Applicable Measuring Period means the period of four consecutive fiscal quarters ending on the applicable date of determination.
Applicable Measuring Period means, (i) with respect to the fiscal quarters ending June 30, 2012, September 30, 2012 and December 31, 2012, the period commencing on April 1, 2012, and ending on such date of determination, and (ii) with respect to the fiscal quarter ending March 31, 2013, and each fiscal quarter ending thereafter, the four fiscal quarter period then ending.
Applicable Measuring Period means (a) for any date of determination ending prior to December 31, 2014, the period beginning January 1, 2014 and ending on such date and (b) for any date of determination ending on or after December 31, 2014, the twelve preceding months then ending.
Examples of Applicable Measuring Period in a sentence
If the Company’s Actual Cumulative Operating Cash Flow for the Applicable Measuring Period is less than the Target Cumulative Operating Cash Flow for that same period, then the Target Number of Share Units allocated to this Performance Goal shall be forfeited without payment of any consideration and without further action or notice.
If neither of the conditions set forth in Section 2(a)(i) or (ii) above has been satisfied during the Applicable Measuring Period, then the Target Number of Share Units allocated to this Performance Goal shall be forfeited without payment of any consideration and without further action or notice.
If the Grantee incurs a Qualified Termination during the Performance Period, then the Target Cumulative Operating Cash Flow shall equal the sum of the target operating cash flow goals for each calendar year during the Applicable Measuring Period.
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More Definitions of Applicable Measuring Period
Applicable Measuring Period means the period of four consecutive fiscal quarters ending on the applicable date of determination. For purposes of calculating the Consolidated Fixed Charge Coverage Ratio as of December 31, 2021, March 31, 2022, and June 30, 2022, the Consolidated Fixed Charge Coverage Ratio shall be based on the three, six and nine month periods, respectively, then ended.
Applicable Measuring Period means (a) for each fiscal quarter ending on or before June 30, 2014, the period beginning on July 1, 2013 and ending on the relevant fiscal quarter-end, and (b) for each fiscal quarter ending thereafter, the four fiscal quarters then ending.
Applicable Measuring Period set forth in Section 1 of the Agreement is amended to read as follows:
Applicable Measuring Period means, as of any date of determination, the preceding six month period ended on such date.
Applicable Measuring Period means (a) as used in the definition of “Consolidated Fixed Charge Coverage Ratio”, (i) through and including the fiscal quarter ending December 31, 2010, the period of time commencing on January 1, 2010 through and including the last day of the applicable fiscal quarter, and (ii) thereafter, the period of four consecutive fiscal quarters ending on the last day of the applicable fiscal quarter, and (b) for purposes of calculating the minimum Consolidated Net Income under Section 7.9(c), the period of four consecutive fiscal quarters ending on the last day of the applicable fiscal quarter.”
Applicable Measuring Period means (a) for any date of determination ending prior to December 31, 2014, the period beginning January 1, 2014 and ending on such date and (b) for any date of determination ending on or after December 31, 2014, the twelve preceding months then ending. “Asset Purchase Agreement” shall mean the Agreement dated January 3, 2014 between Holdings and Meridian Waste Services, LLC (“Seller”), as amended and assigned to Borrower. “Asset Sale” shall mean the sale, transfer, lease or other disposition by Borrower or any of its Subsidiaries of any asset to any Person. “Assignment” shall mean the Assignment as Collateral Security dated April 30, 2014 by the Borrower in favor of the Bank, as the same may be amended or modified from time to time. “Bank” shall have the meaning set forth in the preamble to this Agreement, and include any successors and/or assigns of Bank. “Business Day” shall have the meaning given to such term in the Notes. “Capex Credit Commitment” shall mean Seven Hundred Fifty Thousand Dollars ($750,000). “Capex Credit Maturity Date” shall mean April 30, 2016. “Capex Credit Note” shall mean the note described in Section 3.A.1 hereof, made by the Borrower to the Bank in the form attached to this Agreement as Exhibit F, as such note may be amended, renewed, replaced, extended or supplemented from time to time. “Capital Expenditures” shall mean, for any period, with respect to any Person, the aggregate of all expenditures by such Person and its Subsidiaries for the acquisition or leasing (pursuant to a Capitalized Lease) of fixed or capital assets or additions to equipment, plant and property that should be capitalized under GAAP on a Consolidated balance sheet of such Person and its Subsidiaries including, without limitation, amounts paid or payable under any conditional sale or other title retention agreement or under any lease or other periodic payment arrangement which is of such a nature that payment obligations of the lessee or obligor thereunder would be required by GAAP to be capitalized and shown as liabilities on the balance sheet of such lessee or obligor. “Capitalized Lease” shall mean any lease of any property (whether real, personal or mixed) by any Person as lessee which, in conformity with GAAP, is or is required to be accounted for as a capital lease on the balance sheet of such Person, together with any renewals of such leases (or entry into new leases) on substantially similar terms. “Cash Equivalents” shall include:
Applicable Measuring Period means (i) if the date of determination is March 31, 2003, the three month period ending on such date, (ii) if the date of determination is June 30, 2003, the six month period ending on such date, (iii) if the date of determination is September 30, 2003, the nine month period ending on such date and (iv) if the date of determination is December 31, 2003 or thereafter, the twelve month period ending on such date.