Cash Earnings definition

Cash Earnings means the Company’s Net Profit for each Fiscal Quarter, (i) exclusive of any net income as so computed of the Company’s non-United States subsidiaries that has not been distributed by such subsidiaries to the Company or the Company’s United States subsidiaries, (ii) increased by depreciation, amortization, cost recovery allowances and other non-cash charges deducted in determining the Company’s Net Profit, and (iii) decreased by any income or franchise taxes (including without limitation withholding or branch profits taxes on distributions made or deemed made to the Company) imposed on the Company (as distinguished from income taxes imposed on the Members), to the extent not already deducted in computing Net Profit.

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Cash Earnings in Section 1.1 of the Original Agreement is hereby amended in its entirety to read as follows:

Cash Earnings means as of the end of any calendar month, Borrower's Consolidated net income for the twelve (12) consecutive calendar months then ended PLUS (i) nonrecurring losses for such calendar month, (ii) other non-cash charges taken into account in determining such net income and (iii) exploration expenses taken into account in determining such net income, but only to the extent that exploration expenses exceed $3,000,000, MINUS (iv) nonrecurring gains taken into account in determining such net income, and (v) any cash dividends that have been declared, accrued or paid (without duplication) on common or preferred stock during such twelve-month period.

Examples of Cash Earnings in a sentence

If Participant is Company’s CEO, the Committee then will submit its determinations with respect to the Adjusted Cash Earnings and the amount to which such Participant is entitled to the Board of Directors for review and approval.
The Adjusted Cash Earnings levels are not necessarily identical to any earnings outlook or guidance that may be announced by the Company and are structured to ensure that Award payments are not artificially inflated or deflated.
The Incentive Bonus Payment for Cash Earnings Available for Common Shareholders per Fully Diluted Share levels falling between the low and the high range shall be computed on a straight-line basis.
The payroll deduction authorized by the Participant for purposes of acquiring shares of Common Stock during an offering period may be any multiple of one percent (1%) of the Cash Earnings paid to the Participant during each Purchase Interval within that offering period, up to a maximum of fifteen percent (15%).
Any item set forth in the Preliminary Closing Balance Sheet, the Preliminary Closing Cash Earnings or the calculation of Preliminary Adjustment Amount and not specifically objected to by Seller within such sixty (60) day period shall be deemed (i) conclusive and binding on the parties in all respects and (ii) final and non-appealable for all purposes hereunder.

More Definitions of Cash Earnings

Cash Earnings means the (i) base salary payable to a participant by the Company and/or Designated Subsidiary during such individual's period of participation in one or more Offering Periods under the Plan plus (ii) all overtime payments, bonuses, commissions, current profit-sharing distributions and other incentive-type payments. Such Cash Earnings shall be calculated before deduction of (A) any income or employment tax withholdings or (B) any pre-tax contributions made by the participant to any Code Section 401(k) salary deferral plan or any Code Section 125 cafeteria benefit program now or hereafter established by the Company or any corporate affiliate. However, Cash Earnings shall NOT include any contributions (other than Code Section 401(k) or Code Section 125 contributions) made on the participant's behalf by the Company or any corporate affiliate to any employee benefit or welfare plan now or hereafter established.

Cash Earnings means as of the end of any Fiscal Quarter, Borrower's Consolidated net income for such Fiscal Quarter, minus nonrecurring gains and plus nonrecurring losses for such Fiscal Quarter, plus other non cash charges taken into account in determining such net income, minus any cash dividend that has been declared, has accrued or has been paid on common or preferred stock during such Fiscal Quarter (but in no event shall any such dividend be included more than once for purposes of this definition)."

Cash Earnings means as of the end of any Fiscal Quarter, Borrower's Consolidated net income for for the two consecutive Fiscal Quarters then ended plus Borrower's projected Consolidated net income for the immediately succeeding two Fiscal Quarters as set forth in the cash flow projections delivered to Agent and approved by Majority Lenders in accordance with Section 2.8(b) plus (i) nonrecurring losses taken into account in determining such net income and (ii) exploration expenses taken into account in determining such net income, but only to the extent that exploration expenses exceed $3,000,000, minus (iii) nonrecurring gains taken into account in determining such net income and (iv) any cash dividends that have been declared, accrued or paid (without duplication) on common or preferred stock during such Fiscal Quarter.

Cash Earnings means at the date of determination for the applicable period an amount equal to:

Cash Earnings means the Company's consolidated, unrestricted cash and cash equivalents at the end of the calendar year, minus

Cash Earnings means as of the end of any Fiscal Quarter, Borrower's Consolidated net income for such Fiscal Quarter, minus nonrecurring gains and plus nonrecurring losses for such Fiscal Quarter, plus other non cash charges taken into account in determining such net income, minus cash dividend payments on common and preferred stock made during such Fiscal Quarter.

Cash Earnings means [NTD: TO BE INSERTED].