Common use of Limitation on Indebtedness Clause in Contracts

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.

Appears in 6 contracts

Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Carvana Co.

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Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 6 contracts

Samples: Indenture (Ero Copper Corp.), Indenture (New Gold Inc. /FI), Indenture (Hudbay Minerals Inc.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 6 contracts

Samples: Seventh Supplemental Indenture (Covanta Holding Corp), Supplemental Indenture (Covanta Holding Corp), Supplemental Indenture (Covanta Holding Corp)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.0 to 1.001.0.

Appears in 6 contracts

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company Issuer and any of its Restricted Subsidiaries the Guarantors may Incur incur Indebtedness (including Acquired Indebtedness) ), if on the date of such Incurrence incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Consolidated Total Leverage Ratio of the Company and its Restricted Subsidiaries is would have been no greater than 2.00 4.50 to 1.00.

Appears in 5 contracts

Samples: Initial Agreement (Frontier Communications Corp), Initial Agreement (Frontier Communications Corp), Frontier Communications Corp

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.001.0.

Appears in 5 contracts

Samples: Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 5 contracts

Samples: Secured Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 1.00 to 1.00.

Appears in 4 contracts

Samples: Intercreditor Agreement (Carvana Co.), Carvana Co., Carvana Co.

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.:

Appears in 4 contracts

Samples: Berry Petroleum (Berry Petroleum Co), Berry Petroleum (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its the Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.

Appears in 4 contracts

Samples: Senior Indenture (NXP Semiconductors N.V.), Note Guarantee Supplement (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Issuer or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.0 to 1.001.0.

Appears in 2 contracts

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.

Appears in 2 contracts

Samples: Assignment Agreement (NXP Semiconductors N.V.), NXP Semiconductors N.V.

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur directly or indirectly, incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof)basis, the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than at least 2.00 to 1.00.

Appears in 2 contracts

Samples: Indenture (Iamgold Corp), Indenture (Iamgold Corp)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 2 contracts

Samples: Indenture (Colt Defense Technical Services LLC), License Agreement (Colt Finance Corp.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Issuer or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.75 to 1.001.0.

Appears in 2 contracts

Samples: Cabot Financial (Encore Capital Group Inc), Cabot Financial (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur Incur, directly or indirectly, any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may the Subsidiary Guarantors shall be entitled to Incur Indebtedness (including Acquired Indebtednessincluding, without limitation, Indebtedness Incurred under a Credit Agreement) if if, on the date of such Incurrence and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof)basis, the Fixed Charge Consolidated Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 exceeds 2 to 1.001.

Appears in 1 contract

Samples: Indenture (Reddy Ice Holdings Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of basis the proceeds thereof), the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than at least 2.00 to 1.00.

Appears in 1 contract

Samples: Indenture (Eldorado Gold Corp /Fi)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.

Appears in 1 contract

Samples: Skillz Inc.

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Issuer or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.75 to 1.001.0.

Appears in 1 contract

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Issuer or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.25 to 1.001.0.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries toto directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of basis the proceeds thereof), the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than at least 2.00 to 1.00.

Appears in 1 contract

Samples: Indenture (Blockbuster Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Non-Funding Indebtedness) , if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Consolidated Non-Funding Debt to Tangible Equity Ratio of the Company and its Restricted Subsidiaries is not greater than 2.00 1.75 to 1.00.

Appears in 1 contract

Samples: Indenture (OneMain Financial Holdings, Inc.)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur Incur, directly or indirectly, any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may the Subsidiary Guarantors shall be entitled to Incur Indebtedness (including Acquired IndebtednessIndebtedness Incurred under a Credit Agreement) if if, on the date of such Incurrence and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof)basis, the Fixed Charge Consolidated Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 exceeds 2 to 1.001.

Appears in 1 contract

Samples: Indenture (Reddy Ice Holdings Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if if, on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof)basis, the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than at least 2.00 to 1.00.

Appears in 1 contract

Samples: American Axle & Manufacturing Holdings Inc

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of thereof the proceeds thereof), the Fixed Charge Coverage Leverage Ratio of for the Company and its Restricted Subsidiaries is greater less than 2.00 3 to 1.001.

Appears in 1 contract

Samples: www.sberbank-cib.com

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of thereof the proceeds thereof), the Fixed Charge Consolidated Coverage Ratio of the Company and its Restricted Subsidiaries is would be greater than 2.00 to 1.002.25:1.00.

Appears in 1 contract

Samples: Viasystems Group Inc

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that that, the Company and any of its Restricted Subsidiaries Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Leverage Ratio of for the Company and its Restricted Subsidiaries is no greater than 2.00 7.00 to 1.00.

Appears in 1 contract

Samples: Intercreditor Agreement (Urban One, Inc.)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company Issuer and any of its Restricted Subsidiaries Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 1 contract

Samples: Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries Subsidiary to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and or any of its Restricted Subsidiaries Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on if, after giving effect to the date Incurrence of such Incurrence Indebtedness and after giving pro forma effect thereto (including pro forma the receipt and application of the proceeds thereof)therefrom, the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries Company’s most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is greater than 2.00 Incurred would be at least 2 to 1.001.

