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 $ 19,000,000 July 31, 2008 $ 19,000,000 October 31, 2008 $ 21,000,000 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 SECTION 7.03(D) of the Financing Agreement is hereby amended and restated in its entirety as follows:
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: $ 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. 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. (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. 18 SECTION 8. Definitions and Accounting Terms..................................................................18
TTM EBITDA. The Borrower shall at any time fail to satisfy the financial covenant set forth in Section 6.02 then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Required Lenders (or, in the case of an Event of Default under Section 7.01, any Lender (or group of Lenders that are affiliates of one another) with outstanding Loans in an aggregate principal equal to at least $5,000,000) may, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of any other Lender or the holder of any Convertible Note to enforce its claims against any Loan Party (provided that, if an Event of Default specified in Section 7.04 shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Required Lenders to the Borrower as specified in clause (i) below shall occur automatically without the giving of any such notice): (i) declare the principal of and any accrued interest in respect of all Loans and the Convertible Notes and all Obligations to be, whereupon the same shall, subject to Section 9.04 hereof, become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and (ii) exercise any rights or remedies under the Subordinated Guaranty.
TTM EBITDA as of the date of determination and on a consolidated basis, Borrowers’ EBITDA for the prior twelve month period. UCC: the Uniform Commercial Code as in effect in the state of California or, when the laws of any other jurisdiction govern the perfection or enforcement of any Lien, the Uniform Commercial Code of such jurisdiction.
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: 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
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
(ii) During the period from and after 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 $ 33,000,000 September 30, 2007 $ 36,000,000 December 31, 2007 $ 36,000,000 March 31, 2008 $ 36,000,000 June 30, 2008 $ 36,000,000 September 30, 2008 $ 36,000,000 December 31, 2008 $ 36,000,000 March 31, 2009 $ 37,000,000 June 30, 2009 $ 37,000,000 September 30, 2009 $ 37,000,000 December 31, 2009 $ 37,000,000 March 31, 2010 $ 38,000,000 June 30, 2010 $ 38,000,000 September 30, 2010 $ 38,000,000 December 31, 2010 $ 38,000,000 March 31, 2011 $ 39,000,000 June 30, 2011 $ 39,000,000 September 30, 2011 $ 39,000,000 December 31, 2011 $ 39,000,000 March 31, 2012 $ 40,000,000 June 30, 2012 $ 40,000,000 September 30, 2012 $ 40,000,000 December 31, 2012 $ 40,000,000 March 31, 2013 $ 41,000,000 June 30, 2013 $ 41,000,000 (e) 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 $ 12,000,000 Fiscal Year 2008 $ 12,000,000 Fiscal Year 2009 $ 9,000,000 Fiscal Year 2010 $ 9,000,000 Fiscal Year 2011 $ 9,000,000 Fiscal Year 2012 $ 9,000,000 Fiscal Year 2013 $ 9,000,000 provided that if the amount of the Capita...
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:
