TTM EBITDA. Permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA April 30, 2007 $ 21,000,000 July 31, 2007 $ 21,000,000 October 31, 2007 $ 21,000,000 January 31, 2008 $ 20,000,000 April 30, 2008 $ 20,000,000 July 31, 2008 $ 21,000,000 October 31, 2008 $ 22,000,000 January 31, 2009 $ 23,000,000 April 30, 2009 $ 23,000,000 July 31, 2009 $ 23,000,000 October 31, 2009 $ 23,000,000 January 31, 2010 $ 24,000,000 April 30, 2010 $ 24,000,000 July 31, 2010 $ 24,000,000 October 31, 2010 $ 24,000,000 January 31, 2011 $ 25,000,000 April 30, 2011 $ 25,000,000 July 31, 2011 $ 25,000,000 October 31, 2011 $ 25,000,000 January 31, 2012 $ 25,000,000”
TTM EBITDA. (i) During the period from the Effective Date to but not including the Term Loan B Funding Date, permit TTM EBITDA of the Borrower and its Subsidiaries for the period ended as of the last day of each fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA June 30, 2007 $ 31,000,000 September 30, 2007 $ 34,000,000 December 31, 2007 $ 34,000,000 March 31, 2008 $ 34,000,000 June 30, 2008 $ 34,000,000 September 30, 2008 $ 34,000,000 December 31, 2008 $ 34,000,000 March 31, 2009 $ 34,000,000 June 30, 2009 $ 34,000,000 September 30, 2009 $ 34,000,000 December 31, 2009 $ 34,000,000 March 31, 2010 $ 34,000,000 June 30, 2010 $ 34,000,000 September 30, 2010 $ 34,000,000 December 31, 2010 $ 34,000,000 March 31, 2011 $ 34,000,000 June 30, 2011 $ 34,000,000 September 30, 2011 $ 34,000,000 December 31, 2011 $ 34,000,000 March 31, 2012 $ 34,000,000 June 30, 2012 $ 34,000,000 September 30, 2012 $ 34,000,000 December 31, 2012 $ 34,000,000 March 31, 2013 $ 34,000,000 June 30, 2013 $ 34,000,000
TTM EBITDA. Permit TTM EBITDA of the Parent and its Subsidiaries as the last day of any fiscal quarter set forth below to be less than the applicable amount set forth opposite such date: Fiscal Quarter End TTM EBITDA June 30, 2007 $ 21,000,000 September 30, 2007 $ 20,300,000 December 31, 2007 $ 20,000,000 March 31, 2008 $ 21,000,000 June 30, 2008 $ 21,700,000 September 30, 2008 $ 21,900,000 December 31, 2008 $ 21,900,000 March 31, 2009 $ 22,800,000 June 30, 2009 $ 23,000,000 September 30, 2009 $ 23,300,000 December 31, 2009 and the last day of each fiscal quarter of Parent thereafter $ 23,500,000 (d) Capital Expenditures. Make Capital Expenditures in any Fiscal Year in excess of the amount set forth in the following table for the applicable period: Fiscal Year 2007 $ 3,700,000 Fiscal Year 2008 $ 4,300,000 Fiscal Year 2009 $ 4,300,000 Fiscal Year 2010 $ 4,300,000 Fiscal Year 2011 $ 4,300,000 provided that if the amount of the Capital Expenditures permitted to be made in any calendar year as set forth in the above table is greater than the actual amount of the Capital Expenditures actually made in such calendar year (such amount, the “Excess Amount”), then 100% of such Excess Amount (the “Carry-Over Amount”) may be carried forward to the next succeeding calendar year; provided further that the Carry-Over Amount applicable to one calendar year may not be carried forward to another calendar year.
