Common use of Permitted Convertible Notes Clause in Contracts

Permitted Convertible Notes. (i) issue any Permitted Convertible Notes unless the following requirements have been satisfied: (A) the Borrower shall have provided a certificate to the Agent and the Lenders, together with such financial projections and other information as the Lenders may reasonably require, confirming that the Total Funded Debt to EBITDA Ratio will not exceed of 4.00:1 at the time of issuance of the Permitted Convertible Notes or at any time thereafter up to and including the Maturity Date; and (B) the trustee under the trust indenture in respect of the Permitted Convertible Notes shall have executed and delivered to the Agent an acknowledgement confirming the subordination and postponement provisions contained in such trust indenture; and (ii) after the issuance of the Permitted Convertible Notes (if any), agree to any material amendments to the terms and conditions thereof or the trust indenture relating thereto;