Common use of Borrower's Funded Clause in Contracts

Borrower's Funded. Debt Ratio shall be the ratio of Borrower's Funded Debt to EBITDA. The term "Funded Debt" shall mean, as of the date of determination as applied to Borrower, the sum of (i) all indebtedness of Borrower owing to third parties for money borrowed, including capitalized leases of Borrower having a final maturity of one (1) year or more from the date of creation (including that portion of the principal of such indebtedness due within one (1) year from the date of such determination), (ii) any indebtedness of the Borrower having a final maturity within one (1) year from such date which may be renewed or extended at the option of the Borrower for more than one (1) year from such date, (iii) the outstanding balance of the Revolving Loans, (iv) all obligations for the deferred purchase price of any property or assets, including, without limitation, operating leases for such purpose (excluding trade payables), and (v) all obligations of Borrower created or arising with respect to property or assets acquired under any conditional sales contract or other title retention agreement or incurred as financing, less the amount of Borrower's short term investments as of the date of determination. The term "EBITDA" shall mean, for any period, as applied to Borrower, the sum of Borrower's earnings before (a) interest expense, (b) depreciation, (c) dividends, (d) taxes, and (e) amortization.

Borrower's Funded. Debt Ratio shall be the ratio of Borrower's Funded Debt to EBITDA. The term "Funded Debt" shall mean, as of the date of determination as applied to Borrower, the sum of (i) all indebtedness of Borrower owing to third parties for money borrowed, including capitalized leases of Borrower having a final maturity of one (1) year or more from the date of creation (including that portion of the principal of such indebtedness due within one (1) year from the date of such determination), (ii) any indebtedness of the Borrower having a final maturity within one (1) year from such date which may be renewed or extended at the option of the Borrower for more than one (1) year from such date, (iii) the outstanding balance of the Revolving LoansLoans (as defined in the Credit Agreement between Borrower and Bank, dated August 17, 2000), (iv) all obligations for the deferred purchase price of any property or assets, including, without limitation, operating leases for such purpose (excluding trade payables), (v) all obligations for deferred closure/post closure, and (vvi) all obligations of Borrower created or arising with respect to property or assets acquired under any conditional sales contract or other title retention agreement or incurred as financing, less the amount of Borrower's short term investments as of the date of determination. The term "EBITDA" shall mean, for any period, as applied to Borrower, the sum of Borrower's earnings earnings, excluding any extraordinary and nonoperating income, before (a) interest expense, (b) depreciation, (c) dividends, (d) taxes, and (e) amortization, and (f) other noncash charges.

Borrower's Funded. Debt Ratio shall be the ratio of Borrower's ’s Funded Debt to four quarter rolling EBITDA. The term "“Funded Debt" ” shall mean, as of the date of determination as applied to BorrowerBorrower and its Subsidiaries, the sum of (i) all indebtedness of Borrower owing to third parties for money borrowed, including capitalized leases of Borrower having a final maturity of one (1) year or more from the date of creation (including that portion of the principal of such indebtedness due within one (1) year from the date of such determination), (ii) any indebtedness of the Borrower having a final maturity within one (1) year from such date which may be renewed or extended at the option of the Borrower for more than one (1) year from such date, (iii) the outstanding balance of the Revolving Loans, (iv) all obligations for the deferred purchase price of any property or assets, including, without limitation, operating capital leases for such purpose (excluding trade payables), (v) all obligations for deferred closure/post closure, and (vvi) all obligations of Borrower created or arising with respect to property or assets acquired under any conditional sales contract or other title retention agreement or incurred as financing, less the amount of Borrower's ’s short term investments as of the date of determination. The term "“EBITDA" ” shall mean, for any period, as applied to BorrowerBorrower and its Subsidiaries, the sum of (1) Borrower's earnings before ’s Income from Operations (consistent with GAAP and as reported in the Company’s filings with the Securities and Exchange Commission), plus (2) the sum of the following items to the extent they were deducted to compute Borrower’s Income from Operations: (a) interest expensenon-cash accretion of closure/post-closure obligations, plus (b) depreciation, plus (c) dividendsamortization, plus (d) taxes, and (e) amortizationother non-cash charges.

Borrower's Funded. Debt Ratio shall be the ratio of Borrower's Funded Debt to EBITDA. The term "Funded Debt" shall mean, as of the date of determination as applied to Borrower, the sum of (i) all indebtedness of Borrower owing to third parties for money borrowed, including capitalized leases of Borrower having a final maturity of one (1) year or more from the date of creation (including that portion of the principal of such indebtedness due within one (1) year from the date of such determination), (ii) any indebtedness of the Borrower having a final maturity within one (1) year from such date which may be renewed or extended at the option of the Borrower for more than one (1) year from such date, (iii) the outstanding balance of the Revolving Loans, (iv) all obligations for the deferred purchase price of any property or assets, including, without limitation, operating leases for such purpose (excluding trade payables), (v) all obligations for deferred closure/post closure, and (vvi) all obligations of Borrower created or arising with respect to property or assets acquired under any conditional sales contract or other title retention agreement or incurred as financing, less the amount of Borrower's short term investments as of the date of determination. The term "EBITDA" shall mean, FOURTH AMENDMENT TO CREDIT AGREEMENT - 3 for any period, as applied to Borrower, the sum of Borrower's earnings earnings, excluding any extraordinary and nonoperating income, before (a) interest expense, (b) depreciation, (c) dividends, (d) taxes, and (e) amortization, and (f) other noncash charges.