Common use of Limitations on Additional Indebtedness Clause in Contracts

Limitations on Additional Indebtedness. The Parent shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness; provided that the Issuer or any Guarantor may incur additional Indebtedness (including Acquired Indebtedness) if no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the Indebtedness and if, after giving effect thereto, either (a) the Consolidated Fixed Charge Coverage Ratio would be at least 2.00 to 1.00 or (b) the ratio of Consolidated Indebtedness to Consolidated Tangible Net Worth would be less than 3.00 to 1.00 (either (a) or (b), the “Ratio Exception”). Notwithstanding the above, so long as no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the following Indebtedness, each of the following shall be permitted (the “Permitted Indebtedness”):

Appears in 5 contracts

Samples: Indenture (William Lyon Homes Inc), Indenture (William Lyon Homes), Indenture (William Lyon Homes)

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Limitations on Additional Indebtedness. The Parent Issuer shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness; provided that the Issuer or any Guarantor Restricted Subsidiary may incur additional Indebtedness (including Acquired Indebtedness) if no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the Indebtedness and if, after giving effect thereto, either (a) the Consolidated Fixed Charge Coverage Ratio would be at least 2.00 to 1.00 or (b) the ratio of Consolidated Indebtedness to Consolidated Tangible Net Worth would be less than 3.00 to 1.00 (either (a) or (b), the “Ratio Exception”). Notwithstanding the above, so long as no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the following Indebtedness, each of the following shall be permitted (the “Permitted Indebtedness”):

Appears in 3 contracts

Samples: Indenture (Meritage Corp), Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Limitations on Additional Indebtedness. The Parent Issuers shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness; provided provided, however, that the Issuer or any Guarantor may incur additional Indebtedness (including Acquired Indebtedness) if no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the Indebtedness and if, after giving effect thereto, either (a) the Consolidated Fixed Charge Coverage Ratio would be at least 2.00 to 1.00 or (b) the ratio of Consolidated Indebtedness to Consolidated Tangible Net Worth would be less than 3.00 to 1.00 (either (a) or (b), the "Ratio Exception"). Notwithstanding the above, so long as no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the following Indebtedness, each of the following shall be permitted (the "Permitted Indebtedness"):

Appears in 1 contract

Samples: Ashton Houston Residential L.L.C.

Limitations on Additional Indebtedness. The Parent Issuer shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness; provided that the Issuer or any Guarantor Restricted Subsidiary may incur additional Indebtedness (including Acquired Indebtedness) if no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the Indebtedness and if, after giving effect thereto, either (a) the Consolidated Fixed Charge Coverage Ratio would be at least 2.00 to 1.00 or (b) the ratio of Consolidated Indebtedness to Consolidated Tangible Net Worth would be less than 3.00 to 1.00 (either (a) or (b), the "Ratio Exception"). Notwithstanding the above, so long as no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the following Indebtedness, each of the following shall be permitted (the "Permitted Indebtedness"):

Appears in 1 contract

Samples: Meritage Corp

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Limitations on Additional Indebtedness. (a) The Parent Company shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, incur any Indebtedness (including Acquired Indebtedness); provided provided, however, that the Issuer Company or any Guarantor Restricted Subsidiary may incur additional Indebtedness (including Acquired Indebtedness) if no Default shall have occurred and be continuing at the time of or as a consequence of the incurrence of the Indebtedness and if, after giving effect theretothereto on a pro forma basis, either (ai) the Consolidated Fixed Charge Coverage Ratio would be at least 2.00 to 1.00 or (bii) the ratio of Consolidated Indebtedness to Consolidated Tangible Net Worth Ratio would be less no more than 3.00 2.25 to 1.00 (either (ai) or (bii), the “Ratio Exception”). Notwithstanding ; provided, further, that any Restricted Subsidiary that is not a Guarantor may not incur Indebtedness pursuant to the above, so long as no Default shall have occurred Ratio Exception in excess of an aggregate amount outstanding at any one time not to exceed the greater of (a) $15,000,000 and be continuing (b) 3.0% of Consolidated Tangible Assets at the time of or as a consequence of the incurrence of the following Indebtedness, each of the following shall be permitted (the “Permitted Indebtedness”):incurrence.

Appears in 1 contract

Samples: Indenture (New Home Co Inc.)

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