Adjusted Earnings Sample Clauses

Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: Minimum Adjusted Period Earnings ------ ---------------- May 1, 2002 through August 3, 2002 $1,350,000 May 1, 2002 through November 3, 2002 2,600,000 May 1, 2002 through February 2, 2003 4,000,000 May 1, 2002 through May 4, 2003 5,600,000 August 1, 2002 through August 2, 2003 and each period of four consecutive fiscal quarters thereafter 6,000,000
Sample 1
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Adjusted Earnings. Have (a) Net Income, plus (b) to the extent issued during the period for which the Net Income is being calculated, the face amount of the VNUS Xxxx XX, plus (c) to the extent deducted in the calculation of Net Income, depreciation expense and amortization expense, less (d) capital expenditures, of (x) greater than zero for the three month period ending November 30, 2007 and for each three month period ending as of the last day of each month thereafter through and including March 31, 2008, (y) greater than $100,000 for the three month period ending April 30, 2008 and for each three month period ending as of the last day of each month thereafter through and including June 30, 2008, and (z) greater than $500,000 for the three month period ending July 31, 2008 and for each three month period ending as of the last day of each month thereafter.
Sample 1
Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: Minimum Adjusted Period Earnings ------ -------- August 1, 2005 through October 31, 2005 ...................................... $1,419,800 August 1, 2005 through January 31, 2006 ...................................... 1,500,000 August 1, 2005 through April 30, 2006 ........................................ 3,500,000 August 1, 2005 through July 31, 2006 ......................................... 5,679,000 The four consecutive fiscal quarters ending October 31, 2006 ................. 5,902,000 The four consecutive fiscal quarters ending January 31, 2007 ................. 6,124,900 The four consecutive fiscal quarters ending April 30, 2007 ................... 6,347,900 Each period of four consecutive fiscal quarters ending January 31, April 30, July 31 or October 31 of each fiscal year thereafter ..................... 6,400,000" (c) Section 8.3(b) is amended and restated as follows:
Sample 1
Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 1, 2009 through January 31, 2010 $215,000 November 1, 2009 through April 30, 2010 585,000”
Sample 1
Adjusted Earnings. The Credit Parties shall not permit the Adjusted Earnings for each period set forth below to be less than the amount set forth below opposite such period: Period Minimum Adjusted Earnings April 1, 2015 through June 30, 2015 $ 7,350,000 April 1, 2015 through September 30, 2015 $ 25,071,000 April 1, 2015 through December 31, 2015 $ 41,581,000 April 1, 2015 through March 31, 2016 and each Reference Period ended thereafter $ 43,000,000 (y) The existing Section 8.01(s) of the Credit Agreement is deleted in its entirety and the following is inserted in lieu thereof: “[Reserved]”. (z) The existing Section 9.06(a) of the Credit Agreement is amended by deleting the second sentence thereof in its entirety and inserting the following in lieu thereof: “Upon receipt of any such notice of resignation, the Required Lenders shall have the right, in consultation with the Borrowers, to appoint a successor from among the Lenders (or an Affiliate of a Lender) or a financial institution or other entity that provides agency or trustee services, in each case, having an office in the United States.” (aa) The existing Section 10.06(b) of the Credit Agreement is amended by inserting the following at the end thereof: “Notwithstanding the foregoing, with the consent of the Administrative Agent, but without the consent of any Borrower, any Lender may assign to Standard General, L.P. and/or its Affiliates all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans (including for purposes of this subsection (b), participations in L/C Obligations and in Swing Line Loans) at the time owing to it.” The amendments to the Credit Agreement are limited to the extent specifically set forth above and no other terms, covenants or provisions of the Credit Agreement are intended to be affected hereby.
Sample 1
Adjusted Earnings. The Adjusted Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 3, 2002 through November 3, 2003 $ 4,500,000 February 2, 2003 through February 2, 2004 4,500,000 May 2, 2003 through May 4, 2004 and each period of four consecutive fiscal quarters thereafter 6,000,000 SECTION 8.2. Adjusted U.S. Earnings. The Adjusted U.S. Earnings for any period set forth below shall not be less than the amount set forth below opposite such period: November 3, 2002 through November 3, 2003 $ 2,775,000 February 2, 2003 through February 2, 2004 2,775,000 May 2, 2003 through May 4, 2004 3,500,000 Each period of four consecutive fiscal quarters thereafter 4,000,000
Sample 1

Related to Adjusted Earnings

  • Tax-Deferred Earnings The investment earnings of your Xxxx XXX are not subject to federal income tax as they accumulate in your Xxxx XXX. In addition, distributions of your Xxxx XXX earnings will be free from federal income tax if you take a qualified distribution, as described below.

