Section 7.15. Pro Forma Debt Service Coverage. The ratio of (a)
Annualized Cash Flow calculated with Pro Forma Adjustments to (b) Consolidated
Debt Service for the immediately preceding period of four consecutive fiscal
quarters shall not at any time be less than (i) from October 1, 1991 to and
including December 31, 1992, 1 to 1, and (ii) from January 1, 1993 and
thereafter, 1.2 to 1.
Section 7.16. Funded Debt to Cash Flow. The ratio of Consolidated
Funded Debt to Consolidated Annualized Cash Flow calculated with Pro Forma
Adjustments shall not at any time be greater than (i) from October 1, 1991 to
and including December 31, 1992, 8.5 to 1, (ii) from January 1, 1993 to and
including June 30, 1993, 8.0 to 1, (iii) from July 1, 1993 to and including
December 31, 1993, 7.5 to 1, (iv) from January 1, 1994 to and including June 30,
1994, 7.0 to 1, (v) from July 1, 1994 to and including December 31, 1995, 6.5 to
1 and (vi) from January 1, 1996 and thereafter, 6.0 to 1.
Section 7.17. Transactions with Affiliates. Neither the Company nor any
Subsidiary will enter into any transaction with any Person controlled by or
under common control with the Company on any terms more favorable to such
affiliate than those that would be obtained in an arm's length transaction,
except as expressly permitted by the Partnership Agreement.
Section 7.18. Defeasance. The Company will not extinguish for any
purpose any Indebtedness, including the Notes, by means of "in-substance
defeasance" in accordance with Statement of Financial Accounting Standards
Number 76 (November 1983) issued by the Financial Accounting Standards Board, or
by any other mens, except by direct and full payment to the creditor or as a
result of the legal release of liability by such creditor.
SECTION 8. Reports.
Section 8.1. Financial Statements. The Company will deliver to each
holder of a Note:
(a) as soon as practicable after the end of each of the first three
quarters in each fiscal year of the Company, and in any event within 60 days
thereafter, duplicate copies of:
(i) the consolidated and consolidating balance sheet of the
Company and its Subsidiaries as of the end of quarter, and