Fixed Charges

Fixed Charges. Shall mean for any period the sum of (i) Scheduled Amortization for such period PLUS (ii) Interest Expense for such period PLUS (iii) 50% of the total Capital Expenditures (total Capital Expenditures being calculated for this purpose to exclude replacement Capital Expenditures made with the proceeds of insurance) for such period PLUS (iv) the aggregate amount of non-compete expenses for such period to the extent not capitalized in accordance with GAAP.

Fixed Charges. Shall mean, with respect to any Person and its consolidated Subsidiaries and for any period of twelve (12) consecutive calendar months, the sum of (a) all cash interest paid or accrued during such period and all scheduled principal amortization payments, interest, fees and other debt service payable by such Person and its consolidated Subsidiaries during such period, (b) Capitalized Lease Obligations paid or accrued during such period, (c) capital expenditures (if any) incurred by such Person... and its consolidated Subsidiaries during such period, (d) any amounts payable during such period under any ground lease, and (e) all amounts paid or accrued during such period in respect of any Interest Rate Protection Agreements or other derivative contracts. 2 View More

Fixed Charges. Means, with respect to the Company and its Subsidiaries on a consolidated basis and as of any date of termination, the sum of (i) interest expense paid by the Company and its Subsidiaries in cash during the four (4) most recently completed Fiscal Quarters (b) payments of principal made or scheduled to be made during the four (4) most recently completed Fiscal Quarters in respect of all Indebtedness of the Company and its Subsidiaries.

Fixed Charges. With respect to DavCo, for any period, the sum (without duplication) of (a) Interest Expense of DavCo for such period; (b) required amortization of Indebtedness of DavCo for such period (including, without limitation, the Loan), and (c) Lease Expense of DavCo for such period.

Fixed Charges. Means, for any period, the sum of the following for Borrower and its Restricted Subsidiaries on a Consolidated basis: (a) interest expense, net of interest income, included in the determination of Net Income (but excluding interest expense incurred from and after the Closing Date in respect of the Senior Defeased Notes in an amount not exceeding $985,000), less (i) amortization of capitalized fees and expenses included in... interest expense and incurred with respect to the Related Transactions or the transactions under the Existing Credit Agreement, (ii) amortization of any original issue discount attributable to any warrants included in interest expense and (iii) interest paid in kind and included in interest expense, (b) any provision for (benefit from (but only to the extent received in cash)) income or franchise taxes included in the determination of net income, (c) increases (decreases) in short-term and long-term 2 deferred tax assets, (d) decreases (increases) in short-term and long-term deferred tax liabilities, (e) scheduled payments of principal with respect to all Indebtedness (including the principal portion of scheduled payments of capital lease obligations but excluding reductions of the Revolving Loan) and (f) Restricted Junior Payments made in cash, other than Restricted Payments permitted under subsection 3.5(A). To the extent Fixed Charges are being calculated for any period which includes any of the following months, Fixed Charges for such month shall be deemed to be as follows: January 2003, $912,000; February 2003, $979,000; March 2003, $1,065,000; April 2003, $1,118,000; May 2003, $1,287,000; June 2003, $2,630,000; July 2003, $1,836,000; August 2003, $3,396,000; September 2003, $1,595,000; October 2003, $875,000; and November 2003, $1,537,000. View More

Fixed Charges. Means cash interest, cash taxes, scheduled principal payments on Funded Debt and cash dividends paid in the period in question, but not including any additional principal payments made by Borrower pursuant to Section 2.09.

Fixed Charges. Means, on a consolidated basis, for any Person and for any period, the sum (without duplication) of (a) Debt Service for such period and (b) Preferred Dividends for such period and (c) all payments due under any ground lease, determined in each case in accordance with GAAP.

Fixed Charges. Shall mean, as to any Person, with respect to any period, the sum of, without duplication, (a) all Interest Expense paid in cash during such period, plus (b) all Capital Expenditures during such period (other than Capital Expenditures made with the proceeds of Indebtedness permitted for such purpose hereunder), plus (c) all regularly scheduled (as determined at the beginning of the 2 respective period) principal payments of Indebtedness for borrowed money during such period... (excluding payments in respect of Revolving Loans which do not result in a permanent reduction of the Maximum Credit) and Indebtedness with respect to Capital Leases during such period (and without duplicating in items (a) and (b) of this definition, the interest component with respect to Indebtedness under Capital Leases), plus (d) the Provision for Taxes to the extent actually paid in cash during such period, plus (e) dividends and other distributions and repurchases and redemptions in respect of Capital Stock paid during such period, plus (f) cash costs paid under any Hedge Agreement during such period (to the extent not reflected in the calculation of Consolidated Net Income), plus (g) all capital contributions or other investments paid or made by any Borrower or Guarantor to ASAP permitted by Section 9.10(k)(i) hereof. View More

Fixed Charges. Shall mean, as to any Person, with respect to any period, the sum of, without duplication, (a) all Interest Expense during such period, plus (b) all Capital Expenditures not financed during such period, plus (c) all regularly scheduled (as determined at the beginning of the respective period) principal payments in respect of Indebtedness for borrowed money (excluding payments in respect of Revolving Loans which do not result in a reduction of the Commitments) and Indebtedness with respect to... Capital Leases (and without duplicating items (a) and (c) of this definition, the interest component with respect to Indebtedness under Capital Leases) during such period, plus (d) taxes paid during such period in cash, plus (e) dividends paid during such period in cash. View More

Fixed Charges. Means, with respect to any fiscal period and with respect to the Borrowers as determined on a consolidated basis in accordance with GAAP, the sum, without duplication, of (a) cash Interest Expense paid during such period (other than interest paid-in-kind, amortization of financing fees, and other non-cash Interest Expense), (b) principal payments paid in cash during such period in respect of Borrowers' obligations for borrowed money or amounts evidenced by notes or similar instruments,... including, without limitation, cash payments with respect to Capital Leases, cash payments made to Subordinated Creditors (other than the cash payment to the Subordinated Creditors made on or about October 7, 2011 in the aggregate amount of not more than $950,000) and payments on the Term Note, but excluding principal payments made with respect to the Credit Facility, and (d) all dividends and distributions (other than Pass-Through Tax Liabilities) paid in cash during such period. View More