Consolidated Adjusted Net Earnings definition

Consolidated Adjusted Net Earnings means with respect to any fiscal period, the net income (or loss) for such fiscal period attributable to the Borrowers and their Restricted Subsidiaries, all as reflected on the Section 9.01 Financials, but excluding (without duplication and to the extent otherwise included in such net income (or loss)): (i) any gain or loss arising from the sale of fixed assets; (ii) any gain arising from any write-up (or loss arising from any write-down) of fixed assets, Investments or general intangibles during such period; (iii) net earnings of a Joint Venture or any other entity in which a Borrower or a Restricted Subsidiary has an ownership interest except to the extent actually distributed to the Borrowers or their Subsidiaries in cash; (iv) any portion of the net earnings of any Subsidiary which for any reason is unavailable for payment of Distributions in cash to a Borrower or its Restricted Subsidiary; (v) the earnings of any Person to which any assets of a Borrower or its Restricted Subsidiary shall have been sold, transferred or disposed of, or into which a Borrower or its Restricted Subsidiary shall have merged, or been a party to any consolidation or other form of reorganization, prior to the date of such transaction; (vi) any gain arising from the acquisition of any securities of a Borrower or its Restricted Subsidiary; (vii) any non-cash gain or non-cash loss arising from extraordinary or non-recurring items net of any Taxes (without duplication); and (viii) public company costs, merger and proxy related expenses, workers compensation reserve adjustments, legal settlements and other historical costs associated with closed facilities, in each case, to the extent such costs were incurred prior to the Closing Date.
Sample 1Sample 2Sample 3
Consolidated Adjusted Net Earnings means with respect to any fiscal period, the net income (or loss) for such fiscal period of Borrowers and their Subsidiaries, all as reflected on the financial statement of Borrowers supplied to Administrative Agent and Lenders pursuant to Section 10.1.3 hereof, but excluding (without duplication and to the extent otherwise included in such net income (or loss)): (i) any gain or loss arising from the sale of fixed assets; (ii) any gain arising from any write-up (or loss arising from any write-down) of fixed assets, Investments or general intangibles during such period; (iii) net earnings of a Joint Venture or any other entity in which a Borrower or a Subsidiary has an ownership interest except to the extent actually distributed to Borrowers or their Subsidiaries in cash; (iv) any portion of the net earnings of any Subsidiary which for any reason is unavailable for payment of Distributions in cash to a Borrower or its Subsidiary; (v) the earnings of any Person to which any assets of a Borrower or its Subsidiary shall have been sold, transferred or disposed of, or into which a Borrower or its Subsidiary shall have merged, or been a party to any consolidation or other form of reorganization, prior to the date of such transaction; (vi) management fees paid or payable to Platinum or its Affiliates, not to exceed $5,000,000 in the aggregate in any Fiscal Year; (vii) any gain arising from the acquisition of any securities of a Borrower or its Subsidiary; (viii) any non-cash gain or non-cash loss arising from extraordinary or non-recurring items net of any Taxes (without duplication); (ix) facility closure and severance costs and charges in Fiscal Year 2007 and in Fiscal Year 2008; (x) restructuring expenses and charges in Fiscal Year 2007 and in Fiscal Year 2008; (xi) acquisition integration expenses and charges in Fiscal Year 2007 and in Fiscal Year 2008; (xii) systems implementation expenses related to Ryerson’s SAP platform in Fiscal Year 2007 and in Fiscal Year 2008; provided that the aggregate amount excluded from net income pursuant to clauses (ix) through (xii) in calculating Consolidated Adjusted Net Earnings shall not exceed $45,000,000 in the aggregate during the period from the Closing Date through Fiscal Year 2008; (xiii) public company costs, merger and proxy related expenses, workers compensation reserve adjustments, legal settlements (including amounts paid in Fiscal Year 2007 (a) with respect to the shareholders class action proceedings relating t...
Sample 1Sample 2
Consolidated Adjusted Net Earnings means with respect to any fiscal period, the net income (or loss) for such fiscal period attributable to the Borrowers and their Restricted Subsidiaries, all as reflected on the Section 9.01 Financials, but
Sample 1

Examples of Consolidated Adjusted Net Earnings in a sentence

  • Consolidated EBITDA - for any period, on a Consolidated basis, an amount equal to the sum for such period of (i) Consolidated Adjusted Net Earnings, plus (ii) provision for Taxes based on income, plus (iii) Consolidated Interest Expense, plus (iv) depreciation, amortization and other non-cash charges, including any non-cash write-down of assets relating to the consolidation of the Retail Borrowers and any write-down of Storehouse’s goodwill in accordance with FASB 142.