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Earnings In the event of a Divorce, the Couple agrees that each Spouse’s earnings during the marriage shall be owned by: (check one)

  • Measurement Period In this Agreement, unless the contrary intention appears, a reference to:

  • Annual Accounting Period The annual accounting period of the Company shall be its taxable year. The Company’s taxable year shall be selected by the Member, subject to the requirements and limitations of the Code.

  • Adjusted Quick Ratio A ratio of (i) Quick Assets to (ii) Current Liabilities minus the current portion of Deferred Revenue of at least 1.50 to 1.00.

  • Sharing of Earnings The Borrower shall procure that no Owner shall: (a) enter into any agreement or arrangement for the sharing of any Earnings; (b) enter into any agreement or arrangement for the postponement of any date on which any Earnings are due; the reduction of the amount of any Earnings or otherwise for the release or adverse alteration of any right of that Owner to any Earnings; or (c) enter into any agreement or arrangement for the release of, or adverse alteration to, any guarantee or Security Interest relating to any Earnings.

  • Fiscal Year; Taxable Year The fiscal year and the taxable year of the Company is the calendar year.

  • End of Fiscal Years; Fiscal Quarters The Borrower will cause (i) its and each of its Domestic Subsidiaries’ fiscal years to end on December 31 of each calendar year and (ii) its and each of its Domestic Subsidiaries’ fiscal quarters to end on March 31, June 30, September 30 and December 31 of each calendar year.

  • EBITDA The term “EBITDA” shall mean, with respect to any fiscal period, “Consolidated EBITDA” as defined in the Credit Agreement, provided that the following should also be excluded from the calculation of EBITDA to the extent not already excluded from the calculation of Consolidated EBITDA under the Credit Agreement: (i) Non-Cash Charges (as defined in the Credit Agreement) related to any issuances of equity securities; (ii) fees and expenses relating to the Acquisition; (iii) financing fees (both cash and non-cash) relating to the Acquisition; (iv) covenant-not-to-compete payments to certain members of the Company’s senior management and related expenses; (v) expenses (or any portion thereof) incurred outside of the ordinary course of business that are approved by the Board which the Board determines in its good faith discretion are in the best interest of the Company but which will have a disproportionately adverse impact on the Company’s short term financial performance, affecting the Company’s ability to achieve financial targets related to the vesting of the Class C Units under the Incentive Unit Subscription Agreements or the Company’s annual bonus plan; (vi) costs and expenses incurred in connection with evaluating and consummating acquisitions not contemplated by the Company’s annual plan, as such plan is approved by the Board in good faith; (vii) related party expenditures that are subject to the prior written consent of the Majority Executives pursuant to Section 2.3(a) of the Securityholders Agreement but have failed to receive such consent; (viii) advisors’ fees and expenses incurred outside the ordinary course of business related solely to Vestar’s activities that are unrelated to the Company; (ix) costs associated with any put option or call option contemplated by any Rollover Subscription Agreement or Incentive Unit Subscription Agreement; (x) costs associated with any proposed initial Public Offering or Sale of the Company (as such terms are defined in the Securityholders Agreement); (xi) expenses related to any litigation arising from the Acquisition; (x) management fees and costs related to the activities giving rise to such fees that are paid to, paid for or reimbursed to Vestar and its Affiliates; and (xii) material expenditures or incremental expenditures inconsistent with prior practice (to the extent that prior practice is relevant) required by Board (where Management Managers (as defined in the Securityholders Agreement) unanimously dissent) unless such expenditures are reasonably likely to result in any benefit (whether economic or non-economic) to the Company as determined by the Board in its good faith discretion.

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