EBITDA

EBITDA. Means, with respect to any fiscal year, the Company's EBITDA, as defined in and determined pursuant to the provisions of the indenture entered into by the Company on February 2, 2000 in connection with the Company's 12 3/4% senior subordinated securities due 2007, as such indenture may be amended from time to time, or upon termination of such subordinated securities, as defined by the Company's Board of Directors.

EBITDA. Means the earnings before interest, income taxes, depreciation and amortization of the Company for the previous four full Fiscal Quarters (including the Fiscal Quarter for which the calculation is being undertaken) plus all payments received for such period pursuant to transactions accounted for as leases by the Company that have not otherwise been included in the earnings before interest, income taxes, depreciation and amortization of the Company for such period less total debt service... payments (principal, interest and mandatory reserve account contributions) on non-recourse project indebtedness of the Company for such period. For the purpose of clarifying this definition, Company shall mean the Company and its Subsidiaries accounted for on a consolidated basis. View More

EBITDA. Means the net income of the Company before interest, federal, state and local income taxes, depreciation and amortization, determined in accordance with GAAP, applied consistently with past practices of the Company, provided, however, that (i) there shall be no deduction from earnings in such calculation for (1) any direct expenses incurred in connection with the acquisition of the Company by Purchaser; or (2) corporate overhead in excess of the lesser of the actual corporate overhead... allocation or $1,600,000; and (ii) nonrecurring noncash expenses and revenues shall be disregarded in such calculation. The corporate overhead allocation to the Company shall be determined in a consistent manner with Purchaser's actual method of allocating overhead to its other divisions and subsidiaries, or if Purchaser does not allocate overhead, in a manner consistent with Purchaser's pro forma method of allocating overhead. For purposes of calculating EBITDA, all payments made to Longo (as defined in the Purchase Agreement) and Waxenbaum (as defined in the Purchase Agreement) under their respective Employment Agreements with the Company executed on the Closing Date, including but not limited to any signing bonuses, shall be deducted as expenses, except for (i) expenses relating to employee stock options, and (ii) any payments resulting from any amendments to such Employment Agreements entered into after the date hereof without the consent of Compost only to the extent such payments exceed the payments that would have been made without regard to such amendments. View More

EBITDA. EBITDA means, with reference to any period, Net Income for such period plus all amounts deducted in arriving at such Net Income amount in respect of (a) Interest Expense for such period, plus (b) federal, state and local income taxes for such period, plus (c) all amounts properly charged for depreciation of fixed assets and amortization of intangible assets during such period on the books... of the Borrower and its Subsidiaries; provided, however, that notwithstanding anything in this definition to the contrary: (a) any gains on sales or other dispositions of assets of the Company and its Subsidiaries outside the ordinary course of their business shall be given no effect in determining EBITDA; and (b) interest income as determined according to GAAP shall be given no effect in determining EBITDA. View More

EBITDA. For any period, the amount equal to: (a) the net income (or net loss) of the Corporation and its Subsidiaries during such period after deduction of all expenses, taxes and other charges, determined in accordance with generally accepted accounting principles, after eliminating therefrom all extraordinary items of income and expense PLUS (b) any provision for (or less any benefit from) income or franchise taxes included in the determination of (a) above; PLUS (c) depreciation, depletion and... amortization; PLUS (d) the expenses of the Corporation and its Subsidiaries charged to income for interest on indebtedness (including the current portion thereof), determined in accordance with generally accepted accounting principles. View More

EBITDA. Shall mean, for any period, the sum (without duplication), determined on a consolidated basis for the Guarantor and its Subsidiaries, of (a) net income for such period PLUS (b) to the extent deducted in determining net income for such period, the sum of (i) depreciation and amortization (including deferred financing costs, organization costs, goodwill and non-compete amortization) for such period, (ii) other non-cash expenses for such period, (iii) Interest Expense for such period, (iv)... provision for income taxes for such period, (v) extraordinary, unusual or non-recurring losses or other items (including without limitation losses arising from any natural disasters) for such period determined in accordance with GAAP, (vi) non-compete expenses for such period to the extent not capitalized in accordance with GAAP and (vii) losses on sales of fixed assets not in the ordinary course of business for such period after giving effect to any related charges for, reductions of or provisions for taxes thereon MINUS (c) to the extent included in the calculation of net income for such period, the sum of (i) other income (including interest income) for such period, (ii) extraordinary, unusual or non-recurring gains or other items for such period determined in accordance with GAAP and (iii) gains on sales of fixed assets not in the ordinary course of business for such period after giving effect to any related charges for, reductions of or provisions for taxes thereon. For the purposes of calculating the ratios set forth in Section 10 hereof there may, at the Guarantor's option (such option to be consistently applied with respect to each transaction), be included in EBITDA for any relevant period, on a PRO FORMA basis (adjusted to give effect to expenses that will not be ongoing), the net income (and the additions and subtractions thereto referred to above) for such period of any Person (or assets) acquired after the commencement of such period in connection with (i) the Pierce Merger and (ii) any Permitted Acquisition or any acquisition pursuant to Section 9.14(viii)(b) of the Credit Agreement having Acquisition Consideration, in the case of any such Permitted Acquisition, or an aggregate amount of consideration paid, in the case of such acquisition pursuant to Section 9.14(viii)(b) of the Credit Agreement, of more than $500,000. The net income (and the related additions and subtractions) of the Person or assets acquired pursuant to such acquisition for such period shall be calculated by reference to the most recent available quarterly financial statements of the acquired business, annualized. View More

EBITDA. "Earnings Before Interest, Taxes, Depreciation and Amortization" or "EBITDA" shall mean the earnings of the Company (on a consolidated basis) for fiscal 2002 before the associated expenses of interest, taxes, depreciation and amortization.

EBITDA. Means as to the Borrower for any period of determination thereof, the sum of (a) the net profit (or loss), PLUS (b) interest expense and income tax provisions for such period, PLUS (c) depreciation and amortization of assets for such period.

EBITDA. Means for any period, for Marlin Business Services Corp. and its consolidated subsidiaries, the sum of net income for such period plus (a) income taxes, (b) Interest Expense and (c) depreciation, amortization and fair value adjustments, all of which is to be computed over the previous twelve (12) months.

EBITDA. Shall mean, for any period of twelve (12) consecutive calendar months, with respect to any Person and its consolidated Subsidiaries, an amount equal to the sum (without duplication) of: Net Income (or loss) of such Person, plus the following (but only to the extent actually deducted in determination of such Net Income (or loss)): (i) depreciation and amortization expense, (ii) Interest Expense, (iii) income tax expense, (iv) extraordinary or non-recurring gains and losses, and (v) amounts... deducted in accordance with GAAP in respect of non-cash expenses. View More