Common use of Fixed Charges Clause in Contracts

Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled principal payments made on Indebtedness, but excluding any such principal payments made to the extent refinanced with other Indebtedness. FLSA: the Fair Labor Standards Act of 1938.

Appears in 3 contracts

Samples: Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Seneca Foods Corp)

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Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments made to the extent refinanced and Distributions made; provided, however, that, “interest expense” shall not include interest expense in connection with other Indebtednessintercompany Debt solely among Obligors. FLSA: the Fair Labor Standards Act of 1938.

Appears in 2 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

Fixed Charges. the sum of cash interest expense (other than payment-in-kind) and regularly paid, scheduled principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments voluntary or mandatory prepayments of Debt under the Second Lien Documents and Subordinated Debt, and Distributions made to the extent refinanced with (other Indebtednessthan cash Distributions paid in respect of tax obligations). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (United Maritime Group, LLC)

Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments made to the extent refinanced with other Indebtednessand Distributions made. FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Mynd.ai, Inc.)

Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money (including on account of any earn-outs), but excluding any such principal payments and Distributions made to the extent refinanced with (other Indebtednessthan Distributions between Borrowers). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

Fixed Charges. the sum of (a) cash interest expense (other than payment-in-kind) and regularly scheduled net of interest income received in cash, (b) principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments made to the extent refinanced with other Indebtednessand (c) Distributions made. FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Guaranty and Security Agreement (ArcLight Clean Transition Corp.)

Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money (including on account of any earn-outs), but excluding any such principal payments and Distributions made (other than Distributions between Borrowers to the extent refinanced with other Indebtednesspermitted hereunder). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

Fixed Charges. the sum sum, without duplication, of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money (including on account of any earn-outs), but excluding any such principal payments and Distributions made (other than Distributions between Borrowers to the extent refinanced with other Indebtednesspermitted hereunder). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

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Fixed Charges. for any period, the sum of interest expense Consolidated Interest Expense (other than payment-in-kind) and regularly ), scheduled principal payments made or required to be made on IndebtednessBorrowed Money, but excluding any such principal payments and Distributions made (other than a Distribution made by a subsidiary to the extent refinanced with other Indebtednessa Borrower). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrum Brands, Inc.)

Fixed Charges. for any applicable period, the sum of interest expense (other than payment-in-kind) and ), regularly scheduled principal payments made on IndebtednessBorrowed Money (other than Revolver Loans), but excluding income taxes paid, cash costs paid under any such principal payments made to the extent refinanced with other IndebtednessHedge Agreement, and cash Distributions actually made. FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Fixed Charges. the sum of cash interest expense (other than payment-in-kind) and regularly scheduled expense, principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments and Distributions made (other than Distributions made to Obligors to the extent refinanced with other Indebtednesspermitted hereunder). For the avoidance of doubt, Fixed Charges shall not include the Incentive Payment. FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Fixed Charges. the sum of interest expense (other than payment-in-kind) and regularly scheduled ), principal payments made on IndebtednessBorrowed Money, but excluding any such principal payments made to the extent refinanced with and cash Distributions (other Indebtednessthan Permitted Tax Distributions and Upstream Payments). FLSA: the Fair Labor Standards Act of 1938.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinera Corp)

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