Sentences with phrase «debt covenants in»

Casella breached debt covenants in 2012 before inking a new, two - year refinancing deal in mid-2012.

Not exact matches

Lion's investment came with what KeyBanc Capital Markets analyst Edward Yruma, in a recent note, called «unusually tight» debt covenants.

In January, the Company replaced its existing debt with a $ 10.0 million credit agreement to strengthen its balance sheet, provide additional cash for operations and provide increased financial and operating flexibility through a covenant package more suitable to its business.

The fund disclosed this month it is not in compliance with one of its debt covenants, and reported there is «significant doubt» it can repay the $ 65.6 - million loan as required by Dec. 31.

Another way to look at that is if those in the audience who know what covenant - light loans are, which are loans without a lot of stuff tied around you, back in» 06,»07 less than 20 percent of the debt was issued cov - light.

These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.

In addition to factors previously disclosed in Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionIn addition to factors previously disclosed in Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisionin a timely manner, could trigger a default of other obligations under cross-default provisions.

Debt covenants may soon become just another issue in the already long list if Valeant defaults on its bond indentures.

Aceto Corp. shares tumbled after the firm said it is seeking a waiver from its bank regarding debt service and financial covenants, naming a new interim CFO and taking hundreds of millions of dollars in write - downs related to its products.

The incurrence of debt financing would result in debt service obligations and the instruments governing such debt could provide for operating and financing covenants that would restrict our operations.

We expect that the New Credit Facility will contain a number of covenants that, among other things, restrict SSE Holdings» ability to, subject to specified exceptions, incur additional debt; incur additional liens and contingent liabilities; sell or dispose of assets; merge with or acquire other companies; liquidate or dissolve itself, engage in businesses that are not in a related line of business; make loans, advances or guarantees; pay dividends or make other distributions (with certain exceptions, including tax distributions and repurchases of management equity); engage in transactions with affiliates; and make investments.

A creditor could stipulate in a debt covenant that the company that's borrowing money must not exceed a certain debt - to - equity ratio.

Emphatically, the next recession, the next equity bear market, and the accompanying collapse in low - quality covenant - lite debt will not be the result of the Fed tightening rates, but will instead be part of economic and financial dynamics that are already baked in the cake.

The past several years have featured little more than a gigantic asset swap, the short description being that massive volumes of government debt have been swapped by central banks for massive volumes of idle bank reserves, while massive volumes of low - yielding, covenant - lite debt have been issued into the hands of yield - seeking investors, in order to retire massive volumes of corporate equities at elevated valuations through buybacks.

At the end of December, $ US259.3 million of the debt facility was drawn and Atlas said it remained in compliance with its covenants.

One of the Australian wine industry's greatest success stories, Casella Wines, has plunged to its first loss in more than 20 years, putting it in breach of its debt covenants and forcing it to slash costs as a high Australian dollar cuts profit from its popular Yellow Tail label.

Casella Family Brands MD John Casella says the country's third - largest winemaker will return to profit this financial year, ending a horror stretch that put the vintner in breach of its debt covenants.

Speaking to BusinessDay from New York, where he is meeting with key US importers and distributors who handle the bulk of the 12 million cases a year the Griffith - based winery produces, Mr Casella hit out at recent reports, including one in The Wall Street Journal, that portrayed the business as mired in financial woes due to its first reported loss in 20 years and a breach of its debt covenants.

Casella Family Brands managing director John Casella says the company will return to profit this financial year, ending a horror stretch that put the nation's third - largest winemaker in breach of its debt covenants.

FriendFinder was either in compliance or had waivers for all of its debt covenants as of June 30, 2012.»

As of September 30, 2008, our balance sheet had... $ 420m in short - term debt... $ 411m of which had been reclassified from long - term debt, due to our failure to comply with certain covenants and restrictions in the agreements governing our 2005 Notes and 2006 Notes... We do not currently have sufficient cash to repay this indebtedness if our debt is accelerated and if the noteholders instituted foreclosure proceedings against our assets.

Accordingly, borrowers will be required to covenant in the credit agreement to provide ongoing financial and project information not only during construction, but so long as any Bureau credit instrument is outstanding and / or until any debt obligation to the Federal Government is fully repaid.

