Common use of Maximum Distributions Clause in Contracts

Maximum Distributions. The ratio of Distributions of FFO to FFO before preferred dividends shall not exceed 95%, measured on a rolling four-quarter basis, provided however, that (i) as long as there is no Default or Event of Default and none of the Loans has been accelerated, EPR shall not be prohibited from making Distributions that are necessary to maintain REIT Status (measured on a rolling four quarter basis), as evidenced by a certificate of the chief financial officer of EPR or its Vice President – Finance containing calculations in reasonable detail reasonably satisfactory in form and substance to the Agent, and (ii) EPR may make additional Distributions to the extent permitted under Section 9.2.

Maximum Distributions. The ratio of Distributions of FFO to FFO before preferred dividends shall not exceed 95ninety percent (90%), measured on a rolling four-quarter basis, provided however, that (i) as long as there is no Default or Event of Default and none of the Loans has been accelerated, EPR shall not be prohibited from making Distributions that are necessary to maintain REIT Status (measured on a rolling four quarter basis), as evidenced by a certificate of the chief financial officer of EPR or its Vice President – Finance containing calculations in reasonable detail reasonably satisfactory in form and substance to the Agent, and (ii) EPR may make additional Distributions to the extent permitted under Section 9.2§8.7 hereof. For purposes of this covenant calculation, FFO shall exclude the effect of non-cash impairment charges.

Maximum Distributions. The ratio of Distributions of FFO to FFO before preferred dividends shall not exceed 95%, measured on a rolling four-quarter basis, provided however, that (i) as long as there is no Default or Event of Default and none of the Loans has been accelerated, EPR shall not be prohibited from making Distributions that are necessary to maintain REIT Status (measured on a rolling four quarter basis), as evidenced by a certificate of the chief financial officer of EPR or its Vice President – Finance containing calculations in reasonable detail reasonably satisfactory in form and substance to the Agent, and (ii) EPR may make additional Distributions to the extent permitted under Section 9.2.

Maximum Distributions. The ratio of Distributions of FFO to FFO before preferred dividends shall not exceed 95ninety percent (90%), measured on a rolling four-quarter basis, provided however, that (i) as long as there is no Default or Event of Default and none of the Loans has been acceleratedDefault, EPR shall not be prohibited from making Distributions that are necessary to maintain REIT Status (measured on a rolling four quarter basis), as evidenced by a certificate of the chief financial officer of EPR or its Vice President – Finance containing calculations in reasonable detail reasonably satisfactory in form and substance to the Administrative Agent, and (ii) EPR the Parent Guarantor may make additional Distributions to the extent permitted under Section 9.28.7 of the EPR Credit Agreement. For purposes of this covenant calculation, FFO shall exclude the effect of non-cash impairment charges.

Maximum Distributions. The ratio of Distributions of FFO to FFO before preferred dividends shall not exceed 95ninety percent (90%), measured on a rolling four-quarter basis, provided however, that (i) as long as there is no Default or Event of Default and none of the Loans has been accelerated, EPR shall not be prohibited from making Distributions that are necessary to maintain REIT Status (measured on a rolling four quarter basis), as evidenced by a certificate of the chief financial officer of EPR or its Vice President – Finance containing calculations in reasonable detail reasonably satisfactory in form and substance to the Agent, and (ii) EPR may make additional Distributions to the extent permitted under Section 9.29.2 hereof.