Common use of Limitation on Indebtedness Clause in Contracts

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):

Appears in 10 contracts

Samples: Merger Agreement (Davita Inc), Merger Agreement (Physicians Management, LLC), Physicians Management, LLC

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 8 contracts

Samples: Indenture (J.M. Tull Metals Company, Inc.), Indenture (Ryerson Tull Inc /De/), Indenture (Clayton Williams Energy Inc /De)

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Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 6 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (New Gold Inc. /FI), Indenture (Hudbay Minerals Inc.)

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any its Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 6 contracts

Samples: Supplemental Indenture (Covanta Holding Corp), Third Supplemental Indenture (Covanta Holding Corp), Fourth Supplemental Indenture (Covanta Holding Corp)

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 5 contracts

Samples: Senior Notes Indenture (We Co.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 4 contracts

Samples: Berry Petroleum (Berry Petroleum Co), Berry Petroleum (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 3 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (Coastal Paper CO), Tower Automotive Inc

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 3 contracts

Samples: Indenture (Prospect Medical Holdings Inc), Indenture (Cellu Tissue - CityForest LLC), Indenture (Cellu Tissue Holdings, Inc.)

Limitation on Indebtedness. The Company will not, not and will not permit any of its Restricted Subsidiaries toto incur Indebtedness, Incur and will not permit any Indebtedness (including Acquired Indebtedness)Restricted Subsidiary to issue preferred stock; provided, however, provided that the Company and/or any of its Restricted Subsidiaries may incur Indebtedness and any Restricted Subsidiary Subsidiaries of the Company may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (issue preferred stock if one of the “Coverage Ratio Exception”):following conditions have been satisfied:

Appears in 3 contracts

Samples: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any its Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 3 contracts

Samples: Indenture (Plains Exploration & Production Co), Plains Resources Inc, Plains Exploration & Production Co L P

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, howeverexcept, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Supplemental Indenture (Quicksilver Resources Inc), Supplemental Indenture (Quicksilver Resources Inc)

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Supplemental Indenture (Ship Finance International LTD), General Maritime Corp/

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):

Appears in 2 contracts

Samples: Davita Inc, Davita Inc

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):.

Appears in 2 contracts

Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc), Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Limitation on Indebtedness. The Company will may not, and will may not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, howeverexcept, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Supplemental Indenture (Quicksilver Resources Inc), Quicksilver Resources Inc

Limitation on Indebtedness. The Company will may not, and will may not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, howeverexcept, that the Company and any Restricted Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: First Supplemental Indenture (Unit Corp), First Supplemental Indenture (Unit Corp)

Limitation on Indebtedness. The (a)The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, howeverexcept, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Supplemental Indenture (Quicksilver Resources Inc), Supplemental Indenture (Quicksilver Resources Inc)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including including, without limitation, Acquired Indebtedness); provided, however, that any of the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Cimarex Energy Co, Columbus Energy Corp

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company may Incur Indebtedness, and any Restricted Subsidiary may Incur Indebtedness (including Acquired other than Capital Markets Indebtedness that is not Permitted Capital Markets Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Indenture (Stena Ab), Indenture (Stena Ab)

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any its Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Indenture (Mq Associates Inc), Indenture (Eye Care Centers of America Inc)

Limitation on Indebtedness. (a) The Company will and QS Wholesale shall not, and will the Company shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and Company, QS Wholesale or any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver Inc)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 2 contracts

Samples: Indenture (Deluxe Corp), Deluxe Corp

Limitation on Indebtedness. (1) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any the Restricted Subsidiary Subsidiaries (other than the Designated Non-Guarantor Subsidiaries) may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”)::

Appears in 1 contract

Samples: Hong Kong Television Network LTD

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Gibraltar Industries, Inc.

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Jiffy Lube International Inc

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries toto directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):other than as permitted by Section 4.06(b).

Appears in 1 contract

Samples: www.astonmartin.com

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and Issuers or any Restricted of the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Gerdau Usa Inc

Limitation on Indebtedness. The Company will not, not and will not permit any of its Restricted Subsidiaries toto incur Indebtedness, Incur and the Company will not permit any Indebtedness (including Acquired Indebtedness)Restricted Subsidiary to issue preferred stock; provided, however, provided that the Company and any Restricted Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (incur any of the “Coverage Ratio Exception”):following:

Appears in 1 contract

Samples: Subordination Agreement (Cheniere Energy Inc)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date of such Incurrence:

Appears in 1 contract

Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired other than Permitted Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):.

Appears in 1 contract

Samples: cms.posadas.com

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):except:

Appears in 1 contract

Samples: HRM Holdings Corp

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Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted -------- ------- the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date of the Incurrence:

Appears in 1 contract

Samples: Avalon Rehabilitation & Healthcare LLC

Limitation on Indebtedness. (1) The Company Corporation will not, and will cause each Restricted Subsidiary not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (Indebtedness, including any Acquired Indebtedness); provided, however, that the Company foregoing will not prohibit the Corporation and any Restricted Subsidiary may Incur Indebtedness (including Acquired from Incurring Permitted Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):.

Appears in 1 contract

Samples: First Supplemental Indenture

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur Incur, directly or indirectly, any Indebtedness (including Acquired IndebtednessDebt); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):except:

Appears in 1 contract

Samples: Supplemental Indenture (Owens & Minor Inc/Va/)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including including, without limitation, Acquired Indebtedness); provided, however, that any of the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, if on the date thereof and after giving effect thereto (the “Coverage Ratio Exception”):on a pro forma basis:

Appears in 1 contract

Samples: Supplemental Indenture (Cimarex Energy Co)

Limitation on Indebtedness. The Company and the Affiliate Issuer will not, and will not permit any of its the Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):that:

Appears in 1 contract

Samples: Intercreditor Agreement (Liberty Global PLC)

Limitation on Indebtedness. Section 3.5 The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any the Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (NCL CORP Ltd.)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):that:

Appears in 1 contract

Samples: Indenture (Inspired Entertainment, Inc.)

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (Indebtedness, including any Acquired Indebtedness); provided, however, that the Company and but excluding any Restricted Subsidiary may Incur Indebtedness (including Acquired Permitted Indebtedness) if, after giving effect thereto (the “Coverage Ratio Exception”):.

Appears in 1 contract

Samples: Indenture (Hollinger Inc)

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any its Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (Community Health Systems Inc)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (Gibraltar Industries, Inc.)

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company may Incur Indebtedness, and any Restricted Subsidiary may Incur Indebtedness (including Acquired other than Capital Markets Indebtedness that is not Permitted Capital Markets Indebtedness) if), after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (Stena Ab)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and or any Restricted of the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Indenture (Imco Recycling Inc)

Limitation on Indebtedness. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors, if any, may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Deluxe Corp

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company Company, any Guarantor and any Securitization Entity that is a Restricted Subsidiary may Incur Indebtedness, and any Restricted Subsidiary may Incur Indebtedness (including incur Acquired Indebtedness) , in either case, if, after giving effect thereto (the “Coverage Ratio Exception”)::

Appears in 1 contract

Samples: Indenture (Integrated Energy Technologies Inc)

Limitation on Indebtedness. The Company will not, and will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any the Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Stewart & Stevenson LLC

Limitation on Indebtedness. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any the Restricted Subsidiary Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date thereof:

Appears in 1 contract

Samples: Lease Agreement (Clayton Williams Energy Inc /De)

Limitation on Indebtedness. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, to Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any Restricted the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if, after giving effect thereto (if on the “Coverage Ratio Exception”):date of such Incurrence:

Appears in 1 contract

Samples: Poindexter J B & Co Inc

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