter of the applicable fiscal year, respectively, irrespective of the actual date on which such fiscal quarter may end.
Fiscal Quarters. The Borrower shall not change its fiscal quarters.
Fiscal Quarters. The Fiscal Quarters of the Borrower and its Subsidiaries beginning with the first Fiscal Quarter ending immediately after the Closing Date and each Fiscal Quarter thereafter until August 1, 2009 are set forth on Schedule 3.24.
Fiscal Quarters. The Borrower will not change, and will not permit any Subsidiary to change, the fiscal quarter ends of the Borrower or any Subsidiary to any date other than March 31, June 30, September 30 or December 31, respectively.
Fiscal Quarters. Each June, the sales volumes in this Agreement will be increased by the percentage increase in the Food Section of the C.P.I. during the preceding year (May to May).
Fiscal Quarters. When required under Section 2.4(a) in connection with a Notice of Borrowing, or under Section 2.3 in connection with a Money Market Loan Request, or at such other times as Borrower may elect, an updated Compliance Certificate shall be submitted by the Borrower to the Administrative Agent for the sole purpose of providing revised calculations of the covenants contained in Section 5.8(e) and (i) updated from the calculation thereof in the last Compliance Certificate submitted prior thereto reflecting the amount of the additional Borrowing and any other additional Unsecured Debt incurred since the most recent Compliance Certificate based upon the debt service applicable thereto as determined in accordance with the definition of Unsecured Debt Service. In connection with the addition or removal of a Qualifying Unencumbered Property or a transaction contemplated in Section 5.17, but only if required under Section 5.14, an updated Compliance Certificate shall also be submitted by the Borrower to the Administrative Agent for the sole purpose of providing revised calculations of the covenants contained in Section 5.8(e) and (i) updated from the calculation thereof in the last Compliance Certificate submitted prior thereto reflecting a proforma calculation of Unencumbered NOI using the available historical information for the applicable Qualifying Unencumbered Property and the value thereof as determined in accordance with the definition of Unencumbered Asset Value.
Fiscal Quarters. No Borrower shall change its fiscal quarters.
Fiscal Quarters. As used in this paragraph "excess cash flow" means for any annual period of determination, as determined on a consolidated basis, an amount equal to the Borrowers' EBITDA less Debt Service minus cash taxes paid, minus increases in working capital plus decreases in working capital, minus unfinanced Capital Expenditures, as shown on the annual financial statements for such annual period, furnished to the Administrative Agent in accordance with Section 6.1.1(a); or in the event that the Borrowers fail to deliver such financial statements to the Administrative Agent as and when required, the Administrative Agent shall estimate, in its good faith discretion, the amount of excess cash flow for such period.
