EBITA Sample Clauses

EBITA. See definition of Consolidated Earnings Before Interest, Taxes and Amortization. EBITDA. See definition of Consolidated Earnings Before Interest, Taxes, Depreciation and Amortization. Employee Benefit Plan. Any employee benefit plan within the meaning of ss.3(3) of ERISA maintained or contributed to by any Borrower or any ERISA Affiliate, other than a Multiemployer Plan. Environmental Laws. See ss.5.16(a). EPA. See ss.5.16(b).
Sample 1
EBITA. Borrowers shall not permit EBITA of Borrowers and their subsidiaries for any period commencing on the first day of the applicable fiscal year set forth below and ending on the last day of the applicable fiscal quarter set forth below (each such period, a year-to-date ("YTD") or full fiscal year, as applicable) to be less than the respective amount set forth below opposite such fiscal quarter: ================================================================================ Fiscal Year Ending Last Saturday in February, 1998 Minimum EBITA -------------------------------------------------------------------------------- First Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Second Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Third Quarter YTD $ 1,000,000 -------------------------------------------------------------------------------- Full Fiscal Year $ 6,000,000 ================================================================================ ================================================================================ Fiscal Year Ending Last Saturday in February, 1999 -------------------------------------------------------------------------------- First Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Second Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Third Quarter YTD $ 3,000,000 -------------------------------------------------------------------------------- Full Fiscal Year $ 8,000,000 ================================================================================ ================================================================================ Fiscal Year Ending Last Saturday in February, 2000 and, unless otherwise agreed in writing by the parties hereto, each year thereafter -------------------------------------------------------------------------------- First Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Second Quarter YTD ($12,000,000) -------------------------------------------------------------------------------- Third Quarter YTD $ 5,000,000 -------------------------------------------------------------------------------- Full Fiscal Year $10,000,000 ================================================================================
Sample 1
EBITA. See the definition of Consolidated Earnings Before Interest, Taxes and Amortization.
Sample 1
EBITA. The Company will not permit, as of the end of any of its fiscal quarters, commencing with the fiscal quarter ending on February 28, 1997, its EBITA for the four fiscal quarters ending with such fiscal quarter to be less than the amount specified in the following table for any fiscal quarter occurring in the specified fiscal year: Fiscal Year EBITA ----------- ----- 1997 $2,250,000 1998 $3,000,000 1999 $3,350,000 2000 $3,700,000 2001 $3,700,000.
Sample 1
EBITA. 4.1 Between the date of this agreement and Completion, the Vendor shall as soon as reasonably practicable prepare and deliver to the Purchaser: 4.1.1 audited statutory accounts for each of the Companies and Subsidiaries for the year ending 31 December 2004 (together the “Statutory Accounts”); and 4.1.2 a statement of the 2004 EBITA (the “EBITA Statement”). 4.2 The Statutory Accounts shall be prepared on a basis consistent with the Accounts using the same accounting principles, policies and practices, and in accordance with the law and applicable standards, principles and practices generally accepted in the United Kingdom. 4.3 The Purchaser may, by notice in writing to the Vendor given at any time within three Business Days after delivery by the Vendor to the Purchaser of the EBITA Statement or, (if requested by the Purchaser pursuant to clause 4.4) a Certified EBITA Statement, terminate this agreement if the 2004 EBITA as set out in the EBITA Statement or the Certified EBITA Statement as the case may be is less than £923,000. In the event of any such termination, none of the parties shall have any further rights or obligations under this agreement other than any accrued rights at that time except in respect of the provisions of clauses 1, 3.4, 16, 17, 18, 19, 20, 22, 23 and 25 to 31 inclusive which will continue in full force and effect. Promptly following such termination, the Vendor will provide written instructions to Voyageur Asset Management (MA) Inc. releasing it from its obligations under, and terminating, the US Escrow Letter. 4.4 Within two Business Days of the receipt of the Statutory Accounts and EBITA Statement the Purchaser may, if the EBITA Statement is not a Certified EBITA Statement, require that the Vendor deliver a Certified EBITA Statement.
Sample 1
EBITA of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
Sample 1

