Actual EBIT definition

Actual EBIT means the actual net income of Purchaser, plus interest expenses, taxes and goodwill amortization expenses related to the transactions contemplated hereby for each Earn Out Period, as calculated in accordance with GAAP applied in a manner consistent with Purchaser's past practices and as determined from Purchaser's internal accounting records; provided, however, that if the Actual EBIT for any Earn Out Period exceeds 125% of the Base EBIT for such Earn Out Period, then the Actual EBIT for the subsequent Earn Out Period shall be increased by the amount of such excess;

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Actual EBIT means the Company's EBIT for any specified period.

Actual EBIT means, for any period, the Consolidated Net Income ----------- of the Company for such period adjusted to deduct therefrom interest income and to add thereto the following to the extent deducted in calculating such Consolidated Net Income: (i) income tax expenses; (ii) interest expense and (iii) any non-cash charge related to the issuance of Company options to purchase Common Stock. Such amounts shall be determined pursuant to an audit by a nationally recognized accounting firm in accordance with GAAP.

Examples of Actual EBIT in a sentence

• The Purchaser and persons who are currently Related Parties of the Seller, who may continue to work following Closing for the benefit of the Purchaser, each represent and warrant that they will operate the business in the ordinary course and not take any actions directly intended to either accelerate income from future periods so that it is included in Actual EBIT FY 2011 or delay income that should have been included in Actual EBIT FY 2011 to future periods.

• Notwithstanding the foregoing, the First Incentive Bonus shall be paid for the one year period ending October 31, 1997 regardless of whether Actual EBIT for such year exceeds Actual EBIT for the next preceding year, and such payment obligation is deemed absolute and non-contingent.

• Other than Permitted Liens, the Maker shall not, and shall not permit the Guarantors to, enter into, create, incur, assume or suffer to exist any liens, security interests, charges, claims or other encumbrances of any kind (collectively, “Liens”) on or with respect to any of its assets now owned or hereafter acquired or any interest therein or any income or profits therefrom.

• If the 2011 Actual EBIT is greater than or equal to the 2011 Guaranteed EBIT, then all of the Remaining Escrow Shares shall be released to the Make Good Pledgor.

• The Company and the Placement Agent shall instruct the Independent Expert promptly to review this Section 4 and to determine (i) 2010 Actual EBIT or 2011 Actual EBIT, as the case may be, based solely on the terms of this Agreement and (ii) the number of the Escrow Shares or Remaining Escrow Shares, as the case may be, to which the Holders are entitled, if any.

More Definitions of Actual EBIT

Actual EBIT means, with respect to any one-year period ending October 31 during the term hereof, the sum of (i) the unaudited consolidated net income (or loss) of the Employer for such year, extrapolated from the financial statements of the Employer filed with the Securities and Exchange Commission, excluding therefrom the financial statement effects of the Employer's CASI subsidiary and any other subsidiary of the Employer which may in the future be acquired, calculated in accordance with generally accepted accounting principles consistently applied and further excluding therefrom any extraordinary items of income or loss; and (ii) all amounts deducted in the computation thereof on account of (A) income taxes, (B) interest expense, (C) the Supplemental Bonuses, as defined below, (D) management or similar fees paid by subsidiaries of the Employer within the Datatec Division to the Employer, (E) all Employer holding company costs, including without limitation, costs of or relating to the Chairman and Chief Executive Officer of the Employer and their respective staffs and the costs of or relating to the Chief Financial Officer of the Employer and his staff, including without limitation, accounting and auditing costs; legal costs, finance and administration, and costs of management information systems, and (F) fees paid by the Employer to any investment banking firm, venture capital firm or similar firm or any affiliates of such firm during such year. Notwithstanding the foregoing, any expenses incurred by the Employer specifically for the benefit of the Datatec Division at the request of the Datatec Division, or as may reasonably be determined by the Employer to be required, shall be deducted from EBIT.

Actual EBIT means the consolidated EBIT for the group formed by the Ducros Group and the Sodis Group, for the period between January 1, 2000 up to and including the Closing Date, calculated without taking into account either (i) the exceptional charges related to Desert Products International indicated as FRF 24,300,000 for the year 2000, or (ii) any one off items of a non recurring nature which should have resulted in an adjustment under French GAAP in the (i) 1999 Consolidated Accounts for the Ducros Group or (ii) in the 1999 Consolidated Accounts for the Sodis Group or (iii) the certified financial statements for Malile for financial year 1999.

Actual EBIT for a particular Earn-Out Period means the sum of (a) the difference between Revenues and Costs, and (b) interest income during such Earn-Out Period, less net income attributable to any minority interest.

Actual EBIT means actual earnings before interest and taxes of the Housewares Division for such year after deducting all estimated bonuses for bonus eligible employees of the Housewares Division (including Executive) and making equitable adjustments to reflect acquisitions and divestitures and extraordinary items (as defined by generally accepted accounting principles) to the extent such adjustments are approved by the chief executive officer of Group and Group's Compensation Committee, such approval to be conclusive; and (z) "Budgeted EBIT" means projected earnings before interest and taxes of the Housewares Division included in the applicable year's budget as submitted to Group's Board of Directors."

Actual EBIT means with respect to any Earn-Out Period or the Fourth Earn-Out Make-Up Period, as applicable, the actual EBIT of Bombshell determined in accordance with Exhibit B and Section 1.10(c).

Actual EBIT means earnings before interest and taxes of the Company for fiscal year 2002 without regard to any acquisition(s) which may occur during such year.

Actual EBIT means the dollar amount equal to the sum of AI's earnings before interest and federal, state and local income taxes for the applicable periods based on the Reviewed Financial Statements.