Test Period. (a) In connection with the calculation of financial covenant compliance on a Pro Forma Basis as required in connection with any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted Acquisition, and (b) in connection with the calculation of the financial covenants set forth in ss.11 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Test Period. (a) In connection with the calculation of financial covenant ----------- compliance on a Pro Forma Basis as required in connection by (S)10.3(i) with respect to any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted Acquisition, and (b) in connection with the calculation of the financial covenants set forth in ss.11 (S)11 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Test Period. (a) In connection with the calculation of financial covenant compliance on a Pro Forma Basis as required in connection by ss.8.5.1 with respect to any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted AcquisitionAcquisition for which financial information is available, and (b) in connection with the calculation of the financial covenants set forth in ss.11 ss.9 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Auto Finance Co Inc)
Test Period. (a) In connection with the calculation of financial covenant compliance on a Pro Forma Basis as required in connection with any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted Acquisition, and (b) in connection with the calculation of the financial covenants set forth in ss.11 xxxxx xx §00 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Test Period. (a) In connection with the calculation of financial covenant ----------- compliance on a Pro Forma Basis as required in connection by (S)9.3(k) with respect to any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted Acquisition, and (b) in connection with the calculation of the financial covenants set forth in ss.11 (S)10 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Test Period. (a) In connection with the calculation of financial covenant compliance on a Pro Forma Basis as required in connection by Section 11.5.1(b)(v) with respect to any proposed Permitted Acquisition, the period of four fiscal quarters most recently ended prior to such Permitted AcquisitionAcquisition for which financial information is available, and (b) in connection with the calculation of the financial covenants set forth in ss.11 Section 12 hereof following any Permitted Acquisition, the period of all fiscal quarters (and any portion of a fiscal quarter) prior to the date of such Permitted Acquisition included in the calculation of such financial covenant.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)