TTM EBITDA. Permit the TTM EBITDA at the end of any fiscal quarter set forth below to be less than the applicable amount set forth below opposite such date: Consolidated EBITDA Fiscal Quarter End $ 13,000,000 September 30, 2005 $ 12,400,000 December 31, 2005 $ 14,700,000 March 31, 2006 $ 17,000,000 June 30, 2006 and the last day of each fiscal quarter thereafter
TTM EBITDA. Notwithstanding the foregoing, for purposes of calculating the Leverage Ratio for the fiscal quarters ending December 31, 2005, March 31, 2006 and June 30, 2006, EBITDA shall be annualized during such fiscal quarters such that (a) for the calculation of the Leverage Ratio as of December 31, 2005, EBITDA for the fiscal quarter then ending will be multiplied by four (4), (b) for the calculation of the Leverage Ratio as of Xxxxx 00, 0000, XXXXXX for the two fiscal quarter period then ending will be multiplied by two (2) and (c) for the calculation of the Leverage Ratio as of June 30, 2006, EBITDA for the three fiscal quarter period then ending will be multiplied by one and one-third (1 1/3). For the purpose of calculation of the Leverage Ratio, Term Loan amortization payments made on the first Business Day of any fiscal quarter are deemed to have been made on the last Business Day of the immediately prior fiscal quarter.
TTM EBITDA. Permit the TTM EBITDA of the Borrower and its Subsidiaries at the end of each Fiscal Month set forth below to be less than the applicable amount set forth opposite such date: Fiscal Month End TTM EBITDA April 6, 2004 $ 8,960,000 May 4, 2004 $ 9,060,000 June 1, 2004 $ 9,150,000 July 6, 2004 $ 9,400,000 August 3, 2004 $ 9,200,000 August 31, 2004 $ 9,070,000 October 5, 2004 $ 9,430,000 November 2, 2004 $ 9,400,000 November 30, 2004 $ 9,990,000 January 4, 2005 $ 11,590,000 February 1, 2005 $ 11,190,000 March 1, 2005 $ 12,140,000 April 5, 2005 $ 12,450,000 May 3, 2005 $ 12,750,000 76 May 31, 2005 $ 13,680,000 July 5, 2005 $ 14,280,000 August 2, 2005 $ 14,580,000 August 30, 2005 $ 14,940,000 October 4, 2005 $ 15,220,000 November 1, 2005 $ 15,560,000 November 29, 2005 $ 15,430,000 January 3, 2006 $ 14,560,000 January 31, 2006 $ 14,490,000 February 28, 2006 $ 14,530,000 April 4, 2006 $ 14,540,000 May 2, 2006 $ 14,560,000 May 30, 2006 $ 14,610,000 July 4, 2006 $ 14,620,000 August 1, 2006 $ 14,660,000 August 29, 2006 $ 14,690,000 October 3, 2006 $ 14,690,000 October 31, 2006 $ 14,740,000 November 28, 2006 $ 14,810,000 January 2, 2007 $ 14,950,000 January 30, 2007 and the last day of each Fiscal Month thereafter $ 15,050,000 77
TTM EBITDA. Section 1.1 of the Loan Agreement is hereby amended by the addition thereto of the following term to be inserted into Section 1.1 in the appropriate alphabetical sequence:
TTM EBITDA. The earnings before interest, Taxes, depreciation and amortization of Pubco and its Subsidiaries, on a consolidated basis, shall be adjusted as follows to determine the Adjusted TMT EBITDA used in connection with the determination of the Earnout Payments hereunder:
TTM EBITDA. (i) TTM income from operations (ii) TTM leasing related cash interest expense (iii) TTM depreciation (iv) TTM amortization (v) TTM compensation related to stock options TTM EBITDA [(i + ii + iii + iv + v)] $ $ $ $ $ $
TTM EBITDA. If the Senior Leverage Ratio of the Parent and its Subsidiaries is greater than or equal to 3.0:1.0 as of the last day of any fiscal quarter set forth below, permit TTM EBITDA of the Parent and its Subsidiaries at the end of such fiscal quarter to be less than the applicable amount set forth below: Fiscal Quarter End TTM EBITDA March 31, 2007 $38,000,000 June 30, 2007 $38,000,000 September 30, 2007 $40,000,000 December 31, 2007 $40,000,000 March 31, 2008 $45,000,000 June 30, 2008 $45,000,000 September 30, 2008 $45,000,000 December 31, 2008 $50,000,000 March 31, 2009 $50,000,000 June 30, 2009 $50,000,000 September 30, 2009 $50,000,000 December 31, 2009 $55,000,000 March 31, 2010 $55,000,000 June 30, 2010 $55,000,000 September 30, 2010 $55,000,000 December 31, 2010 and for the last day of each fiscal quarter thereafter $60,000,000
