Common use of Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock Clause in Contracts

Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. The Company will not, and will not permit any Restricted Subsidiary to, create, issue, assume, guarantee or in any manner become directly or indirectly liable for the payment of, or otherwise incur (collectively, "incur"), any Indebtedness (including Acquired Indebtedness and the issuance of Disqualified Stock), except that the Company may incur Indebtedness and a Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiaries) may incur Indebtedness, in each case if, after giving effect to such event, the Indebtedness to EBITDA Ratio would be less than (i) 6.5 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Date, pro forma effect will be given to the offerings closed by the Company at or about the Closing Date, as if such transactions had occurred at the beginning of such four-quarter period. In addition (but without duplication), in making the foregoing calculation, pro forma effect will be given to: (i) the incurrence of such Indebtedness and (if applicable) the application of the net proceeds therefrom, including to refinance other Indebtedness, as if such Indebtedness was incurred and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option of the Company, a fixed or floating rate of interest, interest thereon will be computed by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):

Appears in 1 contract

Samples: Shop at Home Inc /Tn/

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Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. (a) The Company will not, and will not permit any of the Restricted Subsidiary Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or in any manner otherwise become directly or indirectly liable for the payment ofliable, contingently or otherwise incur otherwise, with respect to (collectively, "incur"), “Incur,” and “Incurrence,” “Incurred” and “Incurring” shall have meanings correlative to the foregoing) any Indebtedness (including Acquired Indebtedness Debt) or issue any Disqualified Stock, and the issuance Company will not permit any of Disqualified the Restricted Subsidiaries to issue any shares of Preferred Stock); provided, except however, that the Company or any Guarantor may incur Indebtedness and a Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiariesincluding Acquired Debt) may incur Indebtedness, or issue Disqualified Stock or Preferred Stock in each case ifan amount equal to the greater of (i) an amount such that, after giving effect to such event, the Indebtedness to EBITDA Ratio would be less than (i) 6.5 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 Incurrence or issuance and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Date, pro forma effect will be given to the offerings closed by the Company at or about the Closing Date, as if such transactions had occurred at the beginning of such four-quarter period. In addition (but without duplication), in making the foregoing calculation, pro forma effect will be given to: (i) the incurrence of such Indebtedness and (if applicable) the application of the net proceeds therefrom, including the Consolidated Interest Coverage Ratio would have been at least 2.0 to refinance other Indebtedness1.0 and (ii) an amount such that, as if after giving effect to such Indebtedness was incurred Incurrence or issuance and the application of such the proceeds occurred at therefrom (including the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement acquisition of any Collateral Vessel or other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period Collateral constituting marine spare parts and equipment held in inventory (as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based reflected on the average daily consolidated balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option sheet of the Company) or onboard Collateral Vessels), a fixed or floating rate the aggregate amount of interest, interest thereon will be computed by applying, at the option Consolidated Total Indebtedness of the Company, either Company and the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except including any outstanding Notes and any Permitted Refinancing Indebtedness in respect thereof, but excluding intercompany Indebtedness permitted by clause (5) of Section 4.09(b)) does not exceed 60% of the sum, without duplication, of (x) the Appraised Market Value of the Collateral Vessels and (y) the Fair Market Value (as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):determined by a recent appraisal of a qualified independent third

Appears in 1 contract

Samples: Vantage Drilling International

Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. (a) The Company will not, and will not permit any of its Restricted Subsidiary Subsidiaries to, create, issue, assume, guarantee or in any manner become directly or indirectly liable for the payment ofindirectly, or otherwise incur (collectively, "incur"), any Indebtedness (including Acquired Indebtedness Debt), and the issuance Company will not permit any of Disqualified its Restricted Subsidiaries to issue any Preferred Stock), except ; provided however that the Company may incur Indebtedness and a or any Restricted Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiaries) may incur Indebtedness, in each case if, after giving effect to if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such event, the additional Indebtedness to EBITDA Ratio is incurred would be less than (i) 6.5 have been at least 2.0 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring determined on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Date, a pro forma effect will be given to basis (including a pro forma application of the offerings closed by the Company at or about the Closing Datenet proceeds therefrom), as if such transactions the additional Indebtedness had occurred been incurred at the beginning of such four-quarter period. In addition ; provided, further, that any Restricted Subsidiary that is not a Guarantor may not incur Indebtedness or issue shares of Disqualified Stock or Preferred Stock in a principal amount (but without duplicationor accreted value, as applicable) that, when aggregated with the principal amount (or accreted value, as applicable) of all Indebtedness then outstanding and incurred by such non-Guarantor Restricted Subsidiaries under this clause (a), in making together with all Permitted Refinancing Indebtedness incurred to refund, refinance or replace any such Indebtedness, exceeds the foregoing calculation, greater of $650.0 million and 65% of the Consolidated Cash Flow of the Company for the most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding such date on which such additional Indebtedness is incurred and after giving pro forma effect will be given to: thereto (i) the incurrence of such Indebtedness and (if applicable) the including a pro forma application of the net proceeds therefrom, including to refinance other Indebtedness, ) as if such Indebtedness was indebtedness had been incurred and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option of the Company, a fixed or floating rate of interest, interest thereon will be computed by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):four fiscal quarters.

