Consolidated EBITDA

Consolidated EBITDA. Means, for any applicable period, the sum of (a) Net Income for such period, plus (b) to the extent deducted in determining Net Income, the sum of (i) amounts attributable to amortization, (ii) income tax expense, (iii) Interest Expense and (iv) depreciation of assets, in each case annualized for applicable periods of less than a year, for such period.

Consolidated EBITDA. Means, for any period, Consolidated Net Income for such period plus (a) without duplication and to the extent deducted in determining such Consolidated Net Income, the sum of (i) consolidated interest expense for such period, (ii) consolidated income tax expense for such period, (iii) all amounts attributable to depreciation and amortization for such period, (iv) any extraordinary charges for such period, (v) acquisition and reorganization costs associated with the Global Acquisition not in... excess, in the aggregate for all periods, of $65,000,000, (vi) noncash charges consisting of writedowns during such periods in the carrying value of portfolio equity investments and (vii) noncash losses during such period attributable to the ownership by the Borrower and the Restricted Subsidiaries of Equity Interests in a Person the results of which are required, in accordance with GAAP, to be consolidated with those of the Borrower and the Restricted Subsidiaries during such period, provided, however, that the Borrower and the Restricted Subsidiaries do not own more than 20% of the outstanding Equity Interests of such Person, and minus (b) without duplication, (i) any extraordinary gains during such period, to the extent included in the determination of such Consolidated Net Income, and (ii) any cash expenditures made during such period in respect of acquisition costs in connection with the Global Acquisition referred to in clause (a) (v) above, but only to the extent the cumulative amount of such cash expenditures for all periods exceeds $16,000,000. View More

Consolidated EBITDA. Shall mean, for any period, the sum of (a) Consolidated Net Income (excluding the gain, if any, recognized in connection with the prepayment of the CPR Note) for such period, plus (b) an amount which, in the determination of Consolidated Net Income for such period, has been deducted for (i) Consolidated Interest Expense; (ii) Consolidated Cash Taxes; and (iii) depreciation and amortization expense minus (c) an amount which, in the determination of Consolidated Net Income for such period, has... been added for any non-cash income or non-cash gains plus (d) an amount which, in the determination of Consolidated Net Income for such period, has been subtracted for any non-cash losses, all as determined in accordance with GAAP. View More

Consolidated EBITDA. Shall mean for any period, without duplication, Consolidated Net Income for such period plus, to the extent reflected as a charge in the statement of such Consolidated Net Income for such period, the sum of (a) income tax expense, (b) Consolidated Interest Expense, amortization or write-off of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness, (c) depreciation and amortization expense, (d) amortization of intangibles... (including, but not limited to, goodwill) and organization costs, (e) any extraordinary, unusual or non-recurring expenses or losses (including, whether or not otherwise includable as a separate item in the statement of such Consolidated Net Income for such period, net losses on sales of assets outside of the ordinary course of business), (f) any minority interest deduction, and (g) any other non-cash charges, and minus, to the extent included in the statement of such Consolidated Net Income for such period, the sum of (a) interest income (except to the extent deducted in determining Consolidated Interest Expense), (b) any extraordinary, unusual or non-recurring income or gains (including, whether or not otherwise includable as a separate item in the statement of such Consolidated Net Income for such period, net gains on sales of assets outside of the ordinary course of business), and (c) any other non-cash income, all as determined on a consolidated basis; provided that for purposes of calculating Consolidated EBITDA of the Company and its Subsidiaries for any period: (i) the Consolidated EBITDA of any Person acquired by the Company or its Subsidiaries during such period shall be included on a pro forma basis (including any items which are permitted to be added back to Consolidated Net Income under Regulation SX and any other identifiable cost savings resulting from any such acquisition as well as the incremental EBITDA associated with the annualized run-rate of theatres operated by the acquired Person for less than one year prior to the date of acquisition, excluding any theatres opened for less than six months) for such period (assuming the consummation of such acquisition and the incurrence or assumption of any Indebtedness 19 in connection therewith had occurred on the first day of such period and without giving effect to clause (a) of the proviso set forth in the definition of Consolidated Net Income) if the consolidated balance sheet of such acquired Person and its consolidated Subsidiaries as at the end of the fiscal year preceding the acquisition of such Person and the related consolidated statements of income and stockholders' equity and of cash flows for the period in respect of which Consolidated EBITDA is to be calculated have been reported on without a qualification arising out of the scope of the audit by independent certified public accountants of nationally recognized standing or have been found reasonably acceptable by the Mitchell Investors; and (ii) the Consolidated EBITDA of any Subsidiary disposed of by the Company or its Subsidiaries during such period shall be excluded for such period (assuming the consummation of such disposition and the repayment of any Indebtedness in connection therewith had occurred on the first day of such period). View More

