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)
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
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
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
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
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
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
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
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
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
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
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
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
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