Financial Covenant Compliance. The Borrower shall be in compliance, on a pro forma basis after giving effect to such Credit Extension, with the Financial Covenants, as satisfied by the Closing Compliance Certificate, or once delivered, the most recent Compliance Certificate delivered by the Borrower.
Financial Covenant Compliance. Upon release of the subject Borrowing Base Property, the Financial Covenants shall remain satisfied (or be satisfied if the release cures a Default which resulted from the Financial Covenants not being satisfied).
Financial Covenant Compliance. To the knowledge of Guarantor, as of the date hereof, Guarantor is not in default (nor has Guarantor received any written notice alleging the occurrence of a default) under any of its financial covenants set forth in any document evidencing or pertaining to its current senior credit facility. For purposes of this Guaranty, any reference to “Senior Debt” shall mean Guarantor’s current senior credit facility, as that facility may be renewed, amended, modified, restated, rearranged or refinanced, and any credit facility into which Guarantor enters during the term of this Guaranty that replaces or provides credit in lieu of that current senior credit facility or any replacement or substitute facility, as the case may be. Guarantor shall provide to Landlord written notice of any default by Guarantor under any of its financial covenants set forth in any document evidencing or pertaining to its Senior Debt (the “Debt Covenants”), such notice to be delivered by Guarantor to Landlord within twenty (20) days after Guarantor first obtains knowledge of such default (a “Debt Covenant Default”) or, if Guarantor is entitled to notice of such Debt Covenant Default under the applicable loan documents, within twenty (20) days after receipt by Guarantor of such notice of such Debt Covenant Default. Notwithstanding the foregoing, throughout the period of time during which the Guarantor is a Public Filer, notice of any Debt Covenant Default by Guarantor shall be deemed given to Landlord in satisfaction of Guarantor’s obligations hereunder if such Debt Covenant Default is disclosed in a form 8-K filed by Guarantor or in any other publicly available information filed with, at the direction of, or pursuant to the requirements of, the Securities and Exchange Commission.
Financial Covenant Compliance. After giving effect to such increase in Revolving Credit Commitments and assuming the full amount of such increase in Revolving Credit Commitments were fully drawn as Loans, the Borrower shall be in compliance, on a Pro Forma Basis, with the Financial Covenants, and the Borrower shall deliver to the Administrative Agent prior to the effectiveness of such increase to the Revolving Credit Commitments an Officer’s Certificate certifying compliance with the requirements of this clause (x) and setting forth calculations in reasonable detail showing such compliance.
Financial Covenant Compliance. The Co-Borrowers are in pro forma compliance with the financial covenants in Section 7.09.
Financial Covenant Compliance. The Administrative Borrower shall be in Financial Covenant Compliance after giving pro forma effect to the incurrence of the Refinancing Revolving Commitments and the other Sixth Amendment Transactions.
Financial Covenant Compliance. On the Account Control Agreement Completion Date, the Administrative Agent shall have received written evidence reasonably satisfactory to it that, as of the Account Control Agreement Completion Date, the Borrower is in compliance with Section 10.01 and Section 8.18(a).
Financial Covenant Compliance. At all times since the submission of the last Compliance Certificate provided by Borrower to Lender in accordance with the terms of the Agreement (as long as any Advance was outstanding during such time), Borrower’s (i) Adjusted Tangible Net Worth has remained at or above $[then-required amount]; (ii) Unrestricted Cash has remained at or above $[then-required amount]; (iii) ratio of Indebtedness to Adjusted Tangible Net Worth has remained at or above [then-required ratio]; and (iv) Net Income has not been negative for more than [then-required time period] consecutive months.
Financial Covenant Compliance. The Administrative Agent received evidence reasonably satisfactory to it that, immediately after giving effect to the Borrowing on the Closing Date, on a pro forma basis, the Borrower was in compliance with the covenant set forth in Section 10.01 as in effect on such date.
Financial Covenant Compliance. In the case of a Borrowing of Revolving Credit Loans or Swingline Loans, if the Financial Covenant is or would be in effect on such date after giving effect to such Borrowing, the Borrower shall be in Pro Forma Compliance with the Financial Covenant as of the last day of the Relevant Reference Period after giving effect to such extension of credit requested by the Borrower to be made on such date. Each Borrowing of a Loan (other than a conversion of Loans to the other Type, or a continuation of Eurodollar Loans) by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by Parent and the Borrower as of the date of such extension of credit that the conditions contained in this Section 4.2 have been satisfied.
