Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 169)

(d) Fiscal Year. Make or permit any change in the fiscal year of the Company.

(e) Substance Storage and Disposal. Permit any Hazardous Materials to be generated, used, treated, handled

or stored at, or transported to or from, any property owned or operated by any Borrower or any of its Subsidiaries in any

manner that could result in the incurrence by any Borrower or any of its Subsidiaries of remedial obligations or liabilities

under any applicable Environmental Law, except (a) as set forth on Schedule 4.01 hereto and (b) for substances (i) to be used

in the business of such Borrower or such Subsidiary pending and during such use and (ii) that are generated or used in the

business of such Borrower or such Subsidiary pending their disposal.

SECTION 5.03. Financial Covenants. So long as any Advance or any Letter of Credit shall remain unpaid or any

Lender shall have any Commitment hereunder, the Company will:

(a) Leverage Ratio. Maintain a Leverage Ratio as of the last day of each of its fiscal quarters of not greater

than 3.5 to 1.

(b) Cash Flow Coverage Ratio. Maintain a Cash Flow Coverage Ratio as of the last day of each of its fiscal

quarters of not less than 3.25 to 1.

ARTICLE VI

EVENTS OF DEFAULT

SECTION 6.01. Events of Default. If any of the following events ("Events of Default") shall occur and be

continuing:

(a) Any Borrower shall fail (i) to pay any principal of any Advance when the same becomes due and payable

or (ii) to pay any interest on any Advance or to make any payment of fees or other amounts payable under this Agreement or

any Note within three Business Days after the same becomes due and payable; or

(b) Any representation or warranty made by any Borrower herein or by any Borrower (or any of its officers) in

connection with this Agreement (including, without limitation, in the Designation Letter of any Borrower) shall prove to have

been incorrect or misleading in any material respect when made; or

Section 5.01(a), (d), (h), (i) or (j)(v), or 5.02(a) or (b), or 5.03 to be performed or observed by such Borrower or (ii) any other

term, covenant or agreement contained in this Agreement to be performed or observed by such Borrower if such failure shall

remain unremedied for 30 days after the earlier of (A) the first date on which a Responsible Officer of any Borrower knows

or has reason to know of such failure and (B) the date on which written notice thereof shall have been given to the Company

or the applicable Borrower by the Administrative Agent or any Lender; or

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 169