Common use of Limitation on Incurrence of Debt Clause in Contracts

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (i) the Consolidated Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the Four Quarter Period, had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Period, and any other Debt repaid since the beginning of the Four Quarter Period had been repaid at the beginning of the Four Quarter Period, would be greater than 2.0:1.0 and (ii) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, unless, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (ia) the Consolidated Fixed Charge Interest Coverage Ratio of the Company and its Restricted SubsidiariesSubsidiaries for the last four fiscal quarters for which financial information is available at the date of determination (the "Specified Period"), determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously)Debt, and any other Debt Incurred since the beginning of the Four Quarter Specified Period, had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Specified Period, and any other Debt repaid since the beginning of the Four Quarter Specified Period had been repaid at the beginning of the Four Quarter Specified Period, would be greater than 2.0:1.0 2.0:1 and (iib) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (i) the Consolidated Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the Four Quarter Period, Period had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Period, and any other Debt repaid since the beginning of the Four Quarter Period had been repaid at the beginning of the Four Quarter Period, would be greater than 2.0:1.0 and (ii) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company Parent will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company Parent and any of its Restricted Subsidiary Subsidiaries that is an Issuer or Guarantor may Incur Debt (including Acquired Debt) if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (ia) the Consolidated Fixed Charge Coverage Ratio of the Company Parent and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the Four Four-Quarter Period, Period had been Incurred and the proceeds thereof had been applied at the beginning of the Four Four-Quarter Period, and any other Debt repaid since the beginning of the Four Four-Quarter Period had been repaid at the beginning of the Four Four-Quarter Period, would be greater than 2.0:1.0 2.0:1 and (iib) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) ), if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (i) the Consolidated Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the Four Quarter Period, Period had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Period, and any other Debt repaid since the beginning of the Four Quarter Period had been repaid at the beginning of the Four Quarter Period, would be greater than 2.0:1.0 and (ii) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (Debt, including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, unless immediately after giving effect to the Incurrence of such Debt and the receipt and contemporaneous application of the proceeds therefrom, (ia) the Consolidated Fixed Charge Interest Coverage Ratio of the Company and its Restricted SubsidiariesSubsidiaries for the last four fiscal quarters for which financial information is available at the date of determination (the "Specified Period"), determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously)Debt, and any other Debt Incurred since the beginning of the Four Quarter Specified Period, had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Specified Period, and any other Debt repaid since the beginning of the Four Quarter Specified Period had been repaid at the beginning of the Four Quarter Specified Period, would be greater than 2.0:1.0 1.75:1 and (iib) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (i1) the Consolidated Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the relevant Four Quarter Period, had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Period, and any other Debt repaid since the beginning of the Four Quarter Period had been repaid at the beginning of the Four Quarter Period, would be greater than 2.0:1.0 and (ii2) no Default or Event of Default shall have occurred and be continuing at the time or as a consequence of the Incurrence of such Debt.

Limitation on Incurrence of Debt. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Debt (including Acquired Debt); provided that the Company and any Restricted Subsidiary may Incur Debt (including Acquired Debt) if, immediately after giving effect to the Incurrence of such Debt and the receipt and application of the proceeds therefrom, (i) the Consolidated Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries, determined on a pro forma basis as if any such Debt (including any other Debt being Incurred contemporaneously), and any other Debt Incurred since the beginning of the relevant Four Quarter Period, had been Incurred and the proceeds thereof had been applied at the beginning of the Four Quarter Period, and any other Debt repaid since the beginning of the Four Quarter Period had been repaid at the beginning of the Four Quarter Period, would be greater than 2.0:1.0 2.0:1.0; provided that the aggregate principal amount of Debt (including Acquired Debt) permitted to be Incurred pursuant to this paragraph by Restricted Subsidiaries that are not Guarantors may not exceed the greater of (i) $75.0 million and (ii) no Default or Event 5.0% of Default shall have occurred and be continuing Total Assets at the any time or as a consequence of the Incurrence of such Debtoutstanding.