Related to EBITA

  • EBITDA The term “EBITDA” shall mean, with respect to any fiscal period, “Consolidated EBITDA” as defined in the Credit Agreement, provided that the following should also be excluded from the calculation of EBITDA to the extent not already excluded from the calculation of Consolidated EBITDA under the Credit Agreement: (i) Non-Cash Charges (as defined in the Credit Agreement) related to any issuances of equity securities; (ii) fees and expenses relating to the Acquisition; (iii) financing fees (both cash and non-cash) relating to the Acquisition; (iv) covenant-not-to-compete payments to certain members of the Company’s senior management and related expenses; (v) expenses (or any portion thereof) incurred outside of the ordinary course of business that are approved by the Board which the Board determines in its good faith discretion are in the best interest of the Company but which will have a disproportionately adverse impact on the Company’s short term financial performance, affecting the Company’s ability to achieve financial targets related to the vesting of the Class C Units under the Incentive Unit Subscription Agreements or the Company’s annual bonus plan; (vi) costs and expenses incurred in connection with evaluating and consummating acquisitions not contemplated by the Company’s annual plan, as such plan is approved by the Board in good faith; (vii) related party expenditures that are subject to the prior written consent of the Majority Executives pursuant to Section 2.3(a) of the Securityholders Agreement but have failed to receive such consent; (viii) advisors’ fees and expenses incurred outside the ordinary course of business related solely to Vestar’s activities that are unrelated to the Company; (ix) costs associated with any put option or call option contemplated by any Rollover Subscription Agreement or Incentive Unit Subscription Agreement; (x) costs associated with any proposed initial Public Offering or Sale of the Company (as such terms are defined in the Securityholders Agreement); (xi) expenses related to any litigation arising from the Acquisition; (x) management fees and costs related to the activities giving rise to such fees that are paid to, paid for or reimbursed to Vestar and its Affiliates; and (xii) material expenditures or incremental expenditures inconsistent with prior practice (to the extent that prior practice is relevant) required by Board (where Management Managers (as defined in the Securityholders Agreement) unanimously dissent) unless such expenditures are reasonably likely to result in any benefit (whether economic or non-economic) to the Company as determined by the Board in its good faith discretion.

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

  • Net Income and Net Loss All net income or net loss of the Company shall be for the account of the Member.

  • Adjusted EBITDA The 2019 adjusted EBITDA for the Affiliated Club Sellers shall total an aggregate of not less than $10,700,000.

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit G), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Minimum Adjusted EBITDA Borrower shall maintain a minimum trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), as of such test date, of at least the greater of (a) $75,000,000 and (b) an amount equal to 75% of the trailing six-month Adjusted EBITDA minus dividend distributions (other than tax distributions), for the immediately preceding six-month period, tested semi-annually, commencing September 30, 2024, and continuing on each subsequent March 31 and September 30.

  • Return to Position Upon return from FMLA leave, the employee shall be returned to the same or equivalent position in the same class and work location, including the same shift or equivalent schedule, unless the University and the employee agree in writing to other conditions and terms under which such leave is to be granted.

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.

  • Minimum Revenue Borrower and its Subsidiaries shall have Revenue from sales, marketing or distribution of the Product and related services (for each respective measured period, the “Minimum Required Revenue”): (a) during the twenty-four month period beginning on January 1, 2015, of at least $45,000,000; (b) during the twenty-four month period beginning on January 1, 2016, of at least $80,000,000; (c) during the twenty-four month period beginning on January 1, 2017, of at least $110,000,000; and (d) during the twenty-four month period beginning on January 1, 2018, of at least $120,000,000; and (e) during the twenty-four month period beginning on January 1, 2019, of at least $120,000,000.

Most Referenced Clauses

Most Referenced Definitions