Sentences with phrase «of debt covenants»

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

Additional reserves are occasionally required as part of debt covenants, especially regarding bonds or loans for school buildings.

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

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.

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 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.

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.

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.

Not exact matches

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.

Any refinancing of our debt could be at higher interest rates and may require us to comply with more onerous covenants, which could further restrict our business operations.

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 provisions.

Other important facets of debt investments include any covenants required of the debtor, events of default, recourse, prepayment provisions, fraudulent conveyance, underlying security, and many others.

Other considerations that have historically been important would persist independent of our various concerns about profit margins, Fed - induced yield - seeking, covenant - lite leveraged loan issuance, equity margin debt, economic deceleration, and so forth.

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.

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.

Clearly, we can not spend all the cash and it also depends on a little bit on the covenants of our 200 million debt on how much cash we are required to carry.

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.

-» (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.

I also didn't like that they had to refinance their debt at a high interest rate to get rid of some covenants.

That would still cause them to violate the minimum net worth covenant on their bank debt, if they lost control of their subsidiaries.

With bonds, it is a little easier, because you can tell when debt covenants, etc., and other terms of lending weaken.

An example of a covenant may include the promise not to issue any more debt.

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.

Unless the fair value accounting leads a company to violate a debt covenant, typically it does not have that much effect, because it does not change the pattern of cash flows that the company will generate.

Interest cover ratio is also a regular feature of loan covenants requiring borrowers to maintain a minimum level of interest cover failing which may impose the immediate settlement of debt.

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 OTHERWISof 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 OTHERWISof 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 OTHERWISof 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 OTHERWISOF 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 OTHERWISOF 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 OTHERWISOF 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 OTHERWISOF 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 OTHERWISOF 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?

Throughout his career, he has drafted numerous LLC operating, shareholder, joint venture and partnership agreements and other corporate formation and organization documents; M&A agreements; securities offering memoranda and subscription agreements; employment, consulting and independent contractor agreements; debt and convertible equity instruments; distribution and marketing agreements; consents and waivers; restrictive covenant agreements; software licenses; SAAS agreements and assignments; website T&C s, privacy policies; brand and trademark licensing agreements; HIPAA agreements; corporate governance documents; and a wide variety of other contract for media, technology and other companies and funds.

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 offerings.

This will extinguish the covenants under the mortgage, including any guarantees of the mortgage debt.

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.

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.

Parties normally expect that the burden of any covenant or charge will be a debt or encumbrance such as to depress the value of the widow / widower's estate for IHT purposes on the future death.

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.

Debt capacity: Real estate can carry a fair amount of debt, 75 % or 90 % of a property's value, this debt can have a meaningful impact to an organization's balance sheet, credit rating and corporate debt covenaDebt capacity: Real estate can carry a fair amount of debt, 75 % or 90 % of a property's value, this debt can have a meaningful impact to an organization's balance sheet, credit rating and corporate debt covenadebt, 75 % or 90 % of a property's value, this debt can have a meaningful impact to an organization's balance sheet, credit rating and corporate debt covenadebt can have a meaningful impact to an organization's balance sheet, credit rating and corporate debt covenadebt covenants.