Company EBITDA means, with respect to a fiscal year of OBO Holdings, the sum of (without duplication): (a) Consolidated Net Income for such fiscal year and (b) to the extent Consolidated Net Income has been reduced thereby, (i) all income taxes of the Company Group recorded as a tax provision in accordance with GAAP for such period (other than income taxes attributable to items (a), (b), and (f) included in the definition of Consolidated Net Income), (ii) Consolidated Interest Expense, and (iii) Consolidated Non-Cash Charges, all as determined on a consolidated basis for the Company Group in accordance with GAAP, and (iv) any non-cash equity compensation expense and store closing costs. The components of Company EBITDA will be determined by the independent auditor of the Company Group in accordance with GAAP.
Company EBITDA means the Company’s fiscal year ended June 30, 2017 revenues less operating expenses and selling, general and administrative expenses, as set forth in the Company’s Annual Report on Form 10-K for such fiscal year, including all allocations consistent with past Company operating and accounting practices, but excluding allocations of any items contained in the line item titled “Other, Corporate and Eliminations” as set forth in the Company’s Annual Report on Form 10-K for the fiscal year ended June 30, 2017. For the avoidance of doubt, the definition of Company EBITDA does not include amortization of cable distribution investments; depreciation and amortization; impairment and restructuring charges; equity (losses) earnings of affiliates; interest expense, net; interest income; other, net; income tax expense; loss from discontinued operations, net of tax; and net income attributable to noncontrolling interests, in each case, as set forth in the Company’s Annual Report on Form 10-K for the fiscal year ended June 30, 2017. For purposes of this Section 5.06, “Regulatory Adverse Impact” means an impact on the financial condition, properties, assets, business or results of operations of the Retained Business and the non-U.S. operations, businesses and assets of Parent and its Subsidiaries, taken as a whole, that is both significant and adverse, measured on a scale relative to the size of the Retained Business, which determination may, in Parent’s sole discretion, take into account any reduction in revenue and/or cost synergies anticipated from the Mergers that results from the applicable Restrictions; provided that “the size of the Retained Business” shall be measured (i) if the Sky Acquisition is consummated, after giving effect to such consummation, (ii) to the extent that any revenue synergies are taken into account by Parent for purposes of determining whether a Regulatory Adverse Impact has occurred, after the inclusion of all revenue synergies anticipated from the Mergers and (iii) to the extent that any cost synergies are taken into account by Parent for purposes of determining whether a Regulatory Adverse Impact has occurred, after the inclusion of all cost synergies anticipated from the Mergers; provided, further, that any Restriction of the type described in clause (iv) of the definition thereof which prohibits Parent or any of its Subsidiaries (other than the Company or any of the Retained Subsidiaries) from licensing their content on an exclusive basi...
Company EBITDA shall have the meaning ascribed thereto in the Third Amended and Restated Duff & Xxxxxx Acquisitions LLC Agreement, to be dated as of the date of the consummation of the IPO, as adjusted (up or down) for the following during the period of measurement: (i) any non-recurring one-time expenses or any such expenses as determined by the Executive Committee of the Board and approved by the Compensation Committee of the Board will be added to Company EBITDA for purposes of this Employment Agreement, (ii) Company EBITDA attributable to any acquisition by the D&P Entities with an aggregate purchase price during any 12 month period in excess of $10 million will be subtracted from Company EBITDA for purposes of this Employment Agreement, (iii) the aggregate Annual Bonus amounts payable to Xxxx Xxxxxxxxxx, Xxxxxx Xxxxxx and Xxxxx Xxxxxxxxx for such period under this Employment Agreement and other similar agreements with such executives will be added to Company EBITDA for purposes of this Employment Agreement, and (iv) any compensation expense related to the portion of any equity awards issued to the Executive or any other employee of a D&P Entity as part of his or her Annual Bonus during the Term will be subtracted from Company EBITDA for purposes of this Employment Agreement.
Examples of Company EBITDA in a sentence
In no event shall Employee earn any amount under the Incentive Plan for any calendar year during the Term unless the actual Company EBITDA for such calendar year equals or exceeds ninety percent (90%) of the Annual EBITDA Target for such calendar year.
By way of example, if Company EBITDA is equal to Target Company EBITDA then the Annual Bonus shall be the Target Bonus Amount.
However, notwithstanding anything in this Employment Agreement to the contrary, the Approved Professional Performance Percentage shall be zero unless the actual Company EBITDA for the respective calendar year equals or exceeds ninety percent (90%) of the Annual EBITDA Target for such calendar year.
The EBITDA weighted portion of the American Group and National Group Presidents’ PEP awards will be based 50% on Company EBITDA performance and 50% on their respective Group’s EBITDA performance.
Notwithstanding anything in this Employment Agreement to the contrary, the Approved Company Performance Percentage shall be zero unless the actual Company EBITDA for the respective calendar year equals or exceeds the Annual EBITDA Target for such calendar year.
More Definitions of Company EBITDA
Company EBITDA means the earnings before interest, taxes, depreciation and amortization of the Company and its wholly-owned subsidiaries, if any, determined on a consolidated basis in accordance with GAAP.
Company EBITDA means the Company’s “Adjusted EBITDA” as reported in the Company’s Quarterly Reports on Form 10-Q or Annual Reports on Form 10-K filed with the SEC following the end of each fiscal quarter or fiscal year, as applicable or if the Company does not make filings with the SEC, as otherwise reasonably determined by the Advisor and reported to the Audit Committee.
Company EBITDA means Company FFO excluding the impact of realized disposition gains, interest expense, cash taxes, and realized disposition gains, current income taxes and interest expense related to equity accounted investments;
Company EBITDA means EBITDA of the Company and its subsidiaries on a consolidated basis for the twelve months ending on the FMV Measuring Date.
Company EBITDA for any period means the Company’s earnings before interest, taxes, depreciation and amortization for such period, as calculated in accordance with GAAP applied on a consistent basis throughout such period.
Company EBITDA means, for any period, the net income (loss) of the Company, excluding, to the extent included in determination of such net income (loss), (i) interest expense of the Company, net of any interest income, (ii) provision/benefit for income taxes, (iii) depredation and amortization expense, and (iv) any charges, expenses, credits, or income related to the accounting for the Earn-out, in each case as determined in accordance with GAAP, and as set forth in the audited financial statements for the Baseline Period and for the Earn-out Period.
Company EBITDA means, for the Company for any period, an amount equal to the sum of (i) the Company’s net income for such period plus (ii) to the extent deducted in determining net income for such period and without duplication, (A) interest expense, (B) income tax expense determined on a consolidated basis in accordance with GAAP, and (C) depreciation and amortization expense determined on a consolidated basis in accordance with GAAP.