Examples of EBITDA Event in a sentence
The Waiver shall not constitute a waiver of any event, condition, term or provision of or under the Securities Purchase Agreement or the Debenture other than the Existing EBITDA Event of Default or any other EBITDA Event of Default to the extent, in either such case, that it relates to the EBITDA Target Periods specified above, regardless of whether such event or condition exists as of the Effective Date or in the future.
For the avoidance of doubt, the parties acknowledge that the Waiver shall not apply to any Event of Default arising under Section 6(d)(ix) of the Debenture (each, an "EBITDA Event of Default"), including without limitation the Existing EBITDA Event of Default, to the extent that it relates to an EBITDA Target Period occurring after the Waiver Expiration Date.
Subject to Section 2.3(b), the principal amount outstanding under the Term Loan shall accrue interest at a floating per annum rate equal to the Prime Rate plus two and three-quarters percent (2.75%); provided that from and after the occurrence of the EBITDA Event, the principal amount outstanding under the Term Loan shall accrue interest at a floating per annum rate equal to the Prime Rate plus one and three-quarters percent (1.75%).
Subject to Section 2.3(b), the principal amount outstanding under the Revolving Line shall accrue interest at a floating per annum rate equal to the Prime Rate plus two and one-quarter percent (2.25%); provided, that from and after the occurrence of the EBITDA Event, the principal amount outstanding under the Revolving Line shall accrue interest at a floating per annum rate equal to the Prime Rate plus one and one-quarter percent (1.25%).
For purposes of this Section 3(a), a "Negative EBITDA Event" shall be deemed to have occurred if the Company's "EBITDA" during any 12-month period ending not more than six (6) months prior to the termination of the Executive's Employment Period shall have declined at least 10% from the Company's EBITDA during any preceding 12-month period.