Common use of New Stores Clause in Contracts

New Stores. In any calendar year, neither Borrower nor any of its Subsidiaries shall make or commit to make any expenditures in respect of the opening or the acquisition of any Store if after giving ef- fect to such opening or acquisition, the total number of Stores acquired or opened by Borrower and its Subsidiaries in such calendar year exceeds the then applicable Maximum Number; provided, that, if at the time the first commitment in respect of such opening or acquisition is made the Leverage Ratio (as calculated in accordance with the provisions of clause (iii) of the definition of Leverage Ratio), as set forth in a certificate of the chief financial officer of Borrower delivered to the Administrative Agent prior to such opening or acquisition, is less than 0.5:1.0, then such Store may be opened or acquired, as the case may be, whether or not the Maximum Number is so exceeded.