Consolidated EBITDA. Fiscal Quarter Consolidated EBITDA Fiscal quarter ended March 31, 2023 $2,087,897.01 Fiscal quarter ended June 30, 2023 $(1,288,311.23) Fiscal quarter ended September 30, 2023 ... $3,729,416.46 Fiscal quarter ended December 31, 2023 $22,721,082.84 View More

Consolidated EBITDA. Means, with respect to any Person for any period, the Consolidated Net Income of such Person and its Subsidiaries for such period: (a) increased (without duplication) by the following, in each case, to the extent deducted (and not added back) in computing Consolidated Net Income for such Person for such period: (i) federal, state, local and foreign income or franchise taxes of such Person and its Subsidiaries paid or payable in cash during such period; plus ... (ii) Consolidated Interest Expense of such Person and its Subsidiaries to the extent paid or payable in cash or otherwise; plus (iii) Consolidated Depreciation and Amortization Expense of such Person and its Subsidiaries; plus (iv) non-cash losses and non-cash charges (excluding any non-cash charges that constitute an accrual of or a reserve for future cash charges or are reasonably likely to result in a cash outlay in a future period); plus (v) in the case of the Borrower, reasonable and customary one-time, non-recurring fees, expenses and costs relating to the Transactions incurred within six months of the Closing Date; plus (vi) without duplication of any addbacks provided in the definition of Pro Forma Basis, to the extent not already reflected pursuant to another provision of this subsection (a), non-recurring losses, non-recurring charges or non-recurring expenses, including integration costs incurred in connection with Permitted Acquisitions and the Transactions after the Closing Date, restructuring charges, retention charges, recruiting, relocation, severance and signing bonuses and expenses, systems establishment costs, conversion costs, consulting fees and any one time expense relating to enhanced accounting function, or any other costs incurred in connection with any of the foregoing, in each case, reasonably acceptable to the Administrative Agent, provided that the amount of this clause (vi) shall not exceed in any period 10% of Consolidated EBITDA determined before giving effect to this clause (vi); provided, further, that the amount of this clause (vi) may exceed the 10% threshold for the twelve-month period ending (A) September 30, 2022 so long as such amount does not exceed $4,600,000, (B) December 31, 2022 so long as such amount does not exceed $4,750,000, (C) March 31, 2023 so long as such amount does not exceed $3,500,000, (D) June 30, 2023 so long as such amount does not exceed $2,750,000, (E) September 30, 2023 so long as such amount does not exceed $2,500,000, and (F) December 31, 2023 so long as such amount does not exceed $2,250,000; provided, further, that the amount of this clause (vi) may exceed the 10% threshold for (I) the commission fee relating to the Employee Retention Credit in an amount equal to or around $1,000,000 expected to be paid on or before December 31, 2024 and (II) reserves and expenses related to finalizing an escheatment audit with the State of Delaware in a total amount equal to or around $600,000 expected to be paid during the second quarter of 2024; plus (vii) without duplication of any addbacks provided in the definition of Pro Forma Basis, losses, charges and expenses attributed to asset Dispositions (including Dispositions pursuant to Sale and Leaseback transactions) or the sale or other Disposition of any Equity Interests of any Person other than in the ordinary course of business or the Disposition of any securities or the extinguishment of any Indebtedness; plus (viii) any net realized or unrealized loss during such period resulting from currency transaction or translation losses, including those related to currency remeasurements of indebtedness (including any losses resulting from swaps and intercompany indebtedness); plus (ix) any non-cash impairment losses resulting from any reappraisal, revaluation or write-up or write-down of assets; plus (x) any unrealized hedging losses pursuant to hedging agreements; plus (xi) any other non-cash expenditure, charge or loss for such period (other than any non-cash expenditure, charge or loss relating to write-offs, write-downs or reserves with respect to accounts receivable and inventory); plus (xii) one-time non-recurring costs associated with the settlement of the Biostage Litigation; plus 2 (xiii) non-cash inventory write-downs with respect to the CHIPs Program in an amount not to exceed (a) $1,300,000 for the fiscal quarter ending September 30, 2022 and (b) $400,000 for the fiscal quarter ending December 31, 2022; and (b) decreased (without duplication) by the following, in each case, to the extent taken into account (or added back) in computing Consolidated Net Income for such Person for such period: (i) interest income to the extent received in cash or otherwise during such period; plus (ii) any gain realized in connection with the sale or Disposition of assets (including Dispositions pursuant to Sale and Leaseback transactions) other than in the ordinary course of business or the Disposition of any securities or the extinguishment of any Indebtedness; plus (iii) any gain realized in connection with the Employee Retention Credit received in the Fiscal Year ending on or before December 31, 2024. For purposes of determining the Consolidated Net Leverage Ratio, (a) there shall be included in determining Consolidated EBITDA of the Borrower and its Subsidiaries for any period, without duplication, (i) the Acquired EBITDA of any Acquired Entity or Business on a Pro Forma Basis and (b) there shall be excluded in determining Consolidated EBITDA of the Borrower and its Subsidiaries for any period, the Disposed EBITDA of any Sold Entity or Business on a Pro Forma Basis. Notwithstanding the foregoing, but subject to any adjustment set forth above with respect to any transactions occurring after the Closing Date, Consolidated EBITDA shall be $5,865,812, $903,374, $4,562,934 and $3,984,713 for the fiscal quarters ended December 31, 2019, March 31, 2020, June 30, 2020 and September 30, 2020, respectively. View More

Consolidated EBITDA. And (i) any fees, expenses and other charges (including, without limitation, any consent fees) associated with the payment of the dividend permitted by Section 7.6(j)"-

Consolidated EBITDA. Shall have the meaning given to such term in the Indenture.

Consolidated EBITDA. Means, for any period, Consolidated Net Income of the Representative and its Consolidated Subsidiaries for such period plus, without duplication, any amounts deducted in determining such Consolidated Net Income in respect of (a) Consolidated Interest Charges for such period, (b) Consolidated Tax Charges for such period, (c) expenses for such period of the types classified as "depreciation and amortization" on the consolidated statement of... operations included in the Base Financials, (d) non-cash charges for such period under the FASB Statement No. 142, Goodwill and Other Intangible Assets, (e) non-cash expenses for such period arising from the grant of stock options to officers, directors and employees of the Representative and its Consolidated Subsidiaries and (f) non-cash charges in the fiscal quarter ending December 31, 2002 arising from the Representative's change in its methodology for establishing patient liability reserves from a discounted to a non-discounted basis. View More

Consolidated EBITDA. The term "Consolidated EBITDA" means, for any period, the sum (without duplication) of: (i) Consolidated Net Income, and (ii) to the extent Consolidated Net Income has been reduced thereby (A) all income taxes of the Company paid or accrued in accordance with GAAP for such period (other than income taxes attributable to extraordinary, unusual or nonrecurring gains or losses or taxes attributable to sales or dispositions of assets... outside the ordinary course of business), (B) consolidated interest expense, and (C) consolidated non-cash charges less any non-cash items increasing Consolidated Net Income for such period, all as determined on a consolidated basis for the Company in accordance with GAAP. In addition to and without limitation of the foregoing, for purposes of this definition, "Consolidated EBITDA" shall be calculated after giving effect on a pro forma basis for the applicable period of such calculation to any asset sales, acquisitions or other dispositions occurring during such applicable period as if such asset sale, acquisition or disposition occurred on the first day of such applicable period, and including any pro forma expense and cost reductions calculated on a basis consistent with Regulation S-X under the Securities Exchange Act of 1934, as amended. 8 View More