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Financial Management and Analysis of Projects : 7. Knowledge Management : 7.13. Model Capital Structure Covenants
7.13.2. Debt Service Coverage (Version B: Forecast orientation) (see 3.6.3.3)
Section_____.
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For the purposes of this Loan Agreement, all financial calculations,
ratios, and financial covenants shall be applied in respect of
the Borrower's Operations only.
-
Except as ADB shall otherwise agree, the Borrower shall not incur
any Debt unless a Reasonable Forecast of the revenues and expenditures
of the Borrower shows that the estimated Free Cash Flows of the
Borrower for each Fiscal Year during the term of the Debt to be
incurred shall be at least _____times the estimated Debt Service
Requirements of the Borrower in such year on all Debt of the Borrower
including the debt to be incurred and no event has occurred since
the date of the forecast which has, or may reasonably be expected
in the future to have, a material adverse effect on the financial
condition of future operating results of the Borrower.
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For the purposes of this Section:34
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The term "Borrower's Operations" refers to the [identify
relevant part of the operations] operations of the Borrower.
- The
term "Debt" means any indebtedness of the Borrower
maturing by its terms more than one year after the date on
which it is originally incurred.
- Debt
shall be deemed to be incurred: (a) under a loan contract
or agreement or other instrument providing for such Debt or
for the modification of its terms of payment on the date of
such contract, agreement or instrument; and (b) under a guarantee
agreement, on the date the agreement providing for such guarantee
has been entered into.
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"Free Cash Flows" means the difference between:
- the
sum of revenues from all sources related to Operations
and Net Non-operating Income, after making adequate provisions
for uncollectible Debts; and
- the
sum of all expenses related to Operations including administration,
maintenance, taxes and payments in lieu of taxes, but
excluding provision for depreciation, other non-cash operating
charges, movements in Working Capital, and interest and
other charges on debt.
- "Net
Non-operating Income" means the difference between:
-
revenues from all sources, including extraordinary gains,
other than those related to operations; and receipts relating
to the disposal of physical assets; and
-
expenses including taxes and payments in lieu of taxes,
and including extraordinary losses, incurred in the generation
of revenues in (v)(A) above; and payments for the purchase
of physical assets, whether or not actually paid.
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The term "Working Capital" means the difference
between Current Assets and Current Liabilities at the end
of each Fiscal Year.35
- The
term "Current Assets" means all assets which could
in the ordinary course of business be converted into cash
within twelve months, including accounts receivable, marketable
securities, inventories and prepaid expenses properly chargeable
to operating expenses within the next Fiscal Year.
- The
term "Current Liabilities" means all liabilities
which will become due and payable or could under circumstances
then existing be called for payment within twelve months,
including accounts payable, customer advances, debt service
requirements, taxes and payments in lieu of taxes, and dividends.
- The
term "Debt Service Requirements" means the aggregate
amount of repayments (including sinking fund payments, if
any) of, and interest and other charges on Debt..
- The
term "Reasonable Forecast" means a forecast prepared
by the Borrower not earlier than nine months prior to the
incurrence of the Debt in question, which both ADB and the
Borrower accept as reasonable, and to which ADB has notified
the Borrower of its acceptability.
- Whenever
for the purposes of this Section it shall be necessary to
value, in terms of the currency of the Guarantor, Debt payable
in another currency, such valuation shall be made on the basis
of the prevailing lawful rate of exchange at which such other
currency is at the time of such valuation obtainable for the
purposes of servicing such Debt, or, in the absence of such
rate, on the basis of a rate of exchange acceptable to ADB.
_________________________
34 The
definitions may be incorporated into the general definitions section.
35 The
definition of Fiscal Year should be incorporated into the general
definitions section as ' "Fiscal Year" means the accounting
year of the Borrower commencing on ___ and ending on the following
____ or such other period as the Borrower, with ADB's consent, designates
as its accounting year.'
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7.13.1. Debt Service Coverage (Version A: Historical orientation) | Next 7.13.3. Debt-Equity Ratio |
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