Appears in 1 contract

Samples: Indenture (DreamWorks Animation SKG, Inc.)

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Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries that are Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and thereof, after giving pro forma effect thereto (including pro forma application to the incurrence of the proceeds thereof)such Indebtedness, the Fixed Charge Coverage Leverage Ratio of for the Company and its Restricted Subsidiaries is greater less than 2.00 6.00 to 1.00.

Appears in 1 contract

Samples: Advanstar Communications Inc

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Non-Funding Indebtedness) , if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Consolidated Non-Funding Debt to Equity Ratio of the Company and its Restricted Subsidiaries is not greater than 2.00 1.75 to 1.00.

Appears in 1 contract

Samples: Indenture (Ladder Capital Corp)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, to Incur any Indebtedness (including Acquired Indebtedness); provided, however, that that: the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) , if on no Default or Event of Default shall have occurred and be continuing at the date time of such Incurrence or would occur as a consequence of such Incurrence and the Consolidated Coverage Ratio would be equal to at least 1.20 to 1.00 after giving pro forma effect thereto (including pro forma application to the Incurrence of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00such Indebtedness.

Appears in 1 contract

Samples: Comforce Corp

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur Incure any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.001.0.

Appears in 1 contract

Samples: NXP Manufacturing (Thailand) Co., Ltd.

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries toto directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 1 contract

Samples: Indenture (Brunswick Corp)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Non-Funding Indebtedness) , if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Consolidated Debt to Equity Ratio of the Company and its Restricted Subsidiaries is not greater than 2.00 4.00 to 1.00.

Appears in 1 contract

Samples: Indenture (Ladder Capital Finance Corp)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 1 contract

Samples: Note Purchase Agreement (Wmi Holdings Corp.)

Limitation on Indebtedness. (a) The Company shall not, and shall will not permit any of its Restricted Subsidiaries to, that are not Guarantors to Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its such Restricted Subsidiaries Subsidiary may Incur Indebtedness (including Acquired Indebtedness) if if, on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.001.0.

Appears in 1 contract

Samples: Credit Agreement (NXP Semiconductors N.V.)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, directly or indirectly, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 1 contract

Samples: Supplemental Indenture (Thompson Creek Metals CO Inc.)

Limitation on Indebtedness. (a) The Issuer and the Company shall not, and the Company shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Issuer, the Company and or any of its Restricted Subsidiaries Subsidiary Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.:

Appears in 1 contract

Samples: Quiksilver Inc

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) Permitted Debt if on the date of such Incurrence and thereof and, after giving pro forma effect thereto (including pro forma and the application of the proceeds thereof)thereof on a pro forma basis, the Fixed Charge Coverage Consolidated Leverage Ratio of for the Company and its Restricted Subsidiaries is would be no greater than 2.00 5.75 to 1.00.

Appears in 1 contract

Samples: Indenture (McClatchy Co)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Subsidiary Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of thereof and after giving effect to such Incurrence and after giving the application of proceeds therefrom on a pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.basis:

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company Company, the Subsidiary Guarantors and any of its the other Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if on the date of such the Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 at least 2.0 to 1.001.0.

Appears in 1 contract

Samples: Senior Indenture (Hanover Compression Lp)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries Issuer or a Guarantor may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 2.5 to 1.001.0.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur directly or indirectly, incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries the Guarantors may Incur incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence thereof and after giving effect thereto on a pro forma effect thereto (including pro forma application of the proceeds thereof)basis, the Fixed Charge Consolidated Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than at least 2.00 to 1.00.

Appears in 1 contract

Samples: Indenture (Iamgold Corp)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that after the expiry of the Bridge Period the Company and any of its Restricted Subsidiaries the Guarantors may Incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.001.0.

Appears in 1 contract

Samples: Credit Agreement (NXP Manufacturing (Thailand) Co., Ltd.)

Limitation on Indebtedness. (a) The Company shall will not, and shall will not permit any of its Restricted Subsidiaries to, Incur incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur incur Indebtedness (including Acquired Indebtedness) if on the date of such Incurrence incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Consolidated Non- Funding Debt to Equity Ratio of the Company and its Restricted Subsidiaries is not greater than 2.00 1.75 to 1.00.

Appears in 1 contract

Samples: Indenture (Lennar Corp /New/)

Limitation on Indebtedness. (a) The Company shall not, and shall not permit any of its Restricted Subsidiaries to, Incur any Indebtedness (including Acquired Indebtedness); provided, however, that the Company and any of its Restricted Subsidiaries may Incur Indebtedness (including Acquired Indebtedness) if ), if, in each case, on the date of such Incurrence and after giving pro forma effect thereto (including pro forma application of the proceeds thereof), the Fixed Charge Coverage Ratio of for the Company and its Restricted Subsidiaries is greater than 2.00 to 1.00.

Appears in 1 contract

Samples: Master Agreement (GCP Applied Technologies Inc.)

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