Appears in 1 contract

Samples: Indenture (SB/RH Holdings, LLC)

Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. The Company will not, and will not permit any Restricted Subsidiary to, create, issue, assume, guarantee or in any manner become directly or indirectly liable for the payment of, or otherwise incur (collectively, "incur"), any Indebtedness (including Acquired Indebtedness and the issuance of Disqualified Stock), except that (x) the Company may incur Indebtedness and a Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiaries) may incur Indebtedness, in each case if, after giving effect to at the time of such event, the Fixed Charge Coverage Ratio for the immediately preceding four full fiscal quarters for which internal financial statements are available, taken as one accounting period, would have been equal to at least 2.0 to 1.0 and (y) OCC may incur Indebtedness if, at the time of such event, the OCC Fixed Charge Coverage Ratio for the immediately preceding four full fiscal quarters for which internal financial statements are available, taken as one accounting period, would have been equal to EBITDA Ratio would be less than (i) 6.5 at least 2.0 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Issue Date, pro forma effect will be given to the offerings closed by the Company at or about the Closing DateOffering, as if such transactions had occurred at the beginning of such four-quarter period. In addition (but without duplication), in making the foregoing calculation, pro forma effect will be given to: (i) the incurrence of such Indebtedness and (if applicable) the application of the net proceeds therefrom, including to refinance other Indebtedness, as if such Indebtedness was incurred and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-four- quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option of the Company, a fixed or floating rate of interest, interest thereon will be computed by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):

Appears in 1 contract

Samples: Indenture (Ascent Entertainment Group Inc)

Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. The Company will shall not, and will shall not permit any Restricted Subsidiary of its Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or in any manner otherwise become directly or indirectly liable for the payment ofliable, contingently or otherwise incur otherwise, with respect to (collectively, "incur"), ) any Indebtedness (including Acquired Indebtedness Debt) and the issuance Company shall not issue any Disqualified Stock or preferred stock and shall not permit any of its Restricted Subsidiaries to issue any Disqualified Stock)Stock or preferred stock, except PROVIDED, HOWEVER, that the Company may incur Indebtedness (including Acquired Debt) or issue Disqualified Stock or preferred stock and a Subsidiary Guarantor (other than SAH Acquisition II and its the Company's Restricted Subsidiaries) Subsidiaries may incur Indebtedness, in each case if, after giving effect to Indebtedness (including Acquired Debt) and issue Disqualified Stock or preferred stock if the Fixed Charge Coverage Ratio for the Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such event, the additional Indebtedness to EBITDA Ratio would be less than is incurred or such Disqualified Stock or preferred stock is issued (i) 6.5 for such dates from the Issue Date up to 1.0but not including September 30, 2000, would have been at least 2 to 1; (ii) for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15such dates from September 30, 2000 up to but not including March 31, 2001, would have been at least 2.25 to 1; and prior (iii) thereafter would have been at least 2.50 to Marcx 00, 0000, xx 1; each determined on a PRO FORMA basis (xxx) 0.0 to 1.0, for any incurrence occurring on March 15, 2002 or thereafter. In making including a PRO FORMA application of the foregoing calculation for any four-quarter period that includes the Closing Date, pro forma effect will be given to the offerings closed by the Company at or about the Closing Datenet proceeds therefrom), as if such transactions the additional Indebtedness had occurred been incurred, or the Disqualified Stock or preferred stock had been issued, as the case may be, at the beginning of such four-quarter period. In addition (but without duplication)As long as no Default shall have occurred and be continuing or would be caused thereby, in making the foregoing calculation, pro forma effect will be given to: (i) first paragraph of this Section 1008 shall not prohibit the incurrence of such Indebtedness and (if applicable) the application any of the net proceeds therefrom, including to refinance other Indebtedness, as if such Indebtedness was incurred and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount following items of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period(collectively, (B) if such Indebtedness bears, at the option of the Company, a fixed or floating rate of interest, interest thereon will be computed by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted IndebtednessDebt"):

Appears in 1 contract

Samples: Indenture (Oci Holdings Inc)