-» (A) IN GENERAL. - To be eligible for assistance under this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include -» (i) a rate covenant, if applicable;» (ii) adequate coverage requirements to ensure repayment;» (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and» (iv) a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $ 75,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.»

A loss of liquidity does far more damage than volatility in earnings results, unless there are debt covenant violations.

Only if OFHEO decides to mimic the treatment in GAAP would it force capital - raising, absent any net worth covenants on their debt that might be poorly written.

During fiscal 2009, the Company was faced with a de-listing warning from the New York Stock Exchange which was only overcome due to a favorable change in requirements, and was forced to renegotiate its revolving credit agreement at less favorable terms when it appeared the Company would likely violate its debt covenants.

As if to add insult to injury, at the time of the dividend elimination the offering proceeds were concurrently used to prepay debt in excess of the Company's required covenant (ironically to the level at which DHT would be permitted to issue further dividends), and without receiving any concessions from its lender.

1) The debt must be paid back in 10 yrs 2) The debt must bear an interest rate charge that is not less than the government's prescribed amount at the time it is taken out 3) Interest on the debt must be paid not longer than 60 days after the end of the each year 4) There can be no covenant, guarantee, or indeminity to forgive the debt (i.e. — the debtee must have the full legal right to come after the debtor if the debtor defaults)

A review of high - yield debt investments should cover: (1) analysis of the industry, including growth rates, special risks and leading companies; (2) analysis of the bond issuer, including the company's position in its industry; new products; management stability; the outlook for growth in revenues and cash flow as captured in Earnings Before Interest, Taxes, Depreciation and Amortization, also called EBITDA; value of corporate assets and the debt maturity schedule; and (3) analysis of the issue, including special provisions in the «bond indenture,» covenants protecting the bondholder, use of the money raised in bond offerings, debt seniority, secondary market liquidity and call provisions.

For example, the covenant may include leases in the debt calculation, or it may consider capital leases as an expense.

You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as «Released Parties») FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

Where the debt limitation covenant in a lending agreement with the bank is ambiguous as whether or not a particular form of financing counts against the limit — should we risk being sued by the bank if we think that we need that financing?

The Court of Appeal ruled that while there was no doubt that mitigation applied to a claim for damages for breach of lease covenant, the same could not be said for a claim for rent which was in debt.

But having bought ALM at the top of the market, the post-crisis advertising downturn hit Incisive hard and it breached its lending covenants in 2008 as debt grew to nine times earnings.

In the last three years we have worked on about 60 debt capital market transactions with a value of over $ 100 billion and are a recognized as market leader in High yield bonds, Yankee bonds, Eurobonds, covenanted Eurobonds, Euro and US Private Placements and EMTN offeringIn the last three years we have worked on about 60 debt capital market transactions with a value of over $ 100 billion and are a recognized as market leader in High yield bonds, Yankee bonds, Eurobonds, covenanted Eurobonds, Euro and US Private Placements and EMTN offeringin High yield bonds, Yankee bonds, Eurobonds, covenanted Eurobonds, Euro and US Private Placements and EMTN offerings.

She has particular experience in advising on contractual disputes, claims for urgent injunctions (including in relation to breach of restrictive covenants and breach of confidence), disputes between shareholders, contentious trust issues, debt recovery, claims for professional negligence and fraud.

You know we can not let our EBITA go below $ 600 million or we are in violation of our debt covenants.

Having bought ALM at the top of the market, the post-crisis advertising downturn hit Incisive hard and it breached its lending covenants in 2008 as debt grew to nine times earnings.

He has particular experience of the sale of goods and supply of services, contracts of agency (estate agencies, recruitment agencies and financial consultancies), franchise agreements, seeking and resisting injunctive relief in cases concerning covenants in restraint of trade and misuse of confidential information, contracts of guarantee (enforceability and construction of terms), civil fraud, bailment and conversion, debt recovery and restitutionary remedies.

We also represent health care organizations subject to Internal Revenue Service audits and those in financial distress regarding compliance with financial covenants and the restructuring of their debt obligations.

Assisted clients in obtaining financing and developed controls to ensure compliance with debt covenants.

• Skilled in monitoring debt levels by complying with debt covenants and performing follow up activities.