Consolidated EBITDA Addbacks definition
Consolidated EBITDA Addbacks means (a) fees, costs, expenses, reserves and charges relating to restructurings, including business organization expenses, costs related to the closure and/or consolidation of facilities, retention charges and recruiting, relocation, severance and signing bonuses and expenses, (b) fees, costs, expenses and charges for such period in connection with (i) any issuance or incurrence of indebtedness or equity, (ii) any acquisition or investment and (iii) any divestiture and (c) losses, costs and expenses arising from or in connection with discontinued operations or casualty events.
Consolidated EBITDA Addbacks means (a) fees, costs, expenses, reserves and charges relating to restructurings, including business organization expenses, costs related to the closure and/or consolidation of facilities, retention charges and recruiting, relocation, severance and signing bonuses and expenses, (b) fees, costs, expenses and charges for such period in connection with (i) any issuance or incurrence of indebtedness or equity, (ii) any acquisition or investment and (iii) any divestiture and (c) losses, costs and expenses arising from
Consolidated EBITDA Addbacks means (a) fees, costs, expenses, reserves and charges relating to restructurings, including business organization expenses, costs related to the closure and/or consolidation of facilities, retention charges and recruiting, relocation, severance and signing bonuses and expenses, (b) fees, costs, expenses and charges for such period in connection with (i) any issuance or incurrence of indebtedness or equity, (ii) any acquisition or investment and (iii) any divestiture and (c) losses, costs and expenses arising from or in connection with discontinued operations or casualty events. 7 For the purposes of calculating Consolidated EBITDA, if the applicable Person or any of its subsidiaries shall have consummated a Specified Transaction (as defined below), Consolidated EBITDA for such period shall be calculated after giving pro forma effect thereto as if such Specified Transaction occurred on the first day of the period. For purposes hereof, “Specified Transaction” means any transaction or series of related transactions resulting in (a) the acquisition or disposition of all or substantially all of the assets of a Person, or of any business or division of a Person, (b) the acquisition or disposition of in excess of 50% of the Equity Interests of any Person or (c) a merger or consolidation or any other combination with another Person (other than the Company or any of its Subsidiaries). LEVERAGE RATIO (((1)+(2))/(3)) REQUIRED RATIO ≤ 3.50 to 1.0 COMMITMENT INCREASE SUPPLEMENT, dated _________________ (this “Supplement”), to the 364-Day Credit Agreement dated as of September 5, 2017 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Cummins Inc. (the “Borrower”), the Subsidiary Borrowers referred to under the Credit Agreement, the lenders from time to time party thereto (the “Lenders”), ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank, N.A., Bank of America, N.A., ING Bank N.V., Dublin Branch, Citibank, N.A. and HSBC Bank USA, N.A., as Swingline Lenders, and JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).