Common use of Ratio Calculations Clause in Contracts

Ratio Calculations. Notwithstanding anything to the contrary herein, with respect to any amount incurred or transaction entered into or consummated in reliance on a provision of this Agreement that does not require compliance with a financial ratio or test (including, without limitation, any tests based on the Consolidated Total Leverage Ratio, Consolidated Interest Expense or Consolidated EBITDA) (any such amounts, the “Fixed Amounts”) substantially concurrently with any portion of such amount or transaction incurred, entered into or consummated in reliance on a provision of this Agreement that requires compliance with a financial ratio or test (including any tests based on the Consolidated Total Leverage Ratio, Consolidated Interest Expense or Consolidated EBITDA) (any such amounts, the “Incurrence-Based Amounts”), it is understood and agreed that any portion of the amounts incurred, or transactions entered into or consummated, in compliance with any Fixed Amounts shall be disregarded in the calculation of the financial ratio or test applicable to the relevant Incurrence-Based Amounts.