EBITDA

EBITDA. Shall mean, in respect of any period, Consolidated Net Income for such period (i) minus, to the extent added in the computation of such Consolidated Net Income, gains, net of losses, arising from the disposition of property other than in the ordinary course of business; (ii) for calculating EBITDA for the quarter ending December 31, 1999, minus the sum of $3,368,000 for inventory write down, severance pay, bank and legal fees and increase in accounts receivable reserve taken during that... quarter; (iii) plus, to the extent deducted in the computation of such Consolidated Net Income, each of the following: 1. Consolidated Interest Expense (i.e., all amounts classified as interest expense of the Borrower and its subsidiaries under generally accepted accounting principles consistently applied), 2. taxes imposed on or measured by income or excess profits of the Borrower and its subsidiaries and franchise taxes however calculated, 3. the amount of all depreciation, depletion and amortization allowances. View More

EBITDA. Means for any period of determination, the net income of the Borrower before deductions for income taxes, Interest Expense, depreciation, amortization and store closing expenses incurred in connection with the Borrower's stores located in the cities of Mentor, Ohio Medina, Ohio and Brook Park (Sheldon Road), Ohio, all as determined in accordance with GAAP.

EBITDA. Means with respect to the relevant Computation Period, the Consolidated Net Income of Holdco and its Subsidiaries with the following adjustments (to the extent deducted or added, as applicable, in computing Consolidated Net Income): (i) plus interest expense, income taxes, depreciation ---- and amortization; (ii) less capital gains; and (iii) plus capital losses. ---- ---

EBITDA. Shall mean, for the Company and its Subsidiaries for any period, an amount equal to the sum of (a) Consolidated Net Income (Loss) for such period plus (b) to the extent deducted in determining Consolidated Net Income (Loss) for such period, (i) Interest Expense, (ii) income tax expense, and (iii) depreciation and amortization, determined on a consolidated basis in accordance with GAAP in each case... for such period; provided, however, (a) there shall be added to EBITDA for the quarter ending September 30, 2001, so long as such quarter is used in the EBITDA calculation for the relevant period, any non-recurring charges associated with the amortization of remaining loan fees, any waiver fees and any termination cost associated with the Company's current interest rate protection agreement during such quarter and the charges taken by the Company during such quarter in connection with the write-down of certain assets in the amount of $1,897,000 , (b) there shall be added to EBITDA for the quarter ending December 31, 2001, so long as such quarter is used in the EBITDA calculation for the relevant period, the charges taken by the Company during such quarter in connection with the write-down of certain assets in the amount of $109,000, (c) there shall be added to EBITDA for the quarter ending March 31, 2002, so long as such quarter is used in the EBITDA calculation for the relevant period, the charges taken by the Company during such quarter in connection with the write-down of certain assets in the amount of $295,000 and (d) there shall be added to EBITDA for the quarter ending June 30, 2002, so long as such quarter is used in the EBITDA calculation for the relevant period, the costs and charges taken by the Company during such quarter in connection with the write-down of certain assets, an increase in the reserve for accounts receivable and costs associated with various personnel and consulting actions in the amount of $4,904,000. View More

