Final EBITDA definition

Final EBITDA has the meaning set forth in Section 3.6.

Final EBITDA is defined in Section 2.6(a).

Final EBITDA means EBITDA as finally determined pursuant to Section 3.2.

Examples of Final EBITDA in a sentence

• Any payment to be made pursuant to the prior two sentences shall be made within thirty (30) days after the Final EBITDA Amount has been determined; provided, however, that notwithstanding the foregoing, CBI shall not be required to make any payment in excess of the value of the Preliminary Adjustment Amount until the first anniversary of the Closing.

• For example, if CBI submits that the Final EBITDA Amount is $365 million and ABI submits that the Final EBITDA Amount is $400 million, but the Independent Accountant determines that the Final EBITDA Amount is $370 million, CBI shall bear 100% of the fees and expenses of the Independent Accountant.

• The Sellers shall be deemed to have agreed with all items and amounts of Final EBITDA, Closing Payoff Indebtedness, Final Cash and/or Closing Transaction Expenses not specifically referenced in the Notice of Disagreement (other than contra accounts and other items and amounts reasonably related to such items and amounts specifically referenced in the Notice of Disagreement), and such items and amounts shall not be subject to review in accordance with Section 2.6(c).

• Any Notice of Disagreement may reference only disagreements based on mathematical errors or based on amounts of the Final EBITDA, Closing Payoff Indebtedness, Final Cash and/or Closing Transaction Expenses as reflected on the Final Closing Statement not being calculated in accordance with this Section 2.6.

• The Independent Accounting Firm shall consider only those items and amounts in the Seller Representative’s and the Buyer’s respective calculations of the Final EBITDA, Closing Payoff Indebtedness, Final Cash and Closing Transaction Expenses that are identified as being items and amounts to which the Seller Representative and the Buyer have been unable to agree.

More Definitions of Final EBITDA

Final EBITDA has the meaning ascribed to it in Section 1.06(c)(i).

Final EBITDA has the meaning ascribed to it in Section 10.1(d). "Fiscal Year" of the Company shall mean 12-month period ending on December 31 or the shorter period ending commencing on the date hereof and ending on December 31, 2007, as applicable. "Final Gross Revenue" has the meaning ascribed to it in Section 10.6(b).

Final EBITDA means the amount calculated on the basis of SG’s consolidated financial statement, prepared in accordance with the IAS/IFRS accounting principles, presented to SG’s Shareholders’ Meeting upon the approval of SG’ s financial statement.

Final EBITDA has the meaning set forth in, and determined in accordance with Section 7.2(b).

Final EBITDA means the audited fiscal year end Reference Obligation’s Ebitda as defined in the Reference Obligation terms and conditions and as determined by the Calculation Agent.Proportion means, in respect of a Noteholder, the proportion of the aggregate principal amount of Note(s) outstanding consisting of principal amounts of the Note(s) held by such Noteholder. Regulatory Change Cost means, in respect of a Regulatory Change Event, an amount, determined by the Issuer equal to the cost which a Reference Investor would have incurred in respect of such Regulatory Change Event had it purchased, received, held, transferred or sold the Reference Obligations (and/or any amount received in respect thereof) at any time during the term of the Note(s). Reference Custodial/Settlement Arrangement means any formal or informal (express or implied) arrangement, method, means or account type through which a Reference Investor may hold, directly or indirectly, an interest (including a beneficial interest) in the Reference Obligations and/or any amount received in respect thereof.Annex A Coupon Payment Dates1

Final EBITDA means the EBITDA set forth in the Final EBITDA Certificate.

Final EBITDA means the higher of (i) EBITDA for the four fiscal quarters most recently ended as of the Fifth Anniversary Date or (ii) the annual average of EBITDA for each of three most recently ended fiscal years prior to the Fifth Anniversary Date.