Common use of Determination of the Company’s EBITDA Clause in Contracts

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. 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 Non-SPE Shareholders the (A) Audited Financial Statements for such Financial Year, and (B) a certificate executed by an executive officer of the CFO 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. The EBITDA Determination shall be deemed final and binding on the Parties.