EBITDA

EBITDA. Means the consolidated operating income of the two Business Divisions Active Pharmaceutical Ingredients and International Generics before taxation and net finance charges adjusted for depreciation, amortisation of goodwill and non-cash write offs as reported by the Guarantor in its consolidated financial report for the Business Divisions Active Pharmaceutical Ingredients and International Generics;

EBITDA. Of the Business means, for any period, the net income of the Division or Newco, as the case may be, for such period plus the sum of (i) interest expense of the Division or Newco, as the case may be, (PROVIDED that, with respect to the Division, such interest expense shall be limited to interest expense attributable to debt incurred to finance the Acquisition, transition reserves, working capital and capital expenditures, in each case relating to the operation of the Business, in an aggregate... principal amount not in excess of $100,000,000), (ii) income taxes attributable to the net income of the Division or Newco for such period, determined at the effective combined tax rate of the Company for such period, and (iii) depreciation and amortization expense attributable to assets comprising the Business for such period, all as determined in accordance with GAAP. View More

EBITDA. Shall mean, with respect to any Person for any period, the consolidated Net Income of such Person and its Subsidiaries for such period, PLUS without duplication, the sum of the following amounts of such Person and its Subsidiaries for such period to the extent deducted in determining consolidated Net Income of such Person and its Subsidiaries for such period: (A) Interest Expense, (B) federal, state, local and foreign income tax expense, (C) depreciation expense, (D) amortization expense and... (E) expenses incurred in connection with the Financing Agreement, the Convertible Facility, the Revolving Credit Facility, the refinancing of the Company's existing credit facilities and subsequent refinancing of the Company. View More

EBITDA. For the period means, the sum of (i) pretax earnings from continuing operations, excluding any non operating gains and/or extraordinary gains, plus (ii) Interest Expense, plus (iii) depreciation, depletion, and amortization of tangible and intangible assets, plus (iv) non-cash charges for asset impairment based on appraisals of the assets of the Borrower and its Affiliates, only to the extent it is included in pretax earnings from continuing operations in (i)... above, minus (v) miscellaneous losses and minus special extraordinary losses, in each case for such period, computed and calculated in accordance with GAAP. View More

EBITDA. With respect to any Person (or any asset of any Person) for any period, an amount equal to the sum of (a) the Net Income of such Person (or attributable to such asset) for such period plus (b) depreciation, amortization, interest expensed, income taxes and any extraordinary or non-recurring losses (including, without limitation, losses from the sale or anticipated sale of land) deducted in calculating such Net Income minus (c) any extraordinary or non-recurring gains (including, without... limitation, gains from the sale or anticipated sale of land) included in calculating such Net Income all as determined in accordance with GAAP. The Net Income of a Person (or any asset of a Person) shall be adjusted to reflect such Person's (or asset's) allocable share for the relevant period or as of the date of determination, taking into account such Person's respective ownership interest in other Persons or such assets. Notwithstanding anything in this Agreement to the contrary, any loss associated with a charge attributable to the settlement of the litigation described as items 1, 5 and 6 in Schedule 6.7 hereto shall, to the extent the same has been deducted in calculating EBITDA, be added back to EBITDA for the purposes of the covenants set forth in (S)9.2 and (S)9.7. Except as set forth in the definition of Funds from Operations, no similar adjustments shall be made in determining compliance with any other covenants set forth in this Agreement. View More

EBITDA. Shall mean, for any period, the sum of the following for any Person and its Subsidiaries (if any) determined on a consolidated basis in accordance with GAAP: (a) the sum of (i) net income for such period, plus (ii) the aggregate amounts deducted in determining such net income in respect of (A) income taxes for such period, (B) Interest Expense for such period, (C) depreciation and amortization for such period, (D) Special Charges for such period, (E) Net Non-Cash Charges for such period, plus... (iii) any contribution of capital made in accordance with clause (e) of Section 10 hereof, minus (b) any cash benefit received by the Company in any quarter of fiscal year 2002 arising as a result of actions or charges taken by the Company in the fourth quarter of fiscal year 2001 and included in the computation of Special Charges. Notwithstanding anything in the foregoing to the contrary, contributions of capital made in accordance with clause (e) of Section 10 hereof shall be included in EBITDA only for purposes of determining compliance with Section 9.07 hereof and for no other purpose in this Agreement, including, without limitation, for purposes of determining the Applicable Margin. View More

EBITDA. Shall mean, with respect to Payor for any period, the Consolidated Net Income of Payor for such period, plus (without duplication): (1) an amount equal to any extraordinary loss plus any net loss realized by Payor or any of its Subsidiaries in connection with an Asset Sale, to the extent such losses were deducted in computing such Consolidated Net Income; (2) provision for taxes based on income or profits of Payor and its Subsidiaries for such period, to the extent that such provision for taxes... was deducted in computing such Consolidated Net Income; (3) consolidated interest expense of Payor and its Subsidiaries for such period, whether paid or accrued and whether or not capitalized (including, without limitation, amortization of debt issuance costs and original issue discount, non-cash interest payments, the interest component of any deferred payment obligations, the interest component of all payments associated with Capital Lease Obligations, commissions, discounts and other fees and charges incurred in respect of letter of credit or bankers' acceptance financings, and net of the effect of all payments made or received pursuant to Hedging Obligations), to the extent that any such expense was deducted in computing such Consolidated Net Income; (4) depreciation, amortization (including amortization of goodwill and other intangibles but excluding 7 amortization of prepaid cash expenses that were paid in a prior period) and other non-cash expenses (excluding any such non-cash expense to the extent that it represents an accrual of or reserve for cash expenses in any future period or amortization of a prepaid cash expense that was paid in a prior period) of Payor and its Subsidiaries for such period to the extent that such depreciation, amortization and other non-cash expenses were deducted in computing such Consolidated Net Income; and (5) the net adjustment of EBITDA to calculate adjusted EBITDA on a pro forma basis for the year ended December 31, 2001 as shown in the Offering Memorandum for the Senior Subordinated Debt and any future pro forma adjustments allowed under the Senior Credit Facility calculation of Leverage Ratio; minus non-cash items increasing such Consolidated Net Income for such period, other than any items that represent the reversal of any accrual of, or cash reserve for, anticipated cash charges in any prior period, in each case, on a consolidated basis and determined in accordance with GAAP. View More

EBITDA. Shall mean, for any period (determined on a consolidated basis in accordance with GAAP), (a) the Consolidated Net Income of Customer for such period, plus (b) each of the following to the extent reflected as an expense in the determination of such Consolidated Net Income: (i) the Customer's provisions for taxes based on income for such period; (ii) Interest Expense for such period; and (iii) depreciation and amortization of tangible and... intangible assets of Customer for such period. View More

EBITDA. Shall mean the sum of net income (or loss) of California Prospectors (after eliminating all extraordinary or nonrecurring items of income or loss), plus to the extent deducted in computing such net income (or loss), without duplication, (i) all interest and other similar expense in respect of indebtedness for borrowed money 2 and similar expense in respect of capitalized leases, plus (ii) all expenses for income taxes (whether paid, accrued or... deferred), plus (iii) all depreciation and amortization of any assets or other non cash charges (including any depreciation, amortization or write-off of intangible assets, transaction costs or goodwill), plus (iv) all member draws, whether or not paid in cash, plus (v) owner's compensation payments, plus (vi) all rent paid to Target under the Existing Lease, less (vii) interest and other similar income in respect of money loaned by California Prospectors and deposits of California Prospectors. In determining EBITDA of California Prospectors for any period, to the extent that as a result of conduct outside the ordinary course of business (i) any items of income of California Prospectors have been shifted out of such period, or (ii) any items of expense have been shifted into such period, such items of income or expense shall be reclassified into the appropriate period. The schedule used to compute the foregoing EBITDA is attached as Exhibit 1. View More

EBITDA. EBITDA for a given period shall mean the Company's consolidated earnings before interest. taxes, depreciation and amortization and other non-cash charges, before management fees payable for such period to Sponsor (or its designees) pursuant to the management agreement between the Company and Sponsor and before any and all payments for the Prior Period Bonus for each member of the Executive Group (as provided in Section 3.3 hereof and in Section 3.3 of the other Employment Agreements execute... d-contemporaneously herewith) or from any and all Annual Bonus Pools and for each payment to employees of the Company based upon the accrual therefor on the Working Capital Balance Sheet. View More