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Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiary Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee guaranty or in any manner otherwise become directly or indirectly liable for the payment of, or otherwise incur with respect to (collectively, "incur"), ) any Indebtedness (including Acquired Indebtedness Debt) and the issuance Company shall not issue any Disqualified Stock and shall not permit any of Disqualified Stock)its Restricted Subsidiaries to issue any preferred stock, except provided, however, that the Company may incur Indebtedness and or issue shares of Disqualified Stock if the Interest Coverage Ratio for the Company's most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is incurred or such Disqualified Stock is issued would have been at least equal to the ratio set forth below opposite the period in which such incurrence or issuance occurs, determined on a Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiaries) may incur Indebtedness, in each case if, after giving effect to such event, the Indebtedness to EBITDA Ratio would be less than (i) 6.5 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Date, pro forma effect will be given to basis (including a pro forma application of the offerings closed by the Company at or about the Closing Datenet proceeds therefrom), as if such transactions the additional Indebtedness had occurred been incurred, or the Disqualified Stock had been issued, as the case may be, at the beginning of such four-quarter period. In addition (but without duplication): Period Ending Ratio May 15, 1996 2.25:1 May 15, 1997 2.50:1 May 15, 1998 and thereafter 2.75:1 provided, however, that, in making the foregoing calculationcase of Indebtedness, pro forma effect will be given to: (i) the incurrence Weighted Average Life to Maturity of such Indebtedness and (if applicable) is greater than the application remaining Weighted Average Life to Maturity of the net proceeds therefrom, including to refinance other Indebtedness, as if such Indebtedness was incurred Notes by at least one year and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at has a final scheduled maturity that exceeds the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option final stated maturity of the Company, a fixed or floating rate of interest, interest thereon will be computed Notes by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):least one year.

Appears in 1 contract

Samples: Terex Corp

Limitation on Incurrence of Indebtedness and Issuance of Preferred Stock. (a) The Company will not, and will not permit any of its Restricted Subsidiary Subsidiaries to, create, issue, assume, guarantee or in any manner become directly or indirectly liable for the payment ofindirectly, or otherwise incur (collectively, "incur"), any Indebtedness (including Acquired Indebtedness Debt), and the issuance Company will not permit any of Disqualified its Restricted Subsidiaries to issue any Preferred Stock); provided, except however, that the Company may incur Indebtedness and a or any Restricted Subsidiary Guarantor (other than SAH Acquisition II and its Restricted Subsidiaries) may incur Indebtedness, in each case if, after giving effect to if the Fixed Charge Coverage Ratio for the Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such event, the additional Indebtedness to EBITDA Ratio is incurred would be less than (i) 6.5 have been at least 2.0 to 1.0, for any incurrence occurring through Marcx 00, 0000, (xx) 0.05 to 1.0, for any incurrence occurring after March 15, 2000 and prior to Marcx 00, 0000, xx (xxx) 0.0 to 1.0, for any incurrence occurring determined on March 15, 2002 or thereafter. In making the foregoing calculation for any four-quarter period that includes the Closing Date, a pro forma effect will be given to basis (including a pro forma application of the offerings closed by the Company at or about the Closing Datenet proceeds therefrom), as if such transactions the additional Indebtedness had occurred been incurred at the beginning of such four-quarter period. In addition ; provided, further, that any Restricted Subsidiary that is not a Guarantor may not incur Indebtedness or issue shares of Disqualified Stock or Preferred Stock in a principal amount (but without duplicationor accreted value, as applicable) that, when aggregated with the principal amount (or accreted value, as applicable) of all Indebtedness then outstanding and incurred by such non-Guarantor Restricted Subsidiaries under this clause (a), in making together with all Permitted Refinancing Indebtedness incurred to refund, refinance or replace any such Indebtedness, exceeds the foregoing calculation, greater of $500 million and 50% of the Consolidated Cash Flows of the Company for the most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding such date on which such additional Indebtedness is incurred and after giving pro forma effect will be given to: thereto (i) the incurrence of such Indebtedness and (if applicable) the including a pro forma application of the net proceeds therefrom, including to refinance other Indebtedness, ) as if such Indebtedness was indebtedness had been incurred and the application of such proceeds occurred at the beginning of such four-quarter period, (ii) the incurrence, repayment or retirement of any other Indebtedness by the Company or its Restricted Subsidiaries since the first day of such four-quarter period as if such Indebtedness was incurred, repaid or retired at the beginning of such four-quarter period and (iii) the acquisition (whether by purchase, merger or otherwise) or disposition (whether by sale, merger or otherwise) of any company, entity or business acquired or disposed of by the Company or its Restricted Subsidiaries, as the case may be, since the first day of such four-quarter period, as if such acquisition or disposition occurred at the beginning of such four-quarter period. In making a computation under the foregoing clause (i) or (ii), (A) the amount of Indebtedness under a revolving credit facility will be computed based on the average daily balance of such Indebtedness during such four-quarter period, (B) if such Indebtedness bears, at the option of the Company, a fixed or floating rate of interest, interest thereon will be computed by applying, at the option of the Company, either the fixed or floating rate and (C) the amount of any Indebtedness that bears interest at a floating rate will be calculated as if the rate in effect on the date of determination had been the applicable rate for the entire period (taking into account any Hedging Obligations applicable to such Indebtedness if such Hedging Obligations have a remaining term at the date of determination in excess of 12 months). Notwithstanding the foregoing, the Company may, and may permit its Restricted Subsidiaries (except as specified below) to, incur the following Indebtedness ("Permitted Indebtedness"):four fiscal quarters.

Appears in 1 contract

Samples: Supplemental Indenture (SB/RH Holdings, LLC)

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