ELN » Topics » Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.

This excerpt taken from the ELN 6-K filed Mar 30, 2009.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions and could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
•  Incur additional debt;
 
•  Create liens;
 
•  Enter into transactions with related parties;
 
•  Enter into some types of investment transactions;
 
•  Engage in some asset sales or sale and leaseback transactions;
 
•  Pay dividends or buy back our Ordinary Shares; and
 
•  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debt or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 20-F filed Feb 26, 2009.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions and could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
  •  Incur additional debt;
 
  •  Create liens;


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  •  Enter into transactions with related parties;
 
  •  Enter into some types of investment transactions;
 
  •  Engage in some asset sales or sale and leaseback transactions;
 
  •  Pay dividends or buy back our Ordinary Shares; and
 
  •  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 6-K filed Mar 31, 2008.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
•  Incur additional debt;
 
•  Create liens;
 
•  Enter into transactions with related parties;
 
•  Enter into some types of investment transactions;
 
•  Engage in some asset sales or sale and leaseback transactions;

Elan Corporation, plc 2007 Annual Report 145


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•  Pay dividends or buy back our Ordinary Shares; and
 
•  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 20-F filed Feb 28, 2008.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
  •  Incur additional debt;
 
  •  Create liens;
 
  •  Enter into transactions with related parties;
 
  •  Enter into some types of investment transactions;
 
  •  Engage in some asset sales or sale and leaseback transactions;
 
  •  Pay dividends or buy back our Ordinary Shares; and
 
  •  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 6-K filed Mar 30, 2007.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
•  Incur additional debt;
 
•  Create liens;
 
•  Enter into transactions with related parties;
 
•  Enter into some types of investment transactions;
 
•  Engage in some asset sales or sale and leaseback transactions;
 
• Pay dividends or buy back our Ordinary Shares; and
 
•  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
144 Elan Corporation, plc 2006 Annual Report


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Risk Factors

 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 20-F filed Feb 28, 2007.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
 
The agreements governing our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within limits our ability to, among other things:
 
  •  Incur additional debt;
 
  •  Create liens;
 
  •  Enter into transactions with related parties;
 
  •  Enter into some types of investment transactions;
 
  •  Engage in some asset sales or sale and leaseback transactions;
 
  •  Pay dividends or buy back our Ordinary Shares; and
 
  •  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 6-K filed Mar 31, 2006.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
The agreements governing some of our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within certain limits our ability to, among other things:
Incur additional debt;
 
Create liens;
 
Enter into certain transactions with related parties;
 
Enter into certain types of investment transactions;
 
Engage in certain asset sales or sale and leaseback transactions;
 
Pay dividends; and
 
Consolidate, merge with, or sell substantially all our assets to, another entity.
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
This excerpt taken from the ELN 20-F filed Mar 30, 2006.
Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.
 
The agreements governing some of our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict within certain limits our ability to, among other things:
 
  •  Incur additional debt;
 
  •  Create liens;
 
  •  Enter into certain transactions with related parties;
 
  •  Enter into certain types of investment transactions;
 
  •  Engage in certain asset sales or sale and leaseback transactions;
 
  •  Pay dividends; and
 
  •  Consolidate, merge with, or sell substantially all our assets to, another entity.
 
The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms, or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.
 
This excerpt taken from the ELN 6-K filed Apr 11, 2005.

Restrictive covenants in our debt instruments restrict or prohibit our ability to engage in or enter into a variety of transactions, which could adversely affect us.

The agreements governing some of our outstanding indebtedness contain various restrictive covenants that limit our financial and operating flexibility. The covenants do not require us to maintain or adhere to any specific financial ratio, but do restrict our ability to, among other things:

 

Incur additional debt;

 

Create liens;

 

Enter into certain transactions with related parties;

 

Enter into certain types of investment transactions;

 

Elan Corporation, plc 2004 Annual Report

125

 



 

 

Engage in certain asset sales or sale and leaseback transactions;

 

Pay dividends; and

 

Consolidate, merge with, or sell substantially all our assets to, another entity.

The breach of any of these covenants may result in a default under the applicable agreement, which could result in the indebtedness under the agreement becoming immediately due and payable. Any such acceleration would result in a default under our other indebtedness subject to cross-acceleration provisions. If this were to occur, we might not be able to pay our debts or obtain sufficient funds to refinance them on reasonable terms or at all. In addition, complying with these covenants may make it more difficult for us to successfully execute our business strategies and compete against companies not subject to similar constraints.

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