  • Consolidated EBITDA - for any fiscal period of Borrowers and their Subsidiaries, on a Consolidated basis (without duplication), an amount equal to the sum for such fiscal period of (i) Consolidated Adjusted Net Earnings, plus (ii) provision for taxes based on or determined by reference to income, plus (iii) Consolidated Interest Expense, plus (iv) depreciation, amortization and other non-cash charges.

  • Secured Party hereby acknowledges that it waived effective August 31, 1997 the failure of the Debtors to comply with the "Default" levels of Consolidated Adjusted Net Earnings From Operations through August 31, 1997.

  • EBIT - for any period, an amount equal to the sum of (i) Consolidated Adjusted Net Earnings for such period, plus (ii) the aggregate amount of all provision for all Taxes based on the income of Borrowers and their respective Subsidiaries on a Consolidated basis for such period (whether or not paid, estimated or accrued), to the extent deducted from Consolidated Adjusted Net Earnings, plus (iii) Consolidated Interest Expense for such period, to the extent deducted from Consolidated Adjusted Net Earnings.

  • Consolidated Adjusted Diluted Net Earnings Per Share for each period represents Consolidated Adjusted Net Earnings while giving effect to all potentially dilutive shares of common stock that were outstanding during the period.

  • The following tables present Consolidated Adjusted Net Earnings and Adjusted Diluted Net Earnings Per Share reconciled to net earnings and diluted net earnings per share, respectively, presented in accordance with U.S. GAAP: (in millions, except share data)(1) Transformation Program expense includes consulting and other costs associated with executing our Transformation Program initiatives.

  • EBIT - with respect to any fiscal period, the Consolidated Adjusted Net Earnings From Operations (or Loss) of Holdings, before interest expense and taxes for said period as determined in accordance with GAAP, excluding the impact, if any, from purchase accounting.

  • EMS shall achieve Consolidated Adjusted Net Earnings From Operations of at least (or, where negative, not exceeding) the following amounts for the periods set forth below: Consolidated Adjusted Period Net Earnings from Operations Month ending September 30, 1997 ($ 725,000) Two Months ending October 31, 1997 ($1,150,000) Three Months ending November 30, 1997 $ 125,000 Failure to achieve such levels shall constitute an event of default under the Loan Agreement.


More Definitions of Consolidated Adjusted Net Earnings

Consolidated Adjusted Net Earnings means, with respect to any Person for any fiscal period, the Consolidated net earnings (or loss) after the provision for income taxes, but before the deduction for non-cash preferred stock dividends, of such Person for such fiscal period of such Person, as reflected on the financial statements of such Person, but excluding (to the extent included in the calculation of Consolidated net earnings (or loss)): any gain or loss from asset dispositions (other than sales of inventory); any gain arising from any write-up of assets; the income (or loss) of any Person accrued prior to the date it became a Subsidiary of the Company or is merged into or consolidated with the Company; the income (or loss) of any Person (other than a subsidiary of the Company) in which the Company or any of its wholly-owned subsidiaries has an ownership interest unless received in a cash distribution or requiring the payment of cash; extraordinary gains as defined under GAAP and extraordinary non-cash losses, net of the related tax effects; and non-cash gains or losses due to changes in GAAP..
Sample 1
Consolidated Adjusted Net Earnings means, as applied to the Company and its Wholly-Owned Domestic Subsidiaries, the aggregate of the Consolidated Net Income as Reported of the Company and its Wholly-Owned Domestic Subsidiaries for each fiscal year or portion thereof during the period in question, provided that
Sample 1
Consolidated Adjusted Net Earnings means with respect to any fiscal period, the Consolidated net earnings (or loss) after the provision for income taxes, but before the deduction for non-cash preferred stock dividends, for such fiscal period of the Company, as reflected in the financial statements of the Company supplied to the Purchaser pursuant to SECTION 8.5 of the Agreement, but excluding (to the extent included in the calculation of Consolidated net earnings (or loss)):
Sample 1
Consolidated Adjusted Net Earnings means, with respect to any Person for any fiscal period, the Consolidated net earnings (or loss) after the provision for income taxes, but before the deduction for non-cash preferred stock dividends, of such Person for such fiscal period of such Person, as reflected on the financial statements of such Person, but excluding (to the extent included in the calculation of Consolidated net earnings (or loss)): any gain or loss from asset dispositions (other than sales of inventory); any gain arising from any write-up of assets; the income (or loss) of any Person accrued prior to the date it became a Subsidiary of the Company or is merged into or consolidated with the Company; the income (or loss) of any Person (other than a subsidiary of the Company) in which the Company or any of its wholly-owned subsidiaries has an ownership interest unless received in a cash distribution or requiring
Sample 1
Consolidated Adjusted Net Earnings means, with reference to any period, the Consolidated Net Earnings for such period, plus, to the extent deducted from revenues in determining Consolidated Net Earnings for such period, extraordinary or non-recurring non-cash losses incurred other than in the ordinary course of business, and minus, to the extent included in Consolidated Net Earnings, extraordinary or non-recurring gains realized other than in the ordinary course of business.
Sample 1

