Common use of Dollar, Dollars, U Clause in Contracts

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money of the United States of America. Drawing Date shall have the meaning assigned to that term in Section 2.9.3.2. EBITDA for any period of determination shall mean (i) the sum of net income, depreciation, amortization, interest expense and income tax expense, plus (ii) non-recurring non-cash charges to net income, minus (iii) non-recurring, non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP; provided that for any determination of EBITDA on or after the World Financial Sale, (1) EBITDA shall be adjusted to exclude from its calculation one time fees, expenses and charges to net income resulting from the World Financial Sale and the Tender Offer, and (2) EBITDA shall be adjusted to exclude from its calculation any one time gain or loss from the World Financial Sale and the Tender Offer. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth a cause of action for personal injury or property damage, natural resource damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory or equitable relief arising under any Environmental Laws or any order, notice of violation, citation, subpoena, request for information or other written notice or demand of any type issued by an Official Body pursuant to any Environmental Laws. Environmental Laws shall mean all federal, state, local and foreign Laws and any consent decrees, settlement agreements, judgments, orders, directives, policies or programs issued by or entered into with an Official Body pertaining or relating to: (i) pollution or pollution control; (ii) protection of human health or the environment; (iii) employee safety in the workplace; (iv) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat of release of Regulated Substances; (v) the presence of Contamination; (vi) the protection of endangered or threatened species; and (vii) the protection of Environmentally Sensitive Areas.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. Drawing Date shall have the meaning assigned to that term in Section 2.9.3.2. EBITDA for any period of determination shall mean (i) the sum of net ------ income, depreciation, amortization, interest expense and income tax expense, plus (ii) non-recurring other non-cash charges to net income, cash interest expense, income taxes paid, Xxxxxx Agreement Payments and non-recurring expenses which do not exceed in the aggregate during the period of determination $500,000 minus (iiiii) non-recurring, nonrecurring extraordinary income and non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP; provided that for any determination of EBITDA on or after the World Financial Sale, (1) EBITDA shall be adjusted to exclude from its calculation one time fees, expenses and charges to net income resulting from the World Financial Sale and the Tender Offer, and (2) EBITDA shall be adjusted to exclude from its calculation any one time gain or loss from the World Financial Sale and the Tender Offer. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth a ----------------------- cause of action for personal injury or property damage, damage or natural resource damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory damage or equitable relief arising under any Environmental Laws or any relief, order, notice of violation, citation, subpoena, request for information issued pursuant to any Environmental Laws by an Official Body, subpoena or other written notice or demand of any type relating to, arising out of, or issued by an Official Body pursuant to to, any of the Environmental Laws or any Environmental LawsConditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwater, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any Property. Environmental Laws shall mean all federal, state, local and foreign Laws ------------------ and any consent decreesregulations, settlement agreementsincluding permits, licenses, authorizations, bonds, orders, judgments, ordersand consent decrees issued, directives, policies or programs issued by or entered into with an Official Body pertaining or into, pursuant thereto, relating to: (i) to pollution or pollution control; (ii) protection of human health or the environment; (iii) environment or employee safety in the workplace; . ERISA shall mean the Employee Retirement Income Security Act of 1974, as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all other entities ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. (ivi) the presencerate of interest determined by the Agent in accordance with its usual procedures (which determination shall be conclusive absent manifest error) to be the average of the London interbank offered rates of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, useif the British Bankers' Association or its successor ceases to provide such quotes, managementa comparable replacement determined by the Agent), generationtwo (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, manufacturewhich determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, processingas prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of release a member bank in such System. Event of Regulated Substances; (v) Default shall mean any of the presence events described in Section 8.1 ---------------- and referred to therein as an "Event of Contamination; (vi) Default." Excess Cash Flow shall be computed as of the protection close of endangered or threatened species; each fiscal year ---------------- by taking the difference between EBITDA for such fiscal year and (vii) Fixed Charges for such fiscal year. All determinations of Excess Cash Flow shall be based on the protection immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent of Environmentally Sensitive Areasthe Borrower's audited financial statements for such preceding year.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money of the United States of America. Drawing Date shall have the meaning assigned to that term in Section 2.9.3.2. EBITDA for any period of determination shall mean (i) the sum of net income, depreciation, amortization, interest expense and income tax expense, plus (ii) non-recurring non-cash charges to net income, minus (iii) non-recurring, non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP; provided that for any determination of EBITDA on or after the World Financial Sale, (1) EBITDA shall be adjusted to exclude from its calculation one time fees, expenses and charges to net income resulting from the World Financial Sale and the Tender Offer, and (2) EBITDA shall be adjusted to exclude from its calculation any one time gain or loss from the World Financial Sale and the Tender Offer. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth a cause of action for personal injury or property damage, natural resource damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory damage or equitable relief arising under any Environmental Laws or any civil penalties, order, notice of violation, citation, subpoena, request for information or other written notice or demand of any type issued by an Official Body pursuant to any Environmental Laws, subpoena or other written notice of any type relating to, arising out of or issued pursuant to any of the Environmental Laws or any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, including, without limitation, the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property. Environmental Laws shall mean all federal, state, local and foreign Laws laws and any consent decreesregulations, settlement agreementsincluding permits, orders, judgments, ordersand consent decrees issued, directives, policies or programs issued by or entered into with an Official Body pertaining or into, pursuant thereto, relating to: (i) to pollution or pollution control; (ii) protection of human health or the environment; (iii) environment or employee safety in the workplace. Equity Contribution shall mean (i) any cash payment by a Loan Party for the purchase of stock or other ownership interests, whether by direct purchase, merger or otherwise, of an Unrestricted Subsidiary or any other cash contribution by a Loan Party to the capital or equity of an Unrestricted Subsidiary; (ivii) any loan made by a Loan Party to an Unrestricted Subsidiary or (iii) any Guaranty made or incurred by a Loan Party for the presencebenefit of an Unrestricted Subsidiary relating to the payment of Indebtedness of such Unrestricted Subsidiary or relating to interest rate protection agreements entered into by such Unrestricted Subsidiary. The amount of an Equity Contribution made by a Loan Party shall be measured as the amount of such cash payment or contribution if the Equity Contribution is described in clause (i) above, usethe amount of such loan if the Equity Contribution is described in clause (ii) above, managementor the amount of the Indebtedness secured by such Guaranty if the Equity Contribution is described in clause (iii) above. ERISA shall mean the Employee Retirement Income Security Act of 1974, generationas the same may be amended or supplemented from time to time, manufactureand any successor statute of similar import, processingand the rules and regulations thereunder, extractionas from time to time in effect. ERISA Group shall mean, treatmentat any time, recyclingthe Borrower and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities which, refiningtogether with the Borrower, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat are treated as a single employer under Section 414 of release of Regulated Substances; (v) the presence of Contamination; (vi) the protection of endangered or threatened species; and (vii) the protection of Environmentally Sensitive AreasInternal Revenue Code.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. Drawing Date EBDA shall have the meaning assigned to that term in Section 2.9.3.2. EBITDA mean, for any period of determination shall mean determination, (i) the sum of net ---- income, depreciation, amortization, interest expense and income tax expense, plus (ii) non-recurring other non-cash charges to net incomeincome (excluding any non-cash charges which require an accrual or reserve for cash charges for any future period), minus (iiiii) non-recurring, non-cash credits to net income, in ----- each case of the Borrower and its Consolidated Subsidiaries for such period determined and consolidated in accordance with GAAP; provided that for any determination of EBITDA on or after the World Financial Sale, (1) EBITDA shall be adjusted to exclude from its calculation one time fees, expenses and charges to net income resulting from the World Financial Sale and the Tender Offer, and (2) EBITDA shall be adjusted to exclude from its calculation any one time gain or loss from the World Financial Sale and the Tender Offer. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth ----------------------- a cause of action for personal injury or property damage, natural resource damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory damage or equitable relief arising under any Environmental Laws or any Law, an order, notice of violation, citation, subpoena, request for information issued pursuant to any Environmental Laws by an Official Body, a subpoena or other written notice or demand of any type relating to, arising out of, or issued by an Official Body pursuant to any Environmental LawsLaw. Environmental Laws shall mean all federal, state, local or foreign ------------------ laws and foreign Laws and any consent decreesregulations, settlement agreementsincluding permits, orders, judgments, ordersconsent decrees issued, directives, policies or programs issued by or entered into with an Official Body pertaining or into, pursuant thereto, relating to: (i) to pollution or pollution control; (ii) protection of human health or the environment; . ERISA shall mean the Employee Retirement Income Security Act of 1974, ----- as the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. ERISA Group shall mean, at any time, the Borrower and all members of a ----------- Controlled Group. ESOP shall mean an employee stock ownership plan. ---- Equity Offering shall mean any offering or placement of any equity --------------- securities of the Borrower excluding Class B Shares issued to employees of the Borrower or any of its Subsidiaries under the Profit-Sharing Trust, stock options, an ESOP or other employee stock arrangements or any equity securities given as consideration in connection with any investment or acquisition permitted under Sections 8.2 (iiih)(iii) employee safety in or 8.2 (j)(iii). Equity Offering (Subsidiary) shall mean any offering or placement of ---------------------------- any equity securities of any Subsidiary of the workplace; (iv) the presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat of release of Regulated Substances; (v) the presence of Contamination; (vi) the protection of endangered or threatened species; and (vii) the protection of Environmentally Sensitive AreasBorrower.