Formula Value Sample Clauses

Formula Value. The "FORMULA VALUE" of the Company's common stock equity at any particular date of determination shall be an amount calculated by multiplying Consolidated EBITDA for the period of 4 full fiscal quarters most recently ended prior to such date by the number 6.25.
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Formula Value. The Formula Value of the Company's common -------------- -------------- stock equity at any particular date of determination shall be an amount calculated by (i) multiplying by the number 7 the Company's EBITDA for the period of four consecutive fiscal quarters of the Company ended most recently prior to such date and for which financial statements of the type required to be delivered pursuant to Section 9.1 hereof are available (ii) subtracting from the 22 product obtained pursuant to clause (i) the total amount of the Company's consolidated Indebtedness for Borrowed Money outstanding on such date, and (iii) adding to the amount obtained pursuant to clause (ii) the sum of the aggregate cash balances of the Company and its Subsidiaries on such date and the total value of all cash equivalents owned by the Company and its Subsidiaries on such date.
Formula Value. See Section 11.4(c). generally accepted accounting principles. Accounting principles which are (a) consistent with the principles promulgated or adopted by the Financial Accounting Standards Board and its predecessors and/or the American Institute of Certified Public Accountants, as in effect from time to time, (b) applied on a basis consistent with prior periods, and (c) such that a certified public accountant would, insofar as the use of accounting principles is pertinent, be in a position to deliver an unqualified opinion as to financial statements in which such principles have been properly applied; provided, that for purposes of compliance with Section 7.24 hereof, generally accepted accounting principles shall mean such principles as in effect for the fiscal year of the Company ended February 28, 1997. Notwithstanding anything to the contrary in the foregoing, the Company shall base its accounting and financial calculations (including without limitation those pursuant to ss.7.24) on the "first-in, first-out" or "FIFO" method. Financial statements may be prepared using the "last-in, first-out" or "LIFO" method, but shall for purposes of BankBoston be adjusted to the "first-in, first-out" or "FIFO" method. Guaranteed Pension Plan. Any employee pension benefit plan within the meaning of ss.3(2) of ERISA maintained or contributed to by the Company or any ERISA Affiliate the benefits of which are guaranteed on termination in full or in part by the PBGC pursuant to Title IV of ERISA, other than a Multiemployer Plan. Hedging Policy. See Section 7.14.
Formula Value. The Formula Value of the Company's common stock equity at any particular date of determination shall be an amount calculated by adding (1) the product obtained by (i) multiplying the number five (5) by (ii) the difference obtained by (x) the Company's EBITDA for the twelve (12) full calendar months immediately preceding such date (the "Test Period") minus (y) the lesser of (A) the aggregate amount of non-discretionary, required maintenance capital expenditures made by the Company during the Test Period and (B) the aggregate amount of the Company's depreciation expense during the twelve (12) calendar month period immediately preceding the Test Period, plus (2) the sum of the Company's and its Subsidiaries' cash balances and cash equivalents on hand as of such date, and minus (3) the aggregate amount of Indebtedness for borrowed money outstanding as of such date and not prohibited by this Agreement.
Formula Value. The “Formula Value” of the Company’s common stock equity at any particular date of determination shall be an amount calculated as follows: six (6) x EBITDA for the trailing twelve months as determined by reference to the unaudited income statement most recently available of the Company (or the audited financial statements in the case of months constituting the fiscal year or any part thereof for which audited financial statements are available), prepared in accordance with GAAP (subject, in the case of interim financial statements, to normal year end adjustments and the absence of footnotes), for the period ended as of the last day of the month ending immediately prior to the date the Formula Value is being determined, less all Indebtedness for Borrowed Money of the Company on any day of calculation, less to the extent (and only to the extent) that any Preferred Stock is deemed not to convert to Common Stock pursuant to the definition ofFully Diluted Basis”, the aggregate liquidation preference of all such Preferred Stock, plus cash, (less outstanding checks) on any day of calculation held by the Company.

Related to Formula Value

  • Market Value Adjustment 16 3.07 Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

  • Target Fair Market Value The Company agrees that the Target Business that it acquires must have a fair market value equal to at least 80% of the balance in the Trust Account at the time of signing the definitive agreement for the Business Combination with such Target Business (excluding taxes payable and the Deferred Underwriting Commissions). The fair market value of such business must be determined by the Board of Directors of the Company based upon standards generally accepted by the financial community, such as actual and potential sales, earnings, cash flow and book value. If the Board of Directors of the Company is not able to independently determine that the target business meets such fair market value requirement, the Company will obtain an opinion from an independent investment banking firm or another independent entity that commonly renders valuation opinions with respect to the satisfaction of such criteria. The Company is not required to obtain an opinion as to the fair market value if the Company’s Board of Directors independently determines that the Target Business does have sufficient fair market value.

  • Determination of Net Asset Value The Trustees shall cause the Net Asset Value of Shares of each Series or Class to be determined from time to time in a manner consistent with applicable laws and regulations. The Trustees may delegate the power and duty to determine Net Asset Value per Share to one or more Trustees or officers of the Trust or to a custodian, depository or other agent appointed for such purpose. The Net Asset Value of Shares shall be determined separately for each Series or Class at such times as may be prescribed by the Trustees or, in the absence of action by the Trustees, as of the close of regular trading on the New York Stock Exchange on each day for all or part of which such Exchange is open for unrestricted trading.

  • Determination of Fair Market Value For purposes of this Section 10.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Net Asset Value The net asset value of each outstanding Share of the Trust shall be determined at such time or times on such days as the Trustees may determine, in accordance with the 1940 Act. The method of determination of net asset value shall be determined by the Trustees and shall be as set forth in the Prospectus or as may otherwise be determined by the Trustees. The power and duty to make the net asset value calculations may be delegated by the Trustees and shall be as generally set forth in the Prospectus or as may otherwise be determined by the Trustees.

  • Market Value Market value shall be determined by the Lending Agent, where applicable, based upon the valuation policies adopted by the Client’s Board of Directors/Trustees.

  • Fair Market Value Fair Market Value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

  • CALCULATION OF NET ASSET VALUE U.S. Trust will calculate the Fund's daily net asset value and the daily per-share net asset value in accordance with the Fund's effective Registration Statement on Form N-2 (the "Registration Statement") under the Securities Act of 1933, as amended (the "Securities Act"), including its current prospectus. If so directed, U.S. Trust shall also calculate daily the net income of the Fund

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

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