Limitations on Total Liabilities Sample Clauses

Limitations on Total Liabilities. The Parent shall not at any time permit the Leverage Ratio to be greater than 6.0 to 1.0.
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Limitations on Total Liabilities. The Parent shall not at any time permit the Leverage Ratio to be greater than 6.0 to 1.0; provided, however, that at any time after the Parent has achieved an Investment Grade Rating, the Parent may make a one-time election to increase the maximum Leverage Ratio to 7.0 to 1.0 for the four consecutive calendar quarters commencing with the next calendar quarter following such election for which the Borrower is required to deliver financial statements pursuant to Section 5.05(a).
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Limitations on Total Liabilities. The Parent’s Leverage Ratio shall not at any time exceed 60%.
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Limitations on Total Liabilities. The Parent shall not at any time permit the Leverage Ratio to be greater than 6.0 6.50 to 1.0 1.00; provided, however, that the Leverage Ratio may be increased to 7.00 to 1.00 at the Borrower's election (x) one time for four consecutive fiscal quarters at any time after the Parent has achieved an Investment Grade Rating, the Parent may make a one-time election to increase the maximum Leverage Ratio to 7.0 to 1.0 for the four consecutive calendar quarters commencing with the next calendar quarter following such election for which the Borrower is required to deliver financial statements pursuant to Section 5.05(a) (y) one or more times for two consecutive fiscal quarters each following a Material Acquisition, or (z) one time for two consecutive fiscal quarters so long as no Default has occurred and is continuing and the Applicable Margin is increased as set forth in the definition of Applicable Margin; provided further that such elections may not be made simultaneously.
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Limitations on Total Liabilities. The Parent shall not on any date permit (a) the Leverage Ratio to be greater than 50% or (b) the Total Liabilities (including, without limitation, the Obligations) of the Parent to exceed the product of (i) the Parent's Adjusted EBITDA (on a Consolidated basis) for the preceding Rolling Period MULTIPLIED BY (ii) five (5); PROVIDED THAT, in no event shall the Borrower or the Parent permit the Total Liabilities of the Parent to exceed the amount permitted under the Articles of Incorporation of the Parent; PROVIDED FURTHER that if any Property of the Parent has been sold or conveyed by the Parent in such period, the Adjusted EBITDA from such Property shall be excluded from the calculation of Adjusted EBITDA for the Parent for such period; PROVIDED FURTHER that if the Parent has acquired any Property in such period, the Adjusted EBITDA from such Property during such entire period shall be included in the calculation of Adjusted EBITDA for the Parent for such period, adjusted to provide for a deemed management fee in lieu of the actual management fee incurred for such Property before the date of acquisition of such Property equal to the product of (a) gross revenues from such Property for the period of time prior to acquisition TIMES (b) the greater of (i) three percent (3%) and (ii) the base management fee percentage contracted for such Property subsequent to the date of acquisition; and PROVIDED FURTHER that if the Capital Lease Obligations of a Capital Lease are excluded from the definition of "Total Liabilities", the Parent's Adjusted EBITDA shall be reduced by the amount of the payments made under such Capital Lease during such Rolling Period to the extent such payments were not already included in the calculation of Adjusted EBITDA.
Sample 1
Limitations on Total Liabilities. The Parent shall not on any date permit the Leverage Ratio to be greater than 50%.
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Limitations on Total Liabilities. The Parent shall not (a) -------------------------------- on any date prior to November 15, 2002 permit the Leverage Ratio to be greater than 55% and (b) on any date on or after November 15, 2002 permit the Leverage Ratio to be greater than 50%.
Sample 1
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Limitations on Total Liabilities. 50 Section 7.04 Limitations on Unsecured Indebtedness. 50 Section 7.05 Limitations on Secured Indebtedness. 50
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Limitations on Total Liabilities. The Parent shall not at any time permit the Leverage Ratio to be greater than 6.50 to 1.00; provided, however, that the Leverage Ratio may be increased to 7.00 to 1.00 at Borrower’s election (x) one time for four consecutive fiscal quarters at any time after the Parent has achieved an Investment Grade Rating, (y) one or more times for two consecutive fiscal quarters each following a Material Acquisition, or (z) one time for two consecutive fiscal quarters so long as no Default has occurred and is continuing and the Applicable Margin is increased as set forth in the definition of Applicable Margin; provided further that such elections may not be made simultaneously.
Sample 1

Related to Limitations on Total Liabilities

  • Limitations on Termination Except as provided in Section 9.1, neither the Seller nor the Certificateholders shall be entitled to revoke or terminate the Issuer.

  • Limitations on Amounts A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate LC Exposure of the Issuing Bank (determined for these purposes without giving effect to the participations therein of the Lenders pursuant to paragraph (e) of this Section) shall not exceed $25,000,000, (ii) the total Multicurrency Credit Exposures shall not exceed the aggregate Multicurrency Commitment and (iii) the total Covered Debt Amount shall not exceed the Borrowing Base then in effect.

  • Limitations on Asset Sales (a) The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, consummate any Asset Sale unless:

  • Limitations on Incurrence of Debt (i) The Company will not, and will not permit any Subsidiary to, incur any Debt if, immediately after giving effect to the incurrence of such additional Debt and the application of the proceeds thereof, the aggregate principal amount of all outstanding Debt of the Company and its Subsidiaries on a consolidated basis determined in accordance with GAAP is greater than 60% of the sum ("Adjusted Total Assets") of (without duplication) (i) the Total Assets of the Company and its Subsidiaries as of the end of the calendar quarter covered in the Company's Annual Report on Form 10-K, or the Quarterly Report on Form 10-Q, as the case may be, most recently filed with the Securities and Exchange Commission (or, if such filing is not permitted under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), with the Trustee) prior to the incurrence of such additional Debt and (ii) the purchase price of any real estate assets or mortgages receivable acquired, and the amount of any securities offering proceeds received (to the extent that such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company or any Subsidiary since the end of such calendar quarter, including those proceeds obtained in connection with the incurrence of such additional Debt.

  • LIMITATIONS ON ACTIVITIES Anything else in this Agreement to the contrary notwithstanding, the Advisor shall refrain from taking any action which, in its sole judgment made in good faith, would (a) adversely affect the status of the Company as a REIT, (b) subject the Company to regulation under the Investment Company Act of 1940, as amended, (c) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, the Shares or its other securities, or (d) not be permitted by the Articles of Incorporation or Bylaws, except if such action shall be ordered by the Board, in which case the Advisor shall notify promptly the Board of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given. Notwithstanding the foregoing, the Advisor, its directors, officers, employees and stockholders, and the directors, officers, employees and stockholders of the Advisor’s Affiliates shall not be liable to the Company or to the Board or Stockholders for any act or omission by the Advisor, its directors, officers, employees or stockholders, or for any act or omission of any Affiliate of the Advisor, its directors, officers, employees or stockholders, except as provided in Section 5.02 of this Agreement.

  • Limitations on Indebtedness Create, incur, assume or suffer to exist any Indebtedness except:

  • Limitations on Payments Notwithstanding the foregoing, no payments shall be made under Sections 3.01(d), 3.01(e), 4.03(b) or 4.03(c) if, at or prior to the time the payment is due, the Convertible Shares have been converted into Shares in the case of Sections 3.01(d) and 3.01(e), or, in the case of Sections 4.03(b) and 4.03(c), the determination of the number of Shares issuable upon conversion of the Convertible Shares has been made in accordance with Article First, Section (iii)(c) of the Articles Supplementary, dated as of March 22, 2006, to the Articles of Incorporation, in each case, without any reduction in the number of Convertible Shares converted or in the value or number of Shares to be issued upon such conversion that may be triggered under the terms of the Convertible Shares to avoid jeopardizing the Company’s REIT status. If, however, the Convertible Shares have been converted into Shares in the case of Sections 3.01(d) and 3.01(e), or, in the case of Sections 4.03(b) and 4.03(c), the determination of the number of Shares issuable upon conversion of the Convertible Shares has been made in accordance with Article First, Section (iii)(c) of the Articles Supplementary, dated as of March 22, 2006, to the Articles of Incorporation, in each case, with a reduction in the number of Convertible Shares converted or in the value or number of Shares issued upon such conversion triggered under the terms of the Convertible Shares to avoid jeopardizing the Company’s REIT status, (i) no payments otherwise due and payable under Section 3.01(d) (“Offset Payments”) shall be paid until the aggregate amount of such Offset Payments equals the aggregate value of the Shares (as determined at the time of such conversion as being the Company Value divided by the number of Shares outstanding at such time) issued or issuable upon conversion of the Convertible Shares, and (ii) any payments otherwise due and payable under Section 3.01(e), 4.03(b) or 4.03(c) shall be reduced, dollar-for-dollar, by an amount equal to the aggregate value of the Shares (as determined at the time of such conversion as being the Company Value divided by the number of Shares outstanding at such time) issued or issuable upon conversion of the Convertible Shares.

  • Limitations on Interest It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Lease. If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord’s and Tenant’s express intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder.

  • Limitations on Amount Buyer will have liability (for indemnification or otherwise) with respect to claims under Section 11 only for an amount equal to the amount of the Purchase Price paid by Buyer as of the date that the claim for indemnification is made.

  • Limitations on Debt Create, incur, assume or suffer to exist any Debt except:

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