Common use of Consolidated Current Liabilities Clause in Contracts

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principles. Consolidated Net Income (or Deficit). The consolidated net income (or ------------------------------------ deficit) of the Borrower and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items of income. Consolidated Net Worth. The excess of (a) all assets of a Person and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles over (b) all liabilities of such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, less, to the extent otherwise includable in the computations of Consolidated Net Worth, any subscriptions receivable.

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principles. Consolidated Net Income (or Deficit). The consolidated net income (or ------------------------------------ deficit) of the Borrower and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items of income. Consolidated Net Worth. The excess of (a) all assets of a Person and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles over (b) all liabilities of such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, less, to the extent otherwise includable in the computations of Consolidated Net Worth, any subscriptions receivable.. Consolidated Operating Cash Flow. For any period, an amount equal to (i) EBITDA for such period, less (ii) the sum of (A) cash payments for all taxes paid during such period, plus (B) Capital Expenditures made during such period to the

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principles. Consolidated Net Income (or Deficit). The consolidated net income (or ------------------------------------ deficit) of the Borrower and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items of income. Consolidated Net Worth. The excess of (a) all assets of a Person and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles over (b) all liabilities of such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, less, to the extent otherwise includable in the computations of Consolidated Net Worth, any subscriptions receivable.. Consolidated Operating Cash Flow. For any period, an amount equal to (i) -------------------------------- EBITDA for such period, less (ii) the sum of (A) cash payments for all taxes ---- paid during such period, plus (B) Capital Expenditures made during such period ---- to the

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, Subsidiaries on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principlesGAAP. Consolidated Net EBITDA. For any period, the sum of (a) the Consolidated Pre-Tax Income (or Deficit). The consolidated net income (or ------------------------------------ deficit) of the Borrower and its SubsidiariesSubsidiaries for such period, after deduction plus (b) in each case to the extent deducted in the calculation of all Consolidated Pre-Tax Income, (i) Consolidated Total Interest Expense for such period, plus (ii) Consolidated Restaurant Pre-Opening Costs for such period plus (iii) depreciation and amortization expenses (excluding amortization of Transaction Costs) for such period, plus (iv) Pro Forma Adjustments for such period certified by the chief financial officer of the Borrower, plus (v) non-recurring charges for such period, in such amounts and as more fully described on Schedule 1A attached hereto, plus (vi) expenses (or amortization of expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items ) relating to Transaction Costs during such period to the extent the aggregate amount of incomeTransaction Costs does not exceed $8,600,000. Consolidated Net WorthEBITDAR. The excess For any period, the sum of (a) all assets the Consolidated EBITDA of a Person the Borrower and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles over for such period, plus (b) all liabilities of Consolidated Rental Expense for such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, less, to the extent otherwise includable in the computations of Consolidated Net Worth, any subscriptions receivableperiod.

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principles. Consolidated Net Income (or Deficit). The consolidated net income (or ------------------------------------ deficit) of the Borrower and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring items of income. Consolidated Net Worth. The excess of (a) all assets of a Person and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles over (b) all liabilities of such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, less, to the extent otherwise includable in the computations of Consolidated Net Worth, any subscriptions receivable.

Consolidated Current Liabilities. All liabilities and other Indebtedness -------------------------------- of the Borrower and its Subsidiaries, excluding deferred revenue, Subsidiaries on a consolidated basis maturing on demand or within one (1) year from the date as of which Consolidated Current Liabilities are to be determined, and such other liabilities as may properly be classified as current liabilities in accordance with generally accepted accounting principles. Consolidated Net Income CONSOLIDATED GROSS REVENUES. All revenues of the Borrower and its Subsidiaries which should, in accordance with generally accepted accounting principles consistently applied, be classified as revenues on the consolidated statement of income of the Borrower and its Subsidiaries, less any returns and allowances. CONSOLIDATED NET INCOME (or DeficitOR DEFICIT). The For any period, the consolidated net income (or ------------------------------------ deficit) of the Borrower and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary nonrecurring noncash items of incomeincome (or loss). Consolidated Net WorthCONSOLIDATED NET WORTH. The excess of (a) all assets of a Person and its ---------------------- Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles Consolidated Total Assets over (b) all liabilities of such Person and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principlesConsolidated Total Liabilities, and all Indebtedness of such Person and its Subsidiaries, whether or not so classified, lessLESS, to the extent otherwise includable in the computations of Consolidated Net Worth, any stock or other equity subscriptions receivable.. CONSOLIDATED TANGIBLE NET WORTH. The excess of Consolidated Total Assets over Consolidated Total Liabilities, and less the sum of: