Determination of the Company’s EBITDA. As soon as practicable after the completion of the Financial Year ending on March 31, 2014, but in any event no later than 90 days after the completion of such Financial Year, the Company shall deliver to the SPE Shareholders and Underlying Sellers the (A) Audited Financial Statements for such Financial Year, and (B) a certificate executed by the CFO setting forth the Company’s EBITDA derived from such Audited Financial Statements (such determination, the “EBITDA Determination”), together with supporting documentation for such determination. The EBITDA Determination shall be deemed final and binding on the Parties.
Determination of the Company’s EBITDA. The Company’s EBITDA shall have finally been determined pursuant to Section 2.6.
Determination of the Company’s EBITDA. The Company’s EBITDA shall have finally been determined.
Determination of the Company’s EBITDA. (a) In the event the Closing Date occurs after March 31, 2013, then as soon as practicable after the completion of the most recent Financial Year prior to the anticipated Closing Date, but in any event no later than 90 days after the completion of such Financial Year, the Company (on behalf of the applicable Sellers) shall deliver to the Purchasers the (i) Audited Financial Statements for such Financial Year, and (ii) a certificate executed by an executive officer of the Accountant setting forth the Company’s EBITDA derived from such Audited Financial Statements (such determination, the “EBITDA Determination”), together with supporting documentation for such determination. In addition, the Company shall provide and the Sellers shall procure and make available all such information and documents that the Purchasers may require and may reasonably request to review the EBITDA Determination.
Determination of the Company’s EBITDA. As soon as practicable after the completion of the Financial Year ending on March 31, 2014, but in any event no later than 90 days after the completion of such Financial Year, the Company shall deliver to the SPE Shareholders and the Optionholders the (A) Audited Financial Statements for such Financial Year, and (B) a certificate executed by an executive officer of the Accountant setting forth the Company’s EBITDA derived from such Audited Financial Statements (such determination, the “EBITDA Determination”), together with supporting documentation for such determination. In addition, the Company shall provide and make available all such information and documents that the SPE Shareholders may require and may reasonably request to review the EBITDA Determination. The EBITDA Determination shall be deemed final and binding on the Parties.
