Actual EBITDA definition

Actual EBITDA means, for any fiscal year of the Company, the EBITDA of the Company and its consolidated subsidiaries for such fiscal year as reflected on the Company’s financial statements for such fiscal year; and (iii) “Budgeted EBITDA” shall mean, for any fiscal year of the Company, the EBITDA for the Company and its consolidated subsidiaries for such fiscal year set forth in the budget for such fiscal year adopted by the Board.

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Actual EBITDA has the meaning set forth in the Credit Agreement dated as of July 30, 2004 by and among Foundation PA Coal Company, as borrower, FC 2 Corp. and Foundation Coal Corporation, as guarantors, and the lenders named therein as in effect on the date hereof.

Actual EBITDA means the Consolidated EBITDA of the Company and its Subsidiaries for any particular four fiscal quarter period, derived from the Company's consolidated financial statements for such four fiscal quarter period certified by the Company's chief financial officer.

Examples of Actual EBITDA in a sentence

• The minimum level of performance at which EBITDA Cash Upside Units can begin to be earned is greater than one hundred percent (100%) of Actual EBITDA.

• The minimum level of performance at which EBITDA Restricted Stock Units can be earned is eighty-five percent (85%) of Actual EBITDA.

• The Target Bonus shall be calculated and payable in accordance with and based on the Actual EBITDA of the Company by reference to the Budgeted EBITDA.

• Subject to the Participant’s continued Employment with the Company or one of its Affiliates (except as provided in Section 3(k)) through February 27, 2012, the EBITDA Restricted Stock Units shall be earned with respect to one-third of the Shares subject to the EBITDA Restricted Stock Units on each EBITDA Performance Date to the extent that the Actual EBITDA for the fiscal year ending on such EBITDA Performance Date equals the Target EBITDA for such fiscal year.

• Subject to the Participant’s continued Employment with the Company or one of its Affiliates (except as provided in Section 3(k)) through February 27, 2012, the EBITDA Cash Performance Units shall be earned with respect to one-third of the Units subject to the EBITDA Cash Performance Units on each EBITDA Performance Date to the extent that the Actual EBITDA for the fiscal year ending on such EBITDA Performance Date equals the Target EBITDA for such fiscal year.

More Definitions of Actual EBITDA

Actual EBITDA means the Company's and Sleepmaster L.L.C.'s ("Sleepmaster's") consolidated EBITDA for a particular Fiscal Year as set forth on the Company's audited consolidated financial statements for such Fiscal Year; provided, that for purposes of calculating the Company's and Sleepmaster's consolidated EBITDA for a particular Fiscal Year, the Company shall give effect to any acquisition of all of the capital stock or all, or substantially all, of the consolidated assets of an unaffiliated Person (an "Acquired Business") by the Company or Sleepmaster (whether such Acquired Business was acquired by means of a merger, consolidation, asset purchase, security purchase or otherwise) on an actual basis, as though such acquisition had occurred on the first day of such Fiscal Year.

Actual EBITDA means actual EBITDA for the Measurement Period attributable to the accounts purchased hereunder (and the accounts purchased pursuant to that certain Asset Purchase Agreement by and between Buyer and Buyer’s Affiliate, Patriot Risk Services, Inc., and and Seller’s affiliate, Restaurant Coverage Associates, Inc.) and any new business added by Seller or Equity Holders during the Measurement Period.

Actual EBITDA has the meaning set forth in Section 2.14(a).

Actual EBITDA means EBITDA for the Measurement Period.

Actual EBITDA means the amount of the Corporation’s earnings for fiscal year 2016, determined in accordance with general accepted accounting principles (“GAAP”), adjusted for interest expense, income taxes, depreciation and amortization expense, debt extinguishment and accelerated maintenance expense for new international deployments.

Actual EBITDA means, for any fiscal year of the Company, the EBITDA of the Company and its subsidiaries for such fiscal year as derived from the Company’s financial statements for such fiscal year; provided, however, that all amounts (i) paid to Brazos Equity Advisors II, L.P. (or an affiliate thereof) pursuant to the terms of the Monitoring and Oversight Agreement to be entered into by and among Parent, the Company and Brazos Equity Advisors II, L.P. (or an affiliate thereof) and (ii) paid to M▇▇▇ ▇. ▇▇▇▇▇ as a director fee, shall be added back to Actual EBITDA. For purposes of this Agreement, the “EBITDA Target” shall mean, (i) for the fiscal year 2006, $22,000,000, and (ii) for any fiscal year of the Company thereafter, such EBITDA target as is determined by the Board after consultation with the Company’s management and based on the Company’s historical performance and projected growth based on the projections prepared by the Company and attached hereto as Exhibit A.

Actual EBITDA is defined in the definition of Designated Period Actual EBITDA Notice.