Amendment to Definition of EBITDA. The definition of "EBITDA" set forth in Section 1 of the Financing Agreement is hereby amended to read as follows:
Amendment to Definition of EBITDA. The definition of “EBITDA” contained in Section 1.1 of the Loan Agreement is hereby amended from and after the date hereof by deleting such definition in its entirety and replacing it with the following:
Amendment to Definition of EBITDA. The definition of EBITDA set forth in Section 1 of the Financing Agreement is hereby amended and replaced in its entirety by the following: EBITDA shall mean, for the period in question, the sum of (a) the after-tax net income (or loss) of the Companies on a consolidated basis for such period determined in accordance with GAAP, plus (b) to the extent deducted in determining such after-tax net income, the sum of (i) Interest Expense during such period, plus (ii) all provisions for any federal, state, local and/or foreign income taxes made by the Companies during such period (whether paid or deferred), plus (iii) all depreciation and amortization expenses of the Companies during such period, plus (iv) any extraordinary losses during such period, plus (v) any losses incurred in connection with the repayment in full on or about the date hereof of the Companies' obligations owing to LLCP, including accrued interest, fees and costs in connection therewith, plus (vi) any losses from the sale or other disposition of property other than in the ordinary course of business during such period, plus (vii) all non-cash expenses during such period arising from the use of capital stock of Parent to pay compensation minus (c) to the extent added in determining such after-tax net income, the sum of (i) any extraordinary gains during such period, plus (ii) any gains from the sale or other disposition of property other than in the ordinary course of business during such period, plus (iii) any revenue realized by the Companies in respect of settlement payments received pursuant to that certain Settlement Agreement dated as of September 27, 2000 among certain Companies and Autoliv AB, Autoliv GmbH, Autoliv France SNC, Autoliv ASP, Inc., Autoliv North America, Inc. and Autoliv, Inc., plus (iv) any sale price adjustments made by any Company in respect of components sold pursuant to such Settlement Agreement, all determined in accordance with GAAP; provided, however, that notwithstanding the foregoing, for the fiscal quarters ending March 31, 2001 and June 30, 2001, EBITDA for such fiscal quarters shall be deemed to be $3,802,000 and $4,382,000, respectively.
Amendment to Definition of EBITDA. The definition of "EBITDA" in Section 1.1 of the Loan Agreement is hereby amended by inserting the following phrase at the end of such definition: "In the event the Borrower sells its 52% interest in APW (Singapore) Pte. Ltd., EBITDA will be adjusted by excluding any non-cash charge related to such sale, up to $1,900,000, for such period."
Amendment to Definition of EBITDA. The sentence in the first indented paragraph of Section 5 of the Loan Agreement, defining the term “EBITDA” is hereby restated to read as follows:: EBITDA is defined as the sum of (a) net income for such period plus (b) an amount which, in the determination of net income for such period, has been deducted for (i) interest expense (including the interest component under capital lease obligations) (ii) total federal, state and other income taxes (iii) depreciation and amortization expense and (iv) non-recurring acquisition expenses, all as determined with GAAP. Any references to “EBITDA” set forth in the Loan Agreement, the other Loan Documents and any related agreement, instrument, filing, document or other papers shall henceforth be deemed amended, mutatis mutandis, to reflect the above revision.
Amendment to Definition of EBITDA. The definition of “EBITDA” in the Loan Agreement permits the Company and its Subsidiaries to add back to EBITDA certain fees and expenses of advisors and independent consultants subject to certain dollar caps set forth in such definition. Obligors have advised Agent and the Lender that Obligors have incurred, and expect to continue to incur, fees and expenses for services performed and to be performed by advisors (including legal counsel) and independent consultants in excess of the dollar caps set forth in the definition of EBITDA. At the request of Obligors, notwithstanding anything to the contrary set forth in the Loan Agreement, Agent and Sole Lender hereby consent to the Company and its Subsidiaries adding back to EBITDA, in addition to those amounts currently permitted to be added back to EBITDA, additional costs and expenses of advisors (including legal counsel) and independent consultants incurred during the period from January 1, 2022 through July 2, 2022 in an aggregate amount not to exceed $1,000,000.
Amendment to Definition of EBITDA. The definition of “EBITDA” is hereby amended and restated in its entirety as follows:
Amendment to Definition of EBITDA. The definition of "EBITDA" --------------------------------- appearing in Section 1.1 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Definition of EBITDA. The definition of the term EBITDA set forth in Section 1.1. of the Credit Agreement is hereby amended by:
Amendment to Definition of EBITDA. The first sentence of the definition of EBITDA is hereby deleted in its entirety and replaced with the following: “ “EBITDA” - the Company’s net income, (1) plus taxes, (2) plus interest expense, (3) minus the sum of interest income, depreciation and amortization, and (4) minus capital expenditures, as calculated using the audited financial statements of the Company prepared by the Company’s independent auditor (“AFS”).”
