Determination of the Company’s EBITDA Sample Clauses

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.
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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.
Determination of the Company’s EBITDA. The Company’s EBITDA shall have finally been determined pursuant to Section I.10.
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. The Company’s EBITDA shall have finally been determined.

Related to Determination of the Company’s EBITDA

  • Determination Final The determination by Xxxxxxx Mac or the Global Agent of the interest rate on the Notes and the determination of any payment on any Note (or any interim calculation in the determination of any such interest rate, index or payment) shall, absent manifest error, be final and binding on all parties. If a principal or interest payment error occurs, Xxxxxxx Mac or the Global Agent may correct it by adjusting payments to be made on later Payment Dates or in any other manner Xxxxxxx Mac or the Global Agent considers appropriate. If the source of One-Month LIBOR changes in format, but Xxxxxxx Mac or the Global Agent determines that the source continues to disclose the information necessary to determine the related Class Coupon substantially as required, Xxxxxxx Mac will amend the procedure for obtaining information from that source to reflect the changed format. All One-Month LIBOR values used to determine interest payments are subject to correction within 30 days from the applicable payment. The source of a corrected value must be the same source from which the original value was obtained. A correction might result in an adjustment on a later date to the amount paid to the Holder.

  • Salary Determination 12.5.1 A unit member shall receive a salary not less than the minimum salary nor more than the maximum salary (Articles 12.3 and 12.4) for the rank to which appointed, except as provided in Articles 4.15, 5.6, 10.6.1 or Article 10.6.1.1. The effective dates for salaries shall be the appropriate dates specified in Article 12.2.2.

  • Determination of Eligibility The Plan Administrator shall determine the eligibility of each Employee for participation in the Plan based upon information provided by the Employer. Such determination shall be conclusive and binding on all individuals except as otherwise provided herein or by operation of law.

  • Determination of Seniority Seniority records shall be maintained by the University and shall be based on the employee's seniority date. The University shall maintain current records on seniority for use in the application of these provisions and they shall be available whenever a Union representative shall raise a question of seniority. Such lists and records shall also show the job title and latest employment date with the University for each person, and a copy of the list shall be furnished to the Union every six (6) months, upon request.

  • Benefit Level Two Health Care Network Determination Issues regarding the health care networks for the 2017 insurance year shall be negotiated in accordance with the following procedures:

  • Determination of Position(s) The Appointing Authority shall determine the position(s) in the class or class option, if one exists, and employment condition and work location which is to be eliminated.

  • Evaluation and Comparison of Tenders 2.24.1 The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22

  • Determination of Service for Sick Leave with Pay Actual time worked and all leave with pay, except for educational leave, shall be included in determining the pro rata accrual of sick leave credits each month, provided that the employee works thirty-two (32) hours or more in that month.

  • Calculation of Termination Payment If an Early Termination Date has been declared, the Non-Defaulting Party shall calculate, in a commercially reasonable manner, the Termination Payment in accordance with this Section 10.3.

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