Related to Consolidated Adjusted Net Earnings

  • Consolidated Adjusted EBITDA means, for any period, an amount determined for Borrower and its Subsidiaries on a consolidated basis equal to Consolidated Net Income for such period, plus, (i) to the extent deducted in determining Consolidated Net Income for such period, the sum, without duplication of amounts for:

  • Consolidated Net Income means, with respect to any specified Person for any period, the aggregate of the Net Income of such Person and its Restricted Subsidiaries for such period, on a consolidated basis, determined in accordance with GAAP; provided that:

  • Adjusted Consolidated EBITDA means, for any Computation Period, Consolidated EBITDA for such Computation Period adjusted by giving effect on a pro forma basis to Acquisitions and dispositions completed during such Computation Period.

  • Consolidated Net Worth means at any time the consolidated stockholders’ equity of the Borrower and its Subsidiaries calculated on a consolidated basis as of such time.

  • Consolidated Excess Cash Flow means, for any period for the Consolidated Group, (a) net cash provided by operating activities for such period as reported on the audited GAAP cash flow statement delivered under Section 7.01(a) minus (b) the sum of, in each case to the extent not otherwise reducing net cash provided by operating activities in such period, without duplication, (i) scheduled principal payments and payments of interest in each case made in cash on Consolidated Total Funded Debt during such period (including for purposes hereof, sinking fund payments, payments in respect of the principal components under capital leases and the like relating thereto), in each case other than in connection with a refinancing thereof, (ii) Consolidated Capital Expenditures made in cash during such period that are not financed with the proceeds of Indebtedness, an issuance of Capital Stock or from a reinvestment of Net Cash Proceeds referred to in Section 2.06(b)(ii), (iii) optional prepayments of Funded Debt during such period (other than prepayments of Revolving Loans owing under this Credit Agreement (unless, in the case of a prepayment of Revolving Loans, there is a simultaneous reduction in the Aggregate Revolving Commitments in the amount of such prepayment pursuant to Section 2.07) and other such optional prepayments made with the proceeds of other Indebtedness), (iv) to the extent not financed with the incurrence or assumption of Indebtedness or proceeds from an issuance of Capital Stock, Subject Dispositions, Specified Dispositions or Involuntary Dispositions, cash sums expended for Investments pursuant to Sections 8.02(c), (i), (j), (k) (other than with respect to any amount expended on such Investments through the use of the Cumulative Credit) or (v) during such period, (v) without duplication of amounts deducted from Consolidated Excess Cash Flow in prior periods, the aggregate consideration required to be paid in cash by the Borrower or any Subsidiary pursuant to binding contracts (the “Contract Consideration”) entered into prior to or during such period relating to Consolidated Capital Expenditures to be consummated or made during the three months following the end of such period, provided that to the extent the aggregate amount of internally generated cash actually utilized to finance such Consolidated Capital Expenditures during such three months is less than the Contract Consideration, the amount of such shortfall shall be added to Consolidated Excess Cash Flow for the period following such period and (vi) to the extent such amounts increased net cash provided by operating activities in such period, funds collected by the Borrower or any of its Subsidiaries on behalf of clients of the Borrower or any of its Subsidiaries representing the face amount of tickets sold plus (c) to the extent such amounts decreased net cash provided by operating activities in such period, funds remitted by the Borrower or any of its Subsidiaries to clients of the Borrower or any of its Subsidiaries representing the face amount of tickets sold.