EBITDA. Means for any period, the sum (without duplication) of the amounts for such period of (a) Consolidated Net Income, (b) Interest Expense (including, for this purpose, dividends and accretions on Preferred Stock to the extent deducted in the calculation of Consolidated Net Income), (c) taxes payable by the Borrower and its Subsidiaries on a consolidated basis to the extent deducted from Consolidated Net Income, (d) total depreciation expense,... (e) total amortization expense (excluding Programming Amortization Expense), (f) (to the extent included in such Consolidated Net Income for such period) losses on sales of assets, (g) non-recurring restructuring charges related to the implementation of joint sales agreements, (h) restructuring charges incurred during the twelve months ended June 30, 2003 in an aggregate amount not to exceed $10,000,000, losses on Pre-Approved Securitization Transactions in an aggregate amount not to exceed $3,500,000 for any twelve-month period, and costs incurred to execute Pre-Approved Securitization Transactions in an aggregate amount not to exceed $1,600,000, and (i) other non-cash items reducing Consolidated Net Income, including (without limitation) stock based compensation, non-cash write-offs of syndicated programming rights contracts entered into before December 31, 2000, non-cash write-offs of programming rights contracts to their net realizable value in an aggregate amount not to exceed $40,000,000 and incurred during the twelve months ended June 30, 2003, and equity losses from any equity Investments resulting from the operation of such business in ordinary course, without giving effect to any extraordinary unusual and non-recurring gains less the sum (without duplication) of the amounts for such period of (x) non-cash items increasing Consolidated Net Income, including (without limitation) equity gains from any equity Investments resulting from the operation of such business in ordinary course and (y) (to the extent included in such Consolidated Net Income for such period) gains on the sales of assets, all of the foregoing as determined on a consolidated basis for the Borrower and its Subsidiaries and (unless otherwise defined) in conformity with GAAP. For the purposes of calculating EBITDA for any period, any Permitted Acquisition shall be deemed to have occurred on the first day of such period, any Asset Sale shall be deemed to have occurred as of the day before the first day of such period, and EBITDA shall be adjusted to give effect to such Permitted Acquisition or Asset Sale in accordance with the foregoing. View More

EBITDA. Means, for any Test Period, with respect to the Borrower and its Subsidiaries on a consolidated basis, consolidated net income for such period plus, without duplication and to the extent deducted in calculating consolidated net income for such period, the sum of (a) consolidated interest expense for such period, (b) the sum of federal, state, local and foreign income taxes accrued or paid in cash during such period, (c) the amount of depreciation and amortization expense deducted in determining... consolidated net income, (d) any extraordinary or non-recurring items reducing consolidated net income for such period, and (e) any non-cash items reducing consolidated net income for such period, minus (i) any extraordinary or non-recurring items increasing consolidated net income for such period (exclusive of any revenue from royalty audits) and (ii) any non-cash items increasing consolidated net income for such period. View More

EBITDA. Means, as of the last day of any specified calendar month, Borrower's consolidated net earnings before interest expense, depreciation, amortization and provision for Taxes of the Borrower for the twelve-month period ending on such day.

EBITDA. For any period the sum of (i) Earnings Before Interest and Taxes for such period, plus (ii) depreciation expenses for such period, plus (iii) amortization expenses for such period, plus (iv) to the extent deducted in calculating EBITDA, any non-cash charges against net income required to be recognized in connection with the issuance of... Equity Interests to employees or otherwise in accordance with SFAS 123R "Accounting for Stock Based Compensation" promulgated by FASB (whether upon lapse of vesting restrictions, exercise of employee options or otherwise), plus (v) to the extent deducted in calculating EBITDA, any non-cash impairment charge against goodwill and other intangible assets incurred by Tiburon for the fiscal quarter ended December 31, 2006. View More

EBITDA. Means for any period, net income plus to the extent deducted in determining net income, interest expense (including but not limited to imputed interest on capital leases), income tax expense, depreciation, and amortization, minus Distributions; all as determined for the Borrower and its Subsidiaries on a consolidated basis for such period in accordance with GAAP.

EBITDA. Means as to Borrowers for any period of determination thereof, the sum of (a) net profit (or loss) determined in accordance with GAAP consistently applied, plus (b) interest expense and income tax provisions for such period, plus (c) depreciation and amortization of assets for such period, plus (d) non-cash stock compensation, plus (e) non-cash non-recurring charges, as approved in writing by the Lender prior to the due date of the Compliance Certificate as required under Sections 6.1.1(a)... (Annual Statements and Certificates) and 6.1.1(b) (Quarterly Statements and Certificates), minus any non-cash gains to the extent included in net income. EBITDA shall be determined on a rolling basis, based on the four (4) quarter period then ending. EBITDA from any Permitted Acquisitions will be included on a pro forma basis. View More