Applicable EBITDA definition

Applicable EBITDA means the aggregate EBITDA during the applicable Measurement Period, calculated in accordance with Exhibit 4.

Applicable EBITDA means with respect to any Real Property that is owned or ground leased by the Issuer or any Subsidiary and used in a business permitted under Section 10.3, as of any date of determination, an amount equal to the portion of EBITDA attributable to such asset for the most recently ended Reference Period.

Applicable EBITDA with respect to any Real Property that is owned or ground leased by the Parent Borrower or any Subsidiary and used in a business permitted under Section 8.3, as of any date of determination, an amount equal to the portion of EBITDA attributable to such Real Property for the most recently ended Reference Period.

Examples of Applicable EBITDA in a sentence

• The Certified Applicable EBITDA shall be deemed to be the Applicable EBITDA for the purposes of this Article VIII, and the Certified Cash Flows shall be deemed to be the Cash Flows for the applicable Fiscal Year for the purposes of Exhibit 9.

• The Accounting Expert shall certify to the Company and the Unilever Stockholder (i) that it has considered the respective submissions of the Company and the Unilever Stockholder and has determined the Applicable EBITDA in accordance with Exhibit 4 and/or the amount of such Cash Flows in accordance with Exhibit 9, as applicable, and (ii) the amount of such Applicable EBITDA (the “Certified Applicable EBITDA”) and/or such Cash Flows (the “Certified Cash Flows”).

• Any dispute as to the Base Value that is not resolved by the Company and the Unilever Stockholder during such 30-Business Day period shall be submitted to their respective external financial advisors (the “Financial Advisors”) in accordance with Section 8.11(a), and any dispute as to the Applicable EBITDA that is not resolved by the Company and the Unilever Stockholder during such 30-Business Day period shall be submitted to the Accounting Expert in accordance with Section 8.10(a).

• The Accounting Expert shall determine (in its opinion and having requested such further information from the Company and the Unilever Stockholder as it shall require) the Applicable EBITDA prepared in accordance with Exhibit 4 and/or the amount of such Cash Flows prepared in accordance with Exhibit 9, as applicable.

• The greater of (x) the Certified Base Value, and (y) eight times the Certified Applicable EBITDA shall be deemed to be the Base Value for the applicable Measurement Period for the purposes of this Article VIII.

More Definitions of Applicable EBITDA

Applicable EBITDA of the Borrower and its Subsidiaries means "A" minus "B"; where:

Applicable EBITDA means, at any time, Consolidated EBITDA for the most recent Reference Period.

Applicable EBITDA means, at any time, Consolidated EBITDA for the most recent period of four consecutive Fiscal Quarters ended on or most recently prior to such time for which financial statements have been delivered (or are required to be delivered) to Administrative Agent pursuant to Section 5.1(a) or (b) (or, if prior to the date of the delivery of the first financial statements to be delivered pursuant to Section 5.1(a) or (b), the most recent financial statements referred to in Section 3.4(a)).

Applicable EBITDA means, with respect to the Company and its Subsidiaries, the Consolidated Adjusted EBITDA for the twelve-month period ending on the last full calendar month immediately prior to the date the Call Exercise Notice is received by the ECP Representative or a Put Exercise Notice is received by Dynegy, as applicable, for which internal financial statements are available.

Applicable EBITDA means, at any time, Consolidated EBITDA for the Company and its Subsidiaries on a consolidated basis in accordance with GAAP for the most recent Test Period.

Applicable EBITDA means, at any time, Consolidated EBITDA for the Borrower and its Subsidiaries on a consolidated basis in accordance with GAAP for the period of four consecutive fiscal quarters of the Borrower ended on or most recently prior to such time for which financial statements have been delivered (or are required to have been delivered) to the Administrative Agent pursuant to Section 5.01(a) or (b) (or, if prior to the date of the delivery of the first financial statements to be delivered pursuant to Section 5.01(a) or (b), the most recent financial statements referred to in Section 3.04(a)).

Applicable EBITDA means, with respect to any calendar month, the aggregate EBITDA of the Company for the twelve calendar months ending with and including such calendar month, provided, however, with respect to any calendar month prior to March 2003 (herein an "applicable month"), Applicable EBITDA shall include the EBITDA of JCC for the number of months immediately preceding April 2002 needed to aggregate to 12 months when added to the number of months from April 2002 through and including the applicable month, and for such purposes the EBITDA of JCC shall be determined as if all references to the Company and its subsidiaries in the definition herein of the term "EBITDA" are references to JCC and its subsidiaries.