Capitalization Covenant definition

Capitalization Covenant has the meaning assigned to such term in Section 6.05(a).
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Capitalization Covenant is defined in Section 6.15.”
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Examples of Capitalization Covenant in a sentence

  • The Leverage Covenant shall be tested in lieu of the Capitalization Covenant until and including the earlier of (x) the end of the first two consecutive full fiscal quarters commencing following the Closing Date that the Borrower is in compliance with the Capitalization Covenant and (y) December 31, 2017.

  • Subject to Lender’s confirmation of satisfaction of each of the covenants set forth in Section 2 (f) above, Lender shall waive (the “Waiver”) Borrower’s failure to comply with the (A) DSCR Covenant during the period beginning October 1, 2008 and ending March 31, 2009, and the (B) Capitalization Covenant, and the (C) RBC Covenant during the period beginning October 1, 2008 and ending December 31, 2008 (collectively referred to herein as the “Waiver Period”).

  • The failure to comply with the Total Funded Debt to Total Capitalization Covenant or the Guaranteed Indebtedness Covenant at any time after the date hereof and the occurrence of an event of default under the Note Agreement or Dairy Facility Reimbursement Agreement, in each case, other than as described in the definition of Existing Defaults, shall constitute an event of default under this Agreement.

  • Market Capitalization" (requiring the Lessee to maintain a market capitalization of at least $1,000,000,000) (the "Capitalization Covenant") and (b) has requested that the Lessor waive compliance with the Capitalization Covenant.

  • This Amendment does not constitute a waiver of the (A) DSCR Covenant, the (B) Capitalization Covenant, nor the (C) RBC Covenant for any time period other than the Waiver Period, nor does it constitute a waiver of any other provision in the Agreement.

  • The Lessor hereby waives compliance with the Capitalization Covenant until the earlier of December 13, 2000 or the effectiveness of the amendment to the Master Lease set forth in Section 2.2 below.

  • The Leverage Covenant shall be tested in lieu of the Capitalization Covenant until and including the earlier of (x) the end of the first two consecutive full fiscal quarters commencing following the KLA-Tencor Acquisition Closing Date that the Borrower is in compliance with the Capitalization Covenant and (y) December 31, 2017.

  • For the avoidance of doubt, Lender’s Waiver with respect to Borrower’s failure to comply with the (A) DSCR Covenant, the (B) Capitalization Covenant, and the (C) RBC Covenant during the Waiver Period is subject to an express condition subsequent, namely, Lender’s verification of Borrower’s compliance with each of the covenants contained in the new covenant added to the Agreement as provided in Section 2 (f) above on or before the dates such covenants are required to be performed.

  • If such amendment does not become effective on or before December 13, 2000, the Lessee's failure to be in compliance with the Capitalization Covenant after December 13, 2000 for any reason shall result in an Event of Default under the Lease in accordance with Section 8 of the Master Lease.

  • Borrower has requested and Lender is willing to agree to a temporary and limited waiver of Borrower’s failure to comply with the (A) DSCR Covenant, (B) Capitalization Covenant, and (C) RBC Covenant, subject to the terms and conditions set forth below.