Examples of Measuring Fiscal Year in a sentence
By way of example, if the EBITDA of the Measuring Fiscal Year equaled $25.0 million, the Fair Market Value would equal $237.5 million.
EBITDA from Continuing Operations for each Base Fiscal Year during the Performance Period shall be the EBITDA from Continuing Operations from that same year when such year was a Measuring Fiscal Year, unless otherwise determined by the Committee by the 162(m) Deadline for the Measuring Fiscal Year, and shall be separately communicated to Participant.
EBITDA from Continuing Operations for each Base Fiscal Year during the Performance Period shall be the EBITDA from Continuing Operations from that same year when such year was a Measuring Fiscal Year, unless otherwise determined by the Committee by the 162(m) Deadline for the Measuring Fiscal Year (if any), and shall be separately communicated to Participant.
For example, if EBITDAF of Stella for a Measuring Fiscal Year were 105.625% of Stella MET, the Stella Award Pool would be $1.96875 million.
EBITDAF for a Measuring Fiscal Year were 105.625% of MET, the Award Pool would be $5.6875 million.
Alternatively, if EBITDAF of H&M for a Measuring Fiscal Year were 109.375% of MET, the H&M Award Pool would be $.8125 million.
EBITDA from Continuing Operations for the Base Fiscal Year for the first Measuring Fiscal Year of the Performance Period is the Company’s actual EBITDA from Continuing Operations for the Company’s Fiscal Year ended [April 30, 20XX], as determined by the Committee.
If the Minimum EBITDAF Target is not met or exceeded for the Measuring Fiscal Year, there shall be no Award Pool.
The amount, if any, of payments to be made under this Plan with respect to H&M Units shall be conditioned upon meeting or exceeding the H&M Minimum EBITDAF Target in the Measuring Fiscal Year and shall increase incrementally as the EBITDAF of H&M for the Measuring Fiscal Year exceeds such H&M Minimum EBITDAF Target (up to 115% of H&M Minimum EBITDAF Target, as defined below).
In the event that for any reason the actual Pre-Tax Profits in any one Measuring Fiscal Year shall be less than the Minimum Pre-Tax Profits, then and in such event, the Annual Earn-Out Payment that the Seller or the Stockholders shall be entitled to receive in respect of such Measuring Fiscal Year (the “Shortfall Measuring Year”) shall be twenty-five (25%) percent of the actual Pre-Tax Profits earned by the Corporations in such Shortfall Measuring Year.