EBITDA

EBITDA. Fail to achieve EBITDA, measured on a quarter- end basis, of at least the required amount set forth in the following table for the applicable period set forth opposite thereto: Applicable Amount Applicable Period $6,000,000 For the 12-month period ending on March 31, 2015, and for each 12-month period ending on the last date of each calendar quarter thereafter ; provided that, for the avoidance of doubt, EBITDA shall not be tested for the periods ending on March 31, 2014, June 30, 2014,... September 30, 2014 and December 31, 2014. Concurrently with the closing of each Permitted Acquisition (it being understood that none of the transactions contemplated by the Acquisition Agreement is a Permitted Acquisition), each EBITDA level set forth above shall be increased by 80% of pro forma 5701747v2 3/28/2014 9:36 AM1989.179 adjustment to EBITDA as set forth in the definition thereof for any applicable Reference Period. View More

EBITDA. Means earnings before interest, taxes, depreciation, and amortization as determined by the Company, in its sole discretion, in accordance with generally accepted accounting principles.

EBITDA. Shall mean, with respect to any Person, for any period, such Person's Consolidated Net Income, excluding the effects of such Person's and its Subsidiaries' interest expense with respect to Indebtedness, taxes, depreciation, amortization, asset write-ups or impairment charges, provisions for loan losses, and changes in mark-to-market value(s) (both gains and losses) of financial instruments and noncash compensation expenses, all determined on a consolidated basis in accordance with GAAP.

EBITDA. Shall mean an amount equal to the Company's (i) net income for such period, plus, to the extent reducing net income in such period, the sum, without duplication, of amounts for (a) consolidated interest expense, (b) provisions for taxes based on income, profits or capital, (c) total depreciation and depletion expense, (d) total amortization expense, (e) non-recurring expenses or losses reducing net income for such period, (f) other non-cash charges reducing net income for such period including,... for avoidance of doubt, option related expenses (but excluding any such non-cash charge to the extent that it represents an accrual or reserve for potential cash charge in any future period or amortization of a prepaid cash charge that was paid in a prior period), minus (ii) other non-cash gains increasing net income for such period (excluding any such non-cash gain to the extent it represents the reversal of an accrual or reserve for potential Cash gain in any prior period), and minus (iii) all non-recurring gains increasing net income for such period. View More

EBITDA. Earnings before Interest Expense, Income Tax Expense, depreciation, and amortization and with the following charges or losses to be added back to EBITDA and the income or gains to be subtracted from EBITDA: (i) all non-cash income and charges (including, but not limited to, gains on the sale of non-inventory assets and stock-based compensation); (ii) all non-recurring gains and losses (including, but not limited to, proceeds from the sale of non-inventory assets, transaction costs and... restructuring costs); and (iii) all extraordinary gains and losses, not realized in the ordinary course of business, in each case, as approved by the Lender in its sole discretion and as determined in accordance with Accounting Standards View More

EBITDA. Means, with respect to the Loan Parties for any period (a) net income determined in accordance with generally accepted accounting principles for such period (not inclusive of any non-cash income or losses with respect to non-controlling interests of Wilhelmina Kids & Creative Management, LLC), plus (b) to the extent deducted in the calculation of net income, interest expense, income taxes, non-cash stock compensation expense, depreciation, and amortization, plus (c) to the extent deducted in... the calculation of net income, only for the fiscal quarters ending March 31, 2016 and June 30, 2016, and in any event not to exceed an aggregate amount of $650,000.00, severance expenses directly related to the termination of senior executives of Borrower and recruiting fee expenses directly related to the hiring of a chief executive officer and a chief financial officer of Borrower, less (d) extraordinary, non-recurring items of revenues which Bank elects to exclude from net income, in the exercise of its sole discretion. View More

EBITDA. With respect to Borrower and its Subsidiaries on a consolidated basis as of any applicable date of determination thereof and for any Test Period, an amount equal to (a) Net Income (excluding any non-cash revenue or expense associated with Hedging Agreements resulting from ASC 815 and any non-cash charges attributable to the application of ASC 410), plus without duplication (b) the sum of the following to the extent deducted in the calculation of Net Income: (i) interest expense; (ii) income... taxes; (iii) depreciation; (iv) depletion; (v) amortization; (vi) extraordinary losses determined in accordance with GAAP; (vii) other non-recurring expenses reducing such Net Income which do not represent a cash item in such Test Period or any future period; (viii) all other non-cash charges and credits to income including ceiling test impairments under full cost accounting; (ix) fees paid to the Lenders, L/C Issuer, and Administrative Agent under this Agreement; (x) transaction-related costs and expenses with respect to this Agreement and the Intercreditor Agreement; and (xi) losses on the sale of assets, plus without duplication (c) cash distributions paid by either Carbon Appalachia Enterprises, LLC or Carbon California Company, LLC to Borrower for the same period in which such distributions were received, minus without duplication (d) the sum of the following to the extent included in the calculation of Net Income: (i) income tax credits; (ii) extraordinary gains determined in accordance with GAAP; (iii) gains on the sale of assets; and (iv) all non-recurring, non-cash items increasing Net Income View More

EBITDA. Shall have the meaning ascribed to such term in the Merger Agreement.

EBITDA. Borrower's earnings before interest, taxes, depreciation and amortization expenses, as determined in accordance with GAAP, provided that the following shall be added back to Borrower's earning: (i) all non-cash charges and expenses, including employee stock compensation expenses and (ii) all non-recurring expenses of Borrower as approved by Lenders on a case by case basis

EBITDA. Means, for any Person for any period of determination, an amount equal to (i) net income plus (ii) the sum of the following to the extent deducted from net income: (1) interest expense; plus (2) income taxes; plus (3) depreciation; plus (4) amortization for such period determined and consolidated in